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Parents in California who are separating now often agree on the use of parenting plans in divorce proceedings. This written document outlines important parenting issues, such as the time spent with each parent and how decisions affecting the child will be made. Also known as a custody and visitation agreement, a parenting plan is not something to be taken lightly. …
Custodial parent relocation in California is actually quite legally complex. When a parent with primary custody wants to move out of California, the nonresidential parent may not have an issue with the relocation. However, if he or she does not agree to the move, certain provisions under state law may provide the opposing parent a legitimate, legal claim to prevent …
How can social media help with divorce notifications in North County San Diego? When a California resident decides that divorce is the right thing for him or her, there numerous tasks that must be completed, including informing the other spouse of the decision. In most cases, this is done by serving notice directly to the other person involved, but what …
It’s Valentine’s Day and love abounds this time of year. Relationships start. Relationships develop. Households are created. Children are begot, conceived and born. New statistics coincidentally suggest that marriage relationships are more likely to prosper when the 40 percent rule applies. The 40 percent rule says that when the wife earns forty percent of the combined household income and the …
Is domestic violence still a problem in California and elsewhere? This is obviously not a new issue, nor is it likely to stop being important now and in the foreseeable future. In 1641, the Massachusetts Body of Laws and Liberties declared that no woman should have to endure injuries from her husband unless he was defending himself against an attack …
What does the term Best Interest of a Child mean in a Carlsbad divorce and how does this affect child custody and parenting time? There is no statutory definition of “best interest of the child.” Cal. Rules of Court, rule 5.2 (b)(7) defines “best interest of the child” as being described in Fam. Code §3011. Curiously, that statute does not …
How should divorcing couples divide their homes in Carlsbad, Encinitas, Oceanside or Vista? When California couples divorce, property division issues such as the family home can be challenging and drawn out. Often, each spouse has something that he or she wants and is willing to make concessions to get. However, a challenge presents itself with the couple’s home, which tends …
There are important decisions during a Carlsbad divorce and one of the most important is to stop taking the advice of your former spouse. A recent case serves as a good example: Q: My husband has been mean to me, saying nasty things in the presence of the children. I know that is damaging to the children so I finally …
How are children in California affected by the divorce process? Divorce is understandably going to be a difficult situation for all involved. Processing emotions and dealing with the entire divorce process can be very stressful on any adult. It is easy to understand how much harder it is for children affected by the divorce process. A recent article in a …