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Family Law litigation in California can be a daunting task.  I have created this blog to help self-represented litigants, and some lawyers,  navigate the treacherous waters of divorce law.  Please note that this blog does not create an attorney client relationship.  I am merely providing some practical pointers and thoughts on various issues.  I will also be addressing other areas of interest to me and my family.  

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California Statutory Criteria For Determination of Custody Disputes

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Family Code § 3022 provides the court with authority to make an order for the custody of a minor child that seems necessary and proper during the pendency of a proceeding or at any time thereafter.    California family law courts use Family Code § 3040 to establish the order of preference in granting custody in divorce actions.  The first section of this code section provides that “Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020.” Parties involved in a custody dispute would be wise to review Family Code §§ 3011 and 3020.  Since these two sections outline the criteria that California judges use to determine custody disputes, parties to such actions should address these factors in their declarations when providing testimony and argument.  Successful litigants spend time addressing facts that directly address these factors.  Spending too much time on facts that do not relate to the a
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         Paying too much in Spousal Support? Call us! Modification of a spousal support order is a matter for the exercise of the court’s discretion, based upon a showing of a change of circumstances since the last spousal support order.  In re Marriage of Meegan  (1992) 11 Cal. App. 4 th 156, 161;   In re Marriage of Stephenson (1995) 39 Cal. App. 4 th 71, 76-77. “In determining whether a change of circumstances has occurred, the trial court is required to reconsider the same standards and criteria set forth in . . . now Family Code section 4320 it considered in making the initial long-term order at the time of judgement and any subsequent modification order.”   Marriage of Stephenson (1995) 39 Cal. App. 4 th 71, 77. In other words, in considering a spousal support modification request - … given the predicate of a change of circumstances – the trial court looks at the various factors bearing on spousal support under section 4320.   In re marriage of
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CIVIL DISCOVERY ACT DOES APPLY TO FAMILY LAW CASES! Often, Family  Law  forget that they are  practicing  civil litigation.  Both statutory and case law have made it abundantly clear, the Civil Discovery Act fully applies to divorce and paternity actions.  Family  Law  attorneys often have no idea how to use the CCP.  You would be shocked to find some Family  Law  attorneys, who call  themselves  experts in the area,  don't even know what a Separate Statement is.  Good luck if you find yourself represented by someone like this.  That being said, lets talk about the formal discovery tools.  One such tool is the INTERROGATORY, AKA a question posed to a party.  Code of Civ. Proc . § 2030.220  provides as follows,  “(a) Each answer in a response to interrogatories shall be as  complete and  straightforwar d as the information reasonably available … (b)  If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (c) If the responding party
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