Modification of Custody and Support Award
Modification of Custody and Support Award
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…
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A Way Out For Shoplifters
Have you ever been at the mall in the department store and saw a pair of sunglasses that you really wanted but you didn't have the money to purchase them? So you put them into your shopping bag and walked out of the store. However, as you were approaching your car, a loss prevention officer stops you, the police are called, and you are arrested on suspicion of petty theft…
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US SUPREME COURT STRIKES DOWN PART OF CALIFORNIA SENTENCING LAW
In January of this year, the United States Supreme Court entered a decision declaring part of California's felony sentencing structure unconstitutional. (Cunningham v. California) Before going into the how and why, it might be good to give a short background on how California sentences people convicted of felony crimes. Most people convicted of felony crimes in California are subject to the "Determinate Sentencing Law," meaning that the judge will impose…
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Diversion of Drug Offenses Coupled with DUI
There is a misconception that almost all drug cases are eligible for diversion through Penal Code 1000 and Proposition 36. Although it is possible to divert these offenses by completing certain drug classes and by subjecting yourself to random testing by the probation department, you will not be eligible for diversion if the offense is coupled with driving under the influence. If charged with possession of narcotics and Driving Under…
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GUARDIANSHIP CASES
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…
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Day in the Life of a Lawyer
My dog died today. We found him dead at lunch time. To compound things I found out right before leaving the office that I needed to be in two places at the same time right after lunch. I was scheduled for Court in Ventura at 1:30 p.m. and got a call that the DA was filing on another client in the Juvenile Court over in Oxnard and setting the hearing…
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Move Away Cases and Children
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…
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CAN I BE LIKE PARIS HILTON AND DO MY JAIL TIME AT HOME?
Many people were shocked to hear that Paris Hilton's jail sentence was changed. It was altered from 45 days of actual jail time to time served in jail (4 days) plus the balance of her 45 day "jail sentence" to be served watching TV and sitting by her pool in her million dollar mansion (home incarceration). However, with the right law firm a person's jail sentence can be altered to…
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JUST SAY NO TO SEARCHES
Here are some examples on how you should exercise this GOLDEN RULE: Officer Q: Can I search your car? A: No Officer Q: Can I search your pockets? A: No Officer Q: Can I search your house? A: No You get the point? Always, under any and all circumstances, just say NO. The law says that ANY search conducted WITHOUT a Search Warrant is presumed ILLEGAL. Which means, generally speaking,…
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“I WANT TO MOVE AWAY WITH MY CHILD BUT MY EX WON’T LET ME – WHAT CAN I DO!?!”
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…
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