Regular Visitation Schedule Versus Holiday Visitation Schedule

The child custody and visitation schedule that results from a Dissolution of Marriage is often described as the “Regular Visitation Schedule.”  If parents choose to, they also have the option of entering a separate “Holiday Visitation Schedule”.  If parents choose to have both of these schedules, it is important to know that the Holiday Visitation […]

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What is the Effect of Death of One Spouse prior to Entry of Judgment?

Pursuant to Family Code Section 310(a) a marriage is dissolved by the death of one party.  Additionally, one party’s death divests the Court of all further jurisdiction with respect to all unajudicated issues raised by the pleadings including child custody, child visitation, child support, property rights and attorney fees and costs.  Marriage of Shayman (1973). […]

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When We Don’t Agree, Does the Court Have to Follow the Child Support Guideline?

As every parent with a California child support case knows, Court orders must adhere to the Statewide Uniform Guideline as set forth in Family Code ྷ4055; unless the Court finds that the Payor has a net (take home) pay of $1,500.00 or less per month (reduced to $1,000.00 per month in 2021) or one of […]

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Are Defamatory Statements Privileged in Divorce Actions?

Defamatory statements often occur  in the context of judicial proceedings.  If such statements could be the basis for an action for damages against parties and witnesses, this would deter parties and witnesses from participation in the judicial process.  In order to ensure access to the legal process and encourage effective litigation through free communication, the […]

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Spousal Support and Immigration

Family Law has been described as being similar to General Practice because it can interact with other specialties of law such as real estate, retirement, estate planning, income tax, criminal law and bankruptcy to name a few. Another interaction is with Immigration Law. One such case is In Re Marriage of Kumar (2017) 13 Ca […]

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Child Custody: What is Legal v. Physical Custody

Legal custody refers to your decision making authority regarding your children, such as choice of school, child care, medical care, religious instruction, extra curricular activities and other major decisions.  Unless one parent is unavailable to participate in these decisions, or has problems with anger or substance abuse, legal custody will usually be shared. This means that […]

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Which Parent Claims Their Child As An Exemption On Federal Tax Returns?

When parents divorce or were never married, the general rule is that the custodial parent (whichever parent has more overnights during a calendar year) claims the child as an exemption on his/her tax return.  The other parent is the noncustodial parent.  If the child was with each parent for an equal number of nights, the custodial parent […]

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