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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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         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 spousa...
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