Sunday, May 31, 2009

Why should you retain a local family law attorney?

If you live in Riverside California it really can be beneficial to retain a lawyer that practices in the Riverside courts. While there are many benefits to retaining a local attorney I am only going to list a few.
  1. You would want to have an attorney that is familiar with the local court procedures, judges and rules.
  2. Because the attorney is local they would be known and respected by there peers.
  3. They are familiar with the tactics of other attorneys that you might be up against.

If you are looking for a local Riverside family law attorney please visit my family law website and feel free to contact my office for a free consultation.

Monday, May 25, 2009

The local family law courts in Orange County

  • Central Justice Center 700 Civic Center Drive West Santa Ana, CA 92702
  • Lamoreaux Justice Center 341 The City Drive Orange, CA 92683

Again, where you reside determines where you may file.

The local family law courts in the Inland Empire

  • Barstow District 235 E. Mountain View Avenue Barstow, CA 92311
  • Hemet District 880 North State Street Hemet, CA 92543
  • Rancho Cucamonga District 8303 N. Haven Avenue Rancho Cucamona, CA 91730
  • Riverside Family Law Court 4175 Main Street Riverside, CA 92501
  • San Bernardino District 351 N. Arrowhead Avenue San Bernardino, CA 92415
  • Victorville District 14455 Civic Drive Victorville, CA 92392

Where you reside is a factor in where you file. The courts listed above are the main family law courts. For example, if you reside in Corona you would file in Riverside, if you live in Hesperia you would file in Victorville.

If you have any questions please feel free to call our family law office and speak to one of our attorneys right away. 866-930-1949

Saturday, May 23, 2009

How do I file for divorce if I do not have a lot of money for an attorney?

The local Family Courts offer workshops on document preparation so you can "do it yourself."

You can also pick up a Dissolution packet, which has step-by-step instructions on how to complete the forms.

There are also legal aid clinics in your community to prepare your documents. Most legal aid clinics do charge for the preparation of documents, however, the charge is significantly less than hiring an attorney.

The workshops and the clinics only offer assistance in document preparation, they cannot offer legal advice.

Because of the economic times we are in our Family Law Offices is doing what we can to be able to offer some of our services for a discounted rate as well as for a fixed amount.

Please call my office to get more information or visit my Family Law Website.

Tuesday, May 19, 2009

Can Child Support be modified & under what circumstances?

Child support orders are modifiable at any time the court deems necessary so long as there has been a material change in circumstance.

Two of the main factors in determining if there is a change in circumstance are:

  1. Change in visitation: child support can be modified based upon the time share the non-custodial parent has with the minor child(ren). The higher the timeshare, the amount of support may decrease, less the timeshare, the amount of support may increase.
  2. Ability to pay: Perhaps the non-custodial parent no longer earns the same amount as when the order was issued and is not able to pay the amount ordered. A request may be made to decrease the amount of the initial child support ordered based upon the decrease in pay. However, if the non-custodial parent earns more than before, the custodial parent may request the court to increase the amount of support based upon the higher pay of the non-custodial parent as they would have the ability to pay more support.

In order for the court to revisit the issue of support, the party requesting the modification must prepare and file an Order to Show Cause to modify support, at which time the court will set the matter for hearing. The moving party must submit their updated income and expense information along with evidence of their income (i.e pay stubs, 1099's or Federal Tax returns).

Saturday, May 16, 2009

What is meant by a no-fault divorce?

"No-fault" divorce describes a divorce where no one is at fault for the dissolution of the marriage. Many times a party may think that the Judge must be aware that their partner has cheated, hence, the request for the divorce. This is not the case for a no-fault divorce. A party may file for divorce under the grounds of "incapacity" or "irreconcilable differences."

California is a no-fault divorce state and therefor all of the family law courts in the Inland Empire; Rancho Cucamonga, Riverside, San Bernardino and Hemet are as well.

Monday, October 27, 2008

What is Parental Alienation Syndrome (PAS)?

This is a very common question for parents involved in a highly disputed custody battle. Many times I here from one side that they believe that their spouse has turned their child against them.

If you suspect that the first thing you really need to do is contact a family law attorney so that you can get immediate relief. Leaving that aside here are a few questions you need to ask yourself:

Does one or more of your children want to spend less time with you?
Do they now reject you when they used to be very warm and loving?
Do they sometimes claim that you hate them or that they hate you?

If these issues are now prevalent in your relationship with your child he / she may be suffering from Parental Alienation Syndrome (PAS).

In 1985 a doctor named Richard A. Gardner, M.D. introduced the term parental alienation syndrome and pioneered its study. The following three cases are examples of the California family law courts recognizing PAS.

Coursey v. Superior Court (Coursey), 194 Cal.App.3d 147,239 Cal.Rptr. 365 (Cal.App. 3 Dist., Aug 18, 1987.
John W. v. Phillip W., 41 Cal.App.4th 961, 48 Cal.Rptr.2d 899; 1996.
Valerie Edlund v. Gregory Hales, 66 Cal. App 4th 1454; 78 Cal. Rptr. 2d 671.

If the court finds that PAS exists, it is likely to order a drastic shift of child custody or visitation.

The following are actual quotes by custodial parents said to children about the non custodial parent.

"Your dad is a jerk, and his new wife is weird"
"I know you don't want to go there but you have to" (the key to this sentence is the first part...i know you don't want...the CP is implying that the child's wish to not see the NCP is at the fault of the NCP and the NCP is just being mean in demanding his visitation time)
"You dad does not want to pay the support because he is a cheap selfish bastard and only I care about you"
"Your dad does not care about you. He only gives me a little money, not what you deserve to be raised on"
"I can't afford to buy nice stuff for you because your father won't give me more money"
"I can barely feed you on the child support money"
"Go ahead and live with your dad. You can just abandon us like he did"
"You dad only wants you to live with him because he wants to pay less money"
"Your dad is a bad father"
"Your grandma even thinks your dad is a bad father"
"You know only I love you"
"I am going to miss you so much while you are gone with your father"
"I am so lonely here without you"

If you feel that this is going on with your child please contact our office right away. And if not our office, please find an attorney that specializes in family law and contact them.