Southern California Defense Blog

It is important to have a court order with a set visitation schedule so you can enforce your child custody visitation rights. If a parent does not have a court order specifying a visitation schedule they are not entitled by law to a set visitation schedule and the police will not intervene. Kevin Federline was previously granted primary custody of their two children and Britney Spears was given monitored visitation due to her recent behavior. Last Thursday Britney had the two children for her monitored visit, however she refused to follow the court order and would not let Kevin take their two children after her scheduled visit. If you have a court order for visitation and the other parent refuses to follow the court order you can seek police assistance in enforcing the order. Because of the court order Kevin Federline was assisted by the police and was able to get the two children back from Britney Spears. This is why it is important to have a knowledgeable family law attorney to help you get court orders for custody and visitation.

Continue reading "KEVIN FEDERLINE USES POLICE INTERVENTION TO ENFORCE THE COURT ORDERED CUSTODY ARRANGEMENT:" »

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Has the court already issued an order regarding child support and custody? Have things changed in your life making you want to make a change to the court order? It may surprise you to learn that child custody and support orders are not final!

Child support orders are modifiable at any time as the court deems necessary. Courts will revise a child support order if there has been a material change of circumstances. The court makes this determination on a case by case basis. Reasons for modification include: a substantial increase in either parents earnings; a substantial decrease in income due to job change; substantial change in custodial arrangements; amount of time child spends with each parent; specific needs of the child; and a parents medical condition

In addition, child custody and visitation orders are modifiable throughout the child’s minority whenever the court finds that the modification is necessary and proper in the child’s best interests. A party seeking modification of a permanent custody order can do so with the showing of a significant change of circumstances so affecting the child that modification is essential to the child’s welfare.

At the law offices of Wallin & Klarich we have more than 30 years of experience helping our California clients in this complicated area. If you need more information and would like the assistance of a Wallin & Klarich California family law attorney please free to contact us at any time.

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When Parents Are Not Physically Capable of Looking After the Child

When parents are incapable of looking after their children, the courts will likely appoint guardians pursuant to the Probate Code. Usually the probate court will order a 1513 investigation wherein the proposed guardian’s home will be investigated. In addition, the proposed guardian will also be interviewed by a probation officer as to his/her experiences with the child.

The investigator may then file a report with the court and make recommendations concerning each proposed guardianship. The report will include a social history of the guardian, a social history of the proposed ward (child), the relationship between the proposed ward and the proposed guardian (ie: attitude, duration of relationship, ward’s developmental condition, physical, or emotional condition), the stability of the guardian, the relationship between guardian and natural parents. The court will then review said report and make a finding pursuant to the report’s recommendations.

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Through out the past years, factors in move away cases have been added and deleted from the court’s laundry list. Unless the move is prompted by absolute circumstances (ie: military move away), the court would like to ascertain the following:

1. Is there a detriment established by the distance of move (will the child’s relationship with non-moving parent be impaired as a result of the move)?
2. Where is the best support system or structure for the child (where are more family members based/located)? And
3. What is the child’s preference? (Does she want to live with Dad or Mom and where?) And
i. Is the child mature enough to express her wishes?
ii. Whether amicable relationship exists between child and Mom and child and Dad?

Continue reading "Move Away Cases and Children" »

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In today’s society, it is becoming ever more common that children are raised by parents who live separate and apart. Add to that the drastically rising cost of living in many Southern California areas and you are left with many parents who want to move to another area and take their child or children with them against the will of the other parent. This type of case in Family Law has now come to be known as a “move away” case.

What follows is a brief summary of the state of “move away” law and what we can do to help you if you and your family are in the midst of such a case.

Ordinarily when one parent has sole custody of a child and wants to move, the burden is on the party objecting to the move to show the Court that such a move would be detrimental to the child, a fairly difficult thing to do and given that the party who wants to move in those cases can usually get Court approval.

The situation is very different however when the parties share joint physical custody (who the child primarily lives with) and joint legal custody (who makes the important decisions for the child).

Continue reading "“I WANT TO MOVE AWAY WITH MY CHILD BUT MY EX WON'T LET ME – WHAT CAN I DO!?!”" »

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You and your spouse are just barely able to stand one another at times. Your son just turned 11 months old. You and your spouse have talked about getting a divorce. You have no friends in the area. You came from Oklahoma and you want to go back. Your spouse grew up here and wants to stay here. Of course, you want to take your son with you. Your spouse wants your son to stay. Your spouse files for divorce. Can you now move away to Okalahoma and take your son with you? You have heard that you could be charged with kidnapping. You have heard that is the same as child abduction. But it is your child too. No court ever told you that you can’t move and take your child with you. Thousands of parents across California face these questions and thoughts. The answers are clear and you are about to find out what they are.

Upon the filing of a petition for dissolution of marriage (divorce), the petitioner is automatically restricted from doing certain things. These restrictions are called automatic temporary restraining orders (ATROs). One of those things the parties are restricted from doing is moving away from the area with the children without the written consent of the other party. Once the other spouse (the respondent) is personally served with the petition and other filing papers, those same ATROs also apply to the respondent. This means neither parent can move away from the area without the written consent of the other party (spouse).

These ATROs are in effect against both parties “until the final judgment is entered or the petition is dismissed, or until further order of the court.” (See California Family Code § 233(a).)

Continue reading "Moving Away with Your Child While Divorce is Pending" »

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Once a divorce petition is filed, both parties are restrained from removing the child(ren) from the jurisdiction (area) without prior written consent of the other party. Let’s say you have recently filed for divorce and you now want to move to Hawaii with your two young children. If the other party (your spouse) is opposed to this, your only other option is to ask the court to allow you to take your children with you when you move.

One way to do this is to file an ex parte motion requesting the court to allow you to move away due to some emergency situation. If the court grants your motion, then great, you’re set. If the court denies your motion, you will have to go back for another hearing and ask the court again to allow you to remove your children from the area. It is important to explain the details of the situation and how the move would benefit your children. If the judge is not inclined to allow the move, you may ask the court for a “730 evaluation.” (See California Evidence Code § 730.) A “730 eval.” Allows the court to appoint an expert to conduct an investigation into your situation. This investigation may include interviewing you, your spouse, the children, other friends or family members, work situations, etc. The expert (or experts) would then form an opinion as to whether or not you should be allowed to take your children with you when and if you move away. The court would then listen to the expert’s opinion and make a determination.

The “730 eval.” is not cheap. The judge may require you to pay for the cost of the expert or experts. Therefore, you should consider the cost when making your decision.

Continue reading "Asking the Court to Allow You to Move Away from Area with Your Child" »

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