Divorce and Family Law Blog

What Constitutes Emergency Custody in California?

Child custody is a sensitive and emotion-laden issue. How does a San Diego family court decide on custody arrangements? The “best interests of the child” is the primary consideration, but what exactly is that? And then there’s the issue of emergency custody, where one parent is seeking an immediate change in child custody arrangements, ostensibly… read more

Can You Modify Or Terminate Permanent Alimony In California?

When spouses separate in California and one file for divorce, either spouse may file for spousal support or alimony. If the court determines that alimony is appropriate, it will issue an order of support for one spouse to support the other.  How much support the court orders can be can be a complicated issue, for… read more

Can Divorced Couples Still Live Together in California?

Divorce is not always a battle. With California’s no-fault divorce laws, spouses can dissolve their marriage without proving fault. Some couples simply fall out of love and desire to divorce to move forward. They may remain friends after the divorce and continue to care for one another on a platonic basis. With that in mind,… read more

What Happens if I Miss One Court-Ordered Child Support Payment?

Missing a mortgage payment is serious, although it might not be catastrophic. When you consider how much the law values the welfare of children versus the welfare of the bank you might be paying a mortgage to, you will see that missing child support payments is like playing with fire.  Below is a rundown of… read more

Birdnesting Divorce: An Option For Co-Parenting

“Birdnesting” is a co-parenting arrangement in which the children remain in the family home post-divorce while their parents rotate in and out according to an agreed-upon schedule. The name comes from the way birds care for their young — the babies stay in the nest while the parents come and go. The following conditions are… read more

What Do Judges Look for in Child Custody Cases? 

When child custody is at issue, it can be incredibly stressful for everyone involved. Ideally, the parents can agree on a parenting plan that the court will approve. However, that isn’t always the case.  If you and the other parent can’t agree on custody issues, the court must decide. The court can only make custody… read more

Did My Wife File for Divorce? 

Sometimes, in a relationship, communication may break down so completely that one spouse files for divorce without telling the other. If you’re currently going through divorce proceedings, you can take some comfort in knowing you’re not alone. In 2022, the 45 U.S. states that reported this statistic reported a total of 673,989 divorces and annulments…. read more

Conditions That Would Nullify a Prenuptial Agreement in California 

A prenuptial agreement is a legal contract between two parties who intend to marry. The premarital agreement becomes effective when the parties are legally married. Generally, prenuptial agreements are difficult to break. However, several conditions could nullify a prenuptial agreement in California and make it unenforceable. Conditions that could result in a prenuptial agreement being… read more

Fighting for Full vs. Joint Custody in California 

When divorcing parents have a child, their divorce often involves a dispute over the custody of the child. Custody disputes can be emotionally charged if the parents do not agree on a custody arrangement. When one parent is seeking full custody of the child, the process can become especially contentious. Suppose you and your spouse… read more

Can a Mother Keep Their Child Away from the Father in California?

California Family Code §3010 states that a mother and father are equally entitled to the custody of their children. However, the issue is a lot more complicated than that. There may be situations where a mother can legally keep their child away from their father in California. Many factors can impact whether this is true… read more