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Southern California Family Law Attorney Blog

Mother granted custody despite immigration status

  • 18
  • April

Court cases for child custody don’t always involve two parents fighting for their child or children. At times, a grandparent in California may feel that they are better suited for raising the child, and may sue the parent(s) for custody of the child(ren). A judge will consider many factors in a child custody case before deciding whom the child will be happier with, and who will care for the child better.

After a lower court granted custody of a four-year-old girl to her paternal grandparents with the reasoning and that the mother was not in the country legally, an appeals court reversed the decision and gave custody of the little girl back to her mother. The grandparents felt they were best suited to raise the girl, possibly because she had been raised in their home until her mother broke up with her boyfriend, who is their son. The son was not involved in the custody case.

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If you earn more than your spouse, protect your assets

  • 12
  • April

When a couple in San Bernardino decides to get married, there are several things they should agree upon. How they want to raise their children, if they even want children, and how their life goals coincide should all be discussed. One extremely important factor that all couples should talk about before marriage is finances. And if one spouse earns a substantially higher income than the other, or is bringing other assets to the table, that could necessitate a discussion about a prenuptial agreement.

Drawing up a prenup is not meant to be a tactic to shield your soon-to-be spouse from benefiting from any of your assets — after all, you have decided to spend the rest of your lives together — but rather it is meant to protect you in a way that is fair should you decide to divorce down the road. Fortunately, a prenup and other techniques can allow you to safeguard what you would like to keep if you and your spouse split up.

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Why being the first to file can benefit you in your divorce

  • 4
  • April

When you are deciding when to file for divorce, there is some strategy involved. If you have decided that you want a divorce but have not filed yet, a recent article in Forbes offers a few things to consider.

If you file before your ex, there are several financial advantages that you will benefit from. First, you will have copies of all of your financial documents pulled together. This may seem like a minor benefit, but tracking down some of these statements is not always easy — especially if you have a spouse who keeps a tight rein on the finances.

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Michael Jordan off the hook for now in paternity case

  • 27
  • March

Three weeks ago we wrote about a lawsuit filed against former basketball star Michael Jordan. A woman filed a lawsuit recently claiming that Jordan was the father of her 16-year-old child. She was seeking a paternity test and child support from Jordan. The hall of famer denied any relationship to or responsibility for the boy.

In a dramatic turn of events, the woman withdrew the paternity suit last week. According to her attorneys, the woman filed the lawsuit without legal help and withdrew it at her attorney’s advice. Because it was withdrawn without prejudice, she has the option of filing it again. According to her attorney, she has not changed any of her allegations against Jordan, possibly alluding to a second filing in the future.

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How divorce makes a case for marriage

  • 20
  • March

Imagine that you have been in a relationship with one person for several years. You have talked about marriage, but with the high rate of divorce in this country, you’ve decided that you don’t need it to have a healthy, loving relationship. Eventually you decide to buy a home together, and then you decide to have kids. Soon, however, problems start to arise. For whatever reason, you and your partner don’t see eye to eye any more. You want different things, and you can tell you are growing apart, so you decide to break up.

This scenario is increasingly common the U.S., and is one many California residents have likely experienced. What happens next, however, is where things get tricky. When a couple doesn’t get married, they do not get to divorce. And for some, the absence of a legal dissolution is very difficult to overcome.

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