Articles Posted in California

By

In a recent controversial New Jersey case, Rachel Canning filed a lawsuit against her parents requesting child support. Canning, a high school senior, alleges her parents kicked her out of their house after she turned 18 years old. Through her attorney, Canning is requesting financial support and an order for her parents to pay her college tuition. Canning’s parents dispute her allegations that she was forced out of their home and argue that Canning left home voluntarily. Apparently a dispute arose between Canning and her parents regarding the rules she should be required to follow while living at home. Essentially Canning is refusing to live at home with her parents who welcome her home but asking for her parents to pay for alternative living arrangements.

Canning is currently living with her best friend’s family. Further, Canning’s best friend’s father is funding her lawsuit against her parents by paying for her attorney fees. The New Jersey judge assigned to the case held that Canning did not have the legal right to request support from her parents and denied her motion. Generally, in California, the custodial parent petition’s the family court to request child support from the other parent. The recent New Jersey case is so controversial because an adult child is suing her parents for financial support in complete contrast to the traditional paradigm.In California child support cases, many parents ask if they have a legal obligation to support their child financially after the child reaches the age of 18. Pursuant to the California Family Code, unless there is an agreement by the parties or an incapacitated adult child meeting various requirements, a parent’s statutory duty to provide child support ends upon the child’s marriage, death, emancipation, at age 19, or at age 18 and is not attending high school full time – whichever occurs first. This means that in some cases, a parent is obligated to support a child after that child reaches the age of majority (18) as long as the child is still a full-time high school student. The reason for this particular provision is that some children start school later than others or are held back a grade. In those cases, the child will graduate high school at age 19 rather than age 18.

It is important to note that there are a variety of cases and statues which specifically deal with the support of an adult child who suffers from an incapacitating disability. These are fact driven cases and should be handled by a Certified Family Law Specialist.
Continue reading

By

Over the last few years many states have expanded the traditional idea of “family” by granting parental rights to parties under a variety of new circumstances. Now, non-married couples, same-sex couples, and even single parties can adopt children throughout the United States. Recently, a New York judge expanded the notion of family even further by holding that two friends (never involved in a romantic relationship) of different sexual orientation could adopt a child together. The new mother and father of an Ethiopian child do not even live together. Originally the mother wanted to have a child and the father offered to be a sperm donor. After the friends were unable to conceive, they decided to adopt a child together instead.The court’s decision to allow friends with no commitment to each other to adopt together has raised significant controversy. Among the opponents of the judge’s decision is Peter Sprigg, a senior fellow for policy studies at the Family Research Council. He asserts the position that the judge’s ruling puts the parent’s needs over and above the needs of the child. This position is based on Sprigg’s belief that the purpose of adoption is “to provide homes for children that resemble as closely as possible the natural family” and that “we would do better to stick with the rule of nature that children do best with a mother and a father who are married to one another”. Sprigg cites the level of commitment between married parents as a source of stability for a child and contends that that lifelong pledge will bind the parents together in such a way that cannot be replicated by friends.

Considering the reality that divorce is not a myth and is in fact quite common in the United States today, Sprigg’s position merits little credibility. Marriage is a lifelong commitment; however, for a variety of reasons, marriages end. Further, divorce can be one of the most traumatizing experiences a child goes through. If the parents are never married, the child will not experience a divorce. The New York Judge reasoned that the parents “have created a nurturing family environment…including a well-thought-out, discussed and fluid method of sharing parental responsibilities between their homes.” Regardless of their marital status, the Judge believed these two to be competent parents.

With so many parentless children worldwide, it is questionable why any parental arrangement is detrimental to the best interests of the child as long as the proposed parents do not pose a danger to the child’s emotional and physical wellbeing.
Continue reading

By

Going through a divorce may be equally difficult for the children of the divorce as it is for the two spouses. Although they may show their grief in different ways, children are typically grieving right alongside their parents.

The news of an impending divorce usually causes children to initially experience feelings of shock. Although they may appear to be functioning okay on the surface, children are likely stunned at first and beginning to cope with their “loss” beneath the surface. As a result of their shock and numbness, a child’s ability to concentrate and think clearly may be impacted. As a parent, you can help your child cope by being patient, giving your child space to think through and process everything, and making yourself available to your child when he/she is ready to talk and have you listen.

A divorce may also cause children to experience feelings of searching or yearning. This typically results in the child “acting out” or possibly withdrawing from others. They may appear to be angry, restless or even bewildered. As a parent, you can help your child cope with these feelings by remaining calm, allowing your child to express his or her feelings and realizing that their feelings may change significantly each day.During a divorce children may also appear very disorganized or disoriented. This is a result of their extreme sadness or depression that they are experiencing as a result of the divorce. This may cause children to lose their appetite, have trouble sleeping, and even lack enthusiasm for the things that they used to enjoy. While a child is experiencing these feelings during a divorce, as a parent you can help by ensuring that your child gets the adequate sleep and nutrition that his or her body requires. It is also important to continually make yourself available and to provide opportunities to spend time together.

Lastly, children typically (and hopefully) go through a stage of acceptance in which they begin to accept the loss and perceive an opportunity for reorganization and resolution. During this stage, children appear to have more energy and seem less sad. As a parent, you can encourage your child to share his or her feelings. However, it is important to realize that your child may slip back into one of the previous stages of grief. Therefore, it is important to remain alert to your child’s mental state and behavior.

Although the parents may be overwhelmed with their inevitable emotions that come along with a divorce, it is important to take a step back and help your children cope with the divorce and corresponding stages of grief that they are experiencing alongside you.
Continue reading

By

Actress Jane Lynch recently settled her divorce proceedings and is actually on good terms with her ex, according to TMZ. Perhaps the reason for their civilized relationship post-divorce is because they resolved their issues through collaborative divorce thus avoiding the emotionally draining process of litigating divorce proceedings in court.

Many people are familiar with litigation and mediation, but not all are familiar with the process of collaborative divorce. That’s because collaborative divorce is a relatively new form of alternative dispute resolution which was developed in the early 1990s. However, collaborative divorce has grown rapidly since then because of its success in leading to healthier and more positive results throughout the divorce process.Unlike litigation, where the Judge makes the decisions regarding the parties’ divorce based on formulas created by the state, collaborative divorce gives the parties the authority and control to decide for themselves and focus on joint and creative problem solving, similar to mediation. The focus of collaborative divorce is to provide a healthy forum with a team of professions to help the couple reach a settlement that is in the best interest of the child and both parties, all while avoiding the uncertainty, expense and added stress that comes with litigating in court. Collaborative divorce also focuses on the future by teaching the parties to interact with each other in a respectful manner which will carry through their post-divorce relationship and co-parenting.

The expanded team of independent professionals who work as a team to be involved in collaborative divorce typically includes attorneys (each spouse has a trained collaborative attorney), child custody specialists, financial specialists, and licensed mental health professionals. Having so many professionals at your fingertips allows for more guidance and access to information which helps to lead to a more mutually beneficial outcome for everyone involved.

Typically, both spouses and their respective collaborative divorce attorneys sign a “Participation Agreement” which outlines their commitment to settle their divorce in a non-adversarial manner, work on their communication and interaction with one another, act in their children’s best interest to minimize emotional damage, retain neutral experts if necessary, and maintain status quo regarding children and assets throughout the collaborative process. The collaborative process requires both parties to dedicate themselves to working through their divorce with an honest and open mindset in which the welfare of their family is the top priority.

Although divorce is the end of a marriage, collaborative divorce can provide the parties involved with the opportunity for a healthy new start in which they are able to move forward with their lives and avoid the bitterness, anger and resentment that is often associated with a divorce.
Continue reading

By

A recent ballot initiative in Colorado might just make saying “I do” a little bit more complex by requiring couples engaged to be married to attend a designated number of hours of state-mandated pre-marital education classes before tying the knot. The ballot initiative was proposed by a California organization known as Kids Against Divorce. The organization intends to introduce similar measure across the country in the future. Perhaps California will be next.

According to the Denver Post, the proposed initiative, known as the Colorado Marriage Education Act, would require first time couples to attend 10 hours of marriage education. For those planning to walk down the aisle for the second time, 20 hours of marriage education would be required. And for those walking down the aisle for a third time, 30 hours of marriage education would be mandated before being allowed to get their marriage license. There would of course be an exception for widows, who would be held to the same requirement as those getting married for the first time. After completing the required amount of education, couples would be issued a “Marriage Course Completion Certificate” by the Colorado State Board of Marriage and Family Therapist Examiners.

As with any proposed ballot initiative, requiring couples to attend pre-marital education classes has its pros and cons. Proponents of the ballot initiative argue that it aims to convey the message that a marriage license should be treated like a driver’s license, license to practice law, cosmetology license, or any other license. If these other licenses require a minimum amount of education to prepare a person to drive or practice in their career, why shouldn’t a marriage license require the same to prepare individuals to fulfill their future role as a spouse and potentially as a parent? Proponents further argue that the requirement wouldn’t be overly burdensome and it’s worth it to potentially help couples go into their marriage as a stronger couple unit with more knowledge and better prepared for the commitment they will be making. Furthermore, there is the high potential for a reduction in divorces and in turn a reduction in the significant amount of taxpayer dollars spent each year on courts that handle divorces. On another note, proponents argue that many people would benefit from the tax credit that the ballot initiative offers to married couples who voluntarily choose to complete continuing marital education.

However, as would be expected, there are some Colorado residents who vehemently oppose the proposed measure. These individuals are arguing that it is an overstepping of the government to decide what education people should or should not receive before getting hitched. Others seem to feel that they are ready to get married without the need for education classes or that education classes that they are already taking through their church should be sufficient. Or maybe it’s the cost associated with the education classes (and paid for by the couples) that is the source of outrage for opponents.
Continue reading

By

Jurisdiction is a complicated issue even for experienced attorneys. It is understandable that family law litigants are often unsure regarding where to file their case especially if the parties live in separate states or cities. In addition, jurisdiction may present a problem if one party would like to modify a previous custody and visitation order and neither party lives in the state which originally issued the order. In San Diego, the family court website will direct potential litigants to the particular family courthouse where a case should be filed. San Diego family court jurisdiction is divided by zip code of the filing party. This means that the filing party only needs to enter his or her zip code and the website will direct him or her to the correct courthouse. However, these web tools do not provide guidance for parties with complicated jurisdictional questions.

In general, before a court can exercise jurisdiction over a case (hear the matter) the court must determine it has subject matter jurisdiction and personal jurisdiction over the parties. The subject matter jurisdiction requirement means that the particular court hearing the case must have the legal authority to hear that specific type of case. For example, a bankruptcy court will not entertain a divorce case and a criminal court will not make rulings in a bankruptcy case. In any custody case, family courts will have subject matter jurisdiction over the matter. Therefore, all requests for custody orders or a modification to a current order should be filed with a family court.

If the parents of a child live in separate states, the state where each parent resides will not likely have personal jurisdiction over the other parent. Personal jurisdiction requires one of the following: (1) living in the state with the intent to remain, (2) personal service while physically present in the state, (3) consent, (4) sufficient minimum contacts, (5) or pursuant to a long arm statue. Each of these methods of acquiring personal jurisdiction involves a complicated legal analysis and citation of legal authority not available to most family law litigants. Considering this requirement, it may seem impossible to get custody orders from a state if your co-parent does not live in the same state.

Fortunately, the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”) provides clear authority for jurisdiction over custody matters. The UCCJEA states that a child’s “home state” shall have exclusive and continuing jurisdiction for child custody litigation. A child’s “home state” is defined as the state where the child has lived with a parent for at least six consecutive months prior to the commencement of the proceeding. If the child is younger than six months old, the “home state” is the state where the child has lived since birth. Therefore a custody case should be filed in the state where the child resides regardless if one parent lives out of state.
Continue reading

By

Being awarded child support is very important for financial stability of the child support recipient and his/her children. Thus, the possibility of not receiving the child support that is owed can be detrimental. One question often in the minds of child support recipients is whether the payor spouse can avoid paying for child support by filing for bankruptcy.

Luckily, the Bankruptcy Code is designed to attempt to protect the rights of the former spouse to collect child support due to him or her. Congress apparently realized that child support debt is too important and thus should not be able to be discharged in bankruptcy proceedings. Typically when a debtor files for bankruptcy an automatic stay comes into effect which halts creditors from collecting on their debts from the debtor. However, this automatic stay does not apply to enforcement of the collection of child support. The spouse who receives the child support doesn’t even have to file any proof of claim or objection to the bankruptcy court in order to enforce his or her right to receive the child support. Rather, an existing order to pay child support debts remains in effect and will continue to accrue during and even after the bankruptcy case is completed. As a result, a former spouse that files bankruptcy cannot avoid paying child support. However, it is important to note that past due child support that was owed as of the date of filing for bankruptcy might not be paid immediately. The automatic stay will often prevent this issue from being addressed until the automatic stay is lifted, especially if there are many credits in line.

Although child support can be extremely burdensome on the payor, filing for bankruptcy is not an effective means of eliminating the financial obligation. A better forum to reduce child support payments is the family law court, if appropriate factors apply of course. However, filing for bankruptcy might help reduce other unsecure debts such that child support obligations may be easier to afford for the payor spouse.

Another important note is that if you are the recipient of child support and you file for bankruptcy, the child support payments you receive are exempt from bankruptcy proceedings, meaning that those payments cannot be used to pay creditors.
Continue reading

By

Those born and raised in the United States tend to have the understanding that they are free to say anything they wish behind the protections of the First Amendment. However, courts have put a number of restrictions on free speech such as prohibitions against defamation, obscenity, and harassment. In a recent family law case involving basketball star Steve Nash, family courts placed another restriction on the First Amendment. In the Nash case, the Arizona Court of Appeals placed a muzzle on social media communications in family law proceedings.

In nearly every child custody and/or visitation order the judge (or the parties through agreement) will include the following language:

Neither parent shall make negative statements about the other in the presence or hearing of the children or question the children about the other parent. The parents shall communicate directly with each other in matters concerning the children and shall not use the children as a messenger between them. The children shall not be exposed to court papers or disputes between the parents, and each parent shall make every possible effort to ensure that other people comply with this order.

Not surprisingly, this language was included in the Nash joint custody agreement. Following the issuance of this standard admonition, Nash’s ex-wife, Alejandra Amarilla, was alleged to have made disparaging remarks about him through her social media account, Twitter. As a result, Nash petitioned the court to intervene arguing that his former spouse was violating the non-disparaging clause. Amarilla defended her actions citing the First Amendment’s freedom of speech clause in support of her case. The First Amendment has frequently been expanded to include “speech” in the form of electronic communication.

In the Nash case, the court held that Ms. Amarilla’s conduct was not protected by the First Amendment and made an order prohibiting both parties from making disparaging comments about each other on social media sites. The court based its decision on the fact that Steve Nash is a highly public figure and therefore the comments made by his former wife were likely to reach their children. The court also noted that social media comments or postings cannot be adequately controlled or maintained to prevent exposure of improper conduct to the children. Ms. Amarilla appealed the trial court’s ruling and the Arizona Court of Appeals determined that the trial court did not abuse its discretion and upheld the earlier ruling.

Since the Nash case was recently decided, its effect on other family law matters is unknown. However, a good argument exists for the position that the Nash case is inapplicable in ordinary divorce matters because the parties’ social media sites are not as prolific as those of celebrities.
Continue reading

By

Despite their typical tough exterior, recent studies indicate that men actually seem to have a more difficult time coping with divorce than women. Unfortunately, studies also show that divorced men are more likely to have heart disease, strokes, high blood pressure, and commit suicide.

One reason why men may have a more difficult time coping with divorce is because oftentimes men don’t let themselves properly grieve during the divorce process. Unlike most women, men tend to bottle up their feelings and oppose therapy or other means of getting their emotions out. As a result, they are less likely to lean on others for support and to release their built up emotions and stress stemming from the divorce.

Women, on the other hand, are much more apt to seek assistance from friends, family, a therapist or even a support group regarding their emotions. Doing so helps women to be more emotionally prepared to tackle the challenges and stressors that come with a divorce. Without the ability to properly grieve and reach out to others for support, men are more likely to experience feelings of depression. If men want to properly grieve and allow themselves to heal during and after a divorce, it’s necessary to put aside the “Men don’t cry” and “I can do this alone” attitude and instead reach out to those who can help with the grieving process. Addressing emotions early on can help the grieving process later on down the road.

Another reason men may have a harder time coping with divorce is because they tend to lose their sense of identity as a result of the divorce. This is especially true when the man’s role in the marriage is the “breadwinner” and “protector” and then they become disconnected from their children during or after the divorce. Many men have a paternal instinct to be a provider so when the family dynamic changes because of a divorce, men are often times forced to re-identify their role. Those men who remain very connected and involved in their children’s lives, however, tend to have an easier time re-instilling any lost sense of identity and belonging.
Continue reading

By

One of the most common questions asked in an initial divorce consultation is “how much will this divorce cost me?” Many prospective clients are surprised when divorce attorneys answer “I have no idea”. The only concrete information a family law attorney can provide clients regarding the cost of their divorce matter is the filing fees imposed by the courts ($435 in 2013). Other than basic hard costs and billing methods, divorce attorneys can provide clients with little information regarding the cost of their divorce at the initial consultation because the overall cost is based on a combination of the following factors.The Client: A family law client has the ability to greatly influence the cost of his or her divorce. If the client needs a lot of counseling or “hand holding” his or her bills will generally be much higher because the clients repeated phone calls and e-mails substantially increase the time an attorney devotes to the case. Considering the fact that a vast majority of family law attorneys charge an hourly billing rate, daily e-mails and phone calls could potentially add up to thousands of dollars per month.

The Opposing Party: Generally the attitude of the opposing party falls into one of a few categories: (1) emotionally stable and ready to move on with his or her life, (2) angry, vindictive, and willing to do anything to “get back at” his or her spouse, (3) hopeful that the parties can reconcile and therefore doing everything possible to delay the divorce process or (4) self-proclaimed victim who is busy feeling sorry for him/herself. If the opposing party wishes to drag out the divorce process, for whatever reason, there are endless methods of doing this. Delay is particularly easy for a non-represented party who does not incur attorney fees by filing countless motions, propounding burdensome discovery, or litigating every small issue.

The Opposing Counsel: Just like repeated communication with the client can increase attorney fees, onerous correspondence from the opposing attorney can greatly increase the cost of a divorce. This is because attorneys generally have a duty to read and respond to all pleadings and correspondence from the other side. Further, family law attorneys generally have a reputation for either working amicably with the other side to reach a mutually beneficial agreement whenever possible or for using their client’s vulnerable state to fuel litigation for their own financial gain. Therefore, the general practice of the opposing attorney will likely minimize or increase the overall cost of divorce.The Judge/Court: Every family law judge in San Diego is different. As such, every judge has a different calendar, schedule, and view of each case. Many of the court calendars are impacted and family law motions go months before being heard.

Number/Complexity of Contested Issues: The number and complexity of the contested issues in a divorce case is a major factor in the overall cost. For example, if the parties were married for 15 years but have no children, no real property, no retirement accounts/savings, and both earn similar incomes there will be few issues to litigate. However, if the parties were married for three years but have two minor children, retirement accounts, own a home and only one spouse works, the parties will have to address property division, custody and visitation, and support issues. The more contested issues that exist, the longer and more expensive the divorce will be. However, if the contested issues are not complex, a simple hearing will generally resolve the disputes and keep costs low.
Continue reading

Contact Information
Del Mar Technology Center
12348 High Bluff Dr, #220
San Diego, CA 92130
Phone: 858-793-8884
Fax: 858-793-8874

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Bickford Blado & Botros
JUSTIA Law Firm Blog Design