San Diego Divorce Attorneys BlogOne of the first things you’ll see on the Family Law Summons is the Automatic Temporary Restraining Orders (called “ATROS”). These orders issue automatically upon the filing and service of the Petition. One of the ATROS states that neither parent is allowed to take the children out of the State of California. The order is intended to prevent parents from removing children from the state before appropriate custody and visitation orders can be put in place.
Articles Posted in Custody and Visitation
My Child Wants to Live Where? The Madonna/Rocco Custody Issue.
Madonna and Guy Ritchie’s 15 year-old son Rocco made headlines recently after he decided that he wanted to live with his dad in London and then refused to return to see his mom in New York for the holidays. Madonna ran into court just before Christmas, where the judge ordered Rocco to be returned to New York so that his living situation could be sorted out. Apparently, even with the Court’s orders, Madonna has had no luck bringing Rocco back to New York even after flying to London and trying to reason with him. According to Guy’s attorney, Rocco will have his own court-appointed attorney at the next hearing which is reportedly scheduled in March.
Information and Quick Tips for Family Court Services Mediation
Family Code section 3170 requires that parties to a child custody or visitation dispute attend mediation first. In San Diego County, we call this Family Court Services mediation. This process has different names in other counties. For example, in Riverside County, this is referred to Child Custody Recommending Counseling.
San Diego County is referred to as a “recommending county.” If the mediation process does not result in an agreement on custody and visitation, the Family Court Services mediation counselor will issue a report to the Court that includes a written recommendation. Continue reading
Move-Away Myths
As one Court appropriately put it, granting a parent’s request to move out of the county “is one of the most serious decisions a family law court is required to make.” The ramifications of the decision will undoubtedly affect both parents involved and their children for the rest of their lives. The law on California move-aways is not simple. In this blog post, we will discuss a few myths about move-aways in California.
Sherri Shepherd Relentlessly Attempts to Renounce Child
No, Sherri Shepherd’s case is not in being heard in California, but that does not make the facts of her legal battle any less intriguing to us California divorce lawyers. It has certainly left me hypothecating as to what the outcome of her widely-publicized parentage and support battle might be under California law. Although a Pennsylvania trial court ruled last year that Shepherd was legally responsible for a child born to a surrogate after her divorce from ex-husband Lamar Sally, the legal battle may not be over for the parties. The case has hit the media again since news recently broke that Shepherd is appealing the trial court’s decision.
My House, My Rules
It sounds cliché (because it is), but if I had a dollar for every time I heard my parents tell me, “as long as you live under my roof, you will follow my rules” I assure you I would be enjoying an early retirement somewhere sunny. When I was a kid, all I could think about was finding another roof to live under. Now, as a parent myself…well like many of us, I am turning into my parents. I suspect I will utter these same words to my kids soon enough.
This blog is not about turning into our parents. It is about dealing with discipline and consistency in co-parenting situations; situations where your children literally have another roof to live under.
Going Negative
I have blogged in the past about tips for co-parenting, how to talk with your attorney, and any number of other ways to address child custody issues in the Family Court system. With the presidential primaries heading towards the Iowa caucuses, I thought I would do a blog called “Going Negative.” In campaigning, going negative, known more colloquially as “mudslinging”, is trying to win an advantage by referring to negative aspects of an opponent rather than emphasizing one’s own positive attributes or preferred policies.
In really “going negative” means the same thing in family law, except instead of candidates its parents, and instead of policies its parenting. However, the effect it has is no different. Continue reading
Talking to your Attorney about Child Custody
I handle a lot of child custody cases. That is not surprising since I am a Family Law Attorney, but I have many colleagues that simply do not handle custody cases at all. They will either bring in co-counsel to handle the case or not accept the case entirely. Handling child custody cases can be difficult, and I cannot count the amount of clients who have cried in my office. The truth is child custody is a very emotional issue at the best of times. At the worst of times…well it can sometimes be soul crushing work. Having said that, I love handling custody and working with parents to find positive resolutions to very emotional issues.
Drug Testing in Custody Cases (Part 2)
In my previous blog, I raised several questions that you need to discuss with you attorney before you make a request for the party to be drug tested. In this blog I will answer these questions and provide some ideas to assist in deciding whether they are important in your case.
Drug Testing in Custody Cases (Part 1)
The abuse of alcohol and/or drugs by a parent can have an enormous impact on their children’s lives. That impact can range from the irrational or angry behavior of a parent under the influence, exposure to drugs or drug use, or safety concerns related to a parent who is under the influence and caring for the children.