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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 fact...
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BEYOND GUIDELINE CHILD SUPPORT           For nearly 100 years, California courts have consistently maintained and fostered the  principle  that the duty of a parent does not end by providing mere necessities of life if he is able to afford more.  Bailey vs. Superior Court (1932) 215 Cal.548, 555. On countless occasions courts have explicitly established that the child has a  right “to be supported in a  style and condition that is consonant with the  position in society of its parents .”  Kyne vs. Kyne (1945) 70 Cal.App. 2d 80, 83.          The California  Family Code  provides specific code provisions in regards the   establishment of child support orders in the state by trial courts.  Said code sections demonstrate a very clear intent and objective of the legislature to ensure fair and  appropriate child support orders are rendered for children with parents from...
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CHILD CUSTODY - What constitutes a "Move Away"?              Some litigants, and judges, have a hard time with determining whether a move constitutes a "move away" in a family law proceeding.  We have found that often judges are reluctant to deem a relocation as what it often is, a "move away."  This often has a very serious, and negative, impact on the non-moving party.                Relocation out of state is not necessary for a relocation to be considered a move away. I n re Marriage of Burgess , (1996) 13 Cal. 4th 25, 28. The court in Burgess held that a mother's move from Tehachapi, CA to Lancaster, CA, approximately forty miles away, constituted a move away, requiring court determination that such a move would not "prejudice the rights or welfare of the children." Id.               Although the best interest standard applies to move-away requests de...
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