If you are an unmarried mother, we are assuming: You have never married the father of your child; You were not married to someone else when your child was born; Paternity was not established by you both signing an Acknowledgement of Paternity (AOP) form or through a court-ordered DNA test; and There is no court order that…

I am preparing for my third family law trial during this pandemic, so writing my articles had to be “paused.” But this issue is something I have never written about, and it is something that affect those that have a hard time “kicking” out a spouse from the home. The California Family Code allows courts…

Department of Child Support Services (DCSS) in Los Angeles County moved from Central Civil West to Stanley Mosk Courthouse so expect a learning curve for all involved. But the same work of establishing and enforcing child support orders, spousal support (in some instances) and arrears collection will remain. Notwithstanding the interest rates being at historically…

California’s AB 1950 amends the California State Penal Code to limit adult probation to a maximum of one year for misdemeanor offenses and two years for felony offenses. Before the change in the law, misdemeanor probation was typically three years and felony probation from three to five years. What is Probation and How Long Does…

The United States Department of Justice enforces federal hate crimes laws that cover certain crimes committed on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968. The information below…

I just finished a virtual trial on Monday, March 1, 2021. It was set for ten days with a bifurcated issue going first. The bifurcated portion was scheduled for three days, it lasted six days and I had two attorneys on the opposing side to contend with. The legal issue was complex, and the facts…

It is important to understand that when people live together, whether or not they are married, a “confidential relationship” arises between them. For married persons this relationship arises from a legally recognized nature of matrimony. For unmarried persons, certain important legal obligations are present but may be of lesser value. Nonetheless, due to the trust…

“Motion pursuant to section 1203.4/1203.4A of the California Penal Code is hereby granted. It is ordered that the plea, verdict, or finding of guilt be set aside and vacated a plea of not guilty be entered; and the complaint be and is hereby dismissed per 1203.4. Court has read and considered the motion for early…

As we all know, hiring an attorney to represent you could be very expensive. While it does provide some relief to you that you are not burdened with maneuvering the court system alone, especially during the pandemic, it is a financial burden, even for those who have the financial resources. It is even more difficult…

Family Code (FC) Section 6345 (a): In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court,…

The month of April has been designated Child Abuse Prevention Month in the United States since 1983. I wrote an article in 2011 about how child abuse rose during the recession. I am afraid, that we are again living in a time, in which child abuse and domestic violence are escalating. Reports are frightening. “After…

A constitutional right to an attorney, unlike in criminal cases do not extend to family law cases. But your inability to pay for an attorney should not impede you from proceeding with child and spousal support, custody, visitation rights and restraining orders. These are important issues that may require you to seek the help of…

I am part of a legal team for both the client’s criminal domestic violence trial and divorce. While the merits of the criminal case will be determined by the jurors, the pervading question is the validity of the allegations while the parties concurrently are engaged in a bitter divorce case.  Both parties’ are keenly aware…

I have a client who travels all over the world for his business and his passport has been revoked. He called my office since his divorce case in California was a complex matter, including an appeal. He did not want his prior attorneys to represent him and he was recommended to me by a fellow…

The threshold test in modification motions in family law cases is that the requesting party must establish a change in circumstance(s) from the prior order. It is applied in requests for child custody changes, basis for adjustments in child and/or spousal support orders. This prevents re-litigation of facts or circumstances that have not materially changed….

Happy New Year everyone! I have been engaged in two very complex and ongoing settlement conferences in an effort to prevent the case from going to trial and incurring substantial legal fees and costs for my client. One case will need to be “bifurcated” (a separate trial for one or more particular issue). In this…

It is one thing to obtain an order it is another to enforce it.  In this article, I will focus on support orders (child and spousal). But the mechanism of enforcing orders by contempt is available in other money judgments. A party who is subject to a valid order, has knowledge of the order, and…

Many of you have read a client’s review that invoking your Fifth Amendment right is advisable. I had a client and his family who were involved in a situation which they were dealing with the Los Angeles Police Department (LAPD) and the Department of Children’s and Family Services (DCFS) at the same time. What this…

I had a case where my client resides with the minor child in Italy and the father is in California. Ex parte applications are the opposing counsel’s choice of “fast tracking” custody issues but all have been denied. In fact, I have requested and won my request for attorney fees and sanctions. It is critical…

“If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child.” [Family Code “FC” 3102 (a)] As you…