Attorney C. Chan, Esq. Affordable Family Law,Strategy-Driven, 4.7/5 Ratings! Free Consultation--

Friday, October 25, 2019

Can You Lose Custody Due to Bipolar,Drugs, Arrests, Domestic Violence, or Even Lies??

First... we should remember that there is both legal custody and physical custody. Many parents are concerned over physical custody as it is tied into child support; and many parents are concerned about legal custody, because shared legal custody is often given, unless one parent has shown he or she has issues in that area; CA law favors joint legal/physical if agreed upon, but the court has wide discretion for parenting and will consider the child or children's best interest.

Legal custody basically involves the health, welfare, education and safety issues involving raising of children. Attorney has seen many parents lose legal custody [prior to consulting attorney herein] due to very poor decisions made with kids (i.e. drunk driving, drug history, domestic violence, criminal actions, harming of kids, abandoning kids, etc.) As an example of "joint legal custody" in a form (by the CA Judicial Council, and used by all CA courts, see form FL341(E) online..)

 It is potentially possible that one parent can poison the relationship between a parent and child to extent that the Court might have to award the other child to the other parent to prevent the same parental alienation from happening?

Family Code 3042 goes over a child's preference of where to live (one parent or another) and generally,  gender, race, religion, sexual orientation or handicap supposedly are irrelevant to custody of children. If this was your partner being arrested, consider the difficulty at trial as to whether or not it would make a difference to your case?



So when your mediation results in a recommendation you do not like or want, did the mediator make informed decisions or did he or she ignore you and just listen to the other parent? It is very common to find out after the mediation that neither parent really understood what happened in the mediation itself. Not all mediators do the actual mediations exactly alike.

Attorney has found that many clients do not do well in mediation because they do not understand why they need to even go to mediation. Then they just blurt out anything they want to, may express high anger or no patience, and basically do not present well to the person that will decide their fate with the kids?

When considering whether one can lose custody to any of the named things listed in the title for this post, attorney has indeed seen parents lose custody for those things, in combination with many other things, most of which were negative. Negative things (smoking inside, falling asleep drunk, letting kids wander alone outside in front yard, giving kids alcohol or drugs, leaving kids alone home, allowing large animals with kids unsupervised, putting older kids in charge of younger kids while older kid is playing video games entire time, letting kids be truant, failing to take kids to doctor, ignoring kids' homework, etc.)

The reason that gender, race, religion and sexual orientation or handicap are not relevant to custody is because those items are already under Federal law protections, so it would be discriminatory. Note however, that if a parent was trying to get away with something by claiming it fell under one of those categories but in reality, it did NOT, that would be a different story.)

If you are facing mediation and need help, contact attorney.


Tuesday, October 22, 2019

SPOUSAL SUPPORT AND WHY YOU SHOULD READ THIS




CALIFORNIA SPOUSAL SUPPORT FACTORS

(This is from one of my other blogs, law is all online)

Many clients do not understand the rules re spousal support. Some believe they will never get anything, and some believe they are entitled to everything?!
When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all.  The Court (and you) should consider all of the following circumstances according to FC4320:

The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(2)


The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to the family


The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)


The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)


The needs of each party based on the standard of living established during the marriage FC4320(d)


The obligations and assets of each party, including separate property FC4320(e)


The duration of the marriage FC4320(f)


The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)


The parties' age and health FC4320(h)


Documented evidence of any domestic violence, including consideration of emotional disteess from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)


The immediate and specific tax consequences to each party FC4320(j)


The balance of the hardships to each party FC4320(k)


The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l


The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]


Any other factors that you determine are just and equitable FC4320(n)


Note: "any other factors" kind of leaves the door wide open if you ask me?!

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The Dad's Car !


The Mom's Car?
Related image

*Let's say this:  If  YOU   get a particular reaction just out of  looking at pictures 
of  two different  cars, 
imagine what could be done with court exhibits at trial??

Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise?  (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.

Attorney herein has strategy tactics, and uses them,  in order to obtain superior results. Provable at that!  Difficult fact patterns call for those who can think outside the box!

If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!

Thursday, October 17, 2019

How Long Does It Take to Succeed at Family Law Litigation?

Good question........what attorney has seen in the past, from being in both larger cities, and Federal Courts, is that Family law court is not like most court cases, where the focus is often on difficult civil law issues, litigation problems, and witnesses, or criminal courts, where it's all about the drama usually, or people taking pleas. So, the number of years might indicate knowledge of the law, but might not necessarily win your case, since Family law is one of the fields where things are not that concrete.

Family law is definitely not for many attorneys, as sometimes just the knowledge of family law court will make many attorneys RUN!!! Many attorneys are not suited for Jerry Springer soap opera type things, or for a lot of emotional and often agitated combative litigants.  Much of the fighting in hallways at the Sacramento downtown courthouse formerly, was not due to criminal cases, but rather, to Family law cases.

Much of the data that goes into family law cases will revolve around the claimed actions, or non actions of the parties. For example, shared legal and joint physical custody--there are laws on these subjects obviously, but the law alone is usually not going to make or break many cases. Judges are able to make huge decisions based upon their own personal application of what is or is not in the best interests of the "child" and sometimes, this can go horribly wrong, as most people know.

So then, how many years of litigating in this type of arena would end up being so helpful to clients?  The years of courtroom experience is one thing, but the types of cases seen can really make a difference. Endless routine child support hearings does very little to teach one knowledge about custody except to extent that it points out issues in how support is tied to visitation percentages. On the other hand, handling many contested custody cases can start to become boring, if there are no different facts involved.

The most interesting cases with unique issues will usually prove to be the best teaching experience; and after being in large cities with many cases, one will have seen plenty of differing scenarios. (Attorney herein has done family law, criminal law, bankruptcy, civil cases, animal law cases and federal court cases- mostly on constitutional law issues.)

If an attorney is only in the game to earn a buck, he or she might not really care what type of cases they have. Some will always be more interesting than others. However, an attorney that really wants to win a case for clients might prefer certain types of cases over others. Attorney herein personally is not into running child support cases and arguing over timeshare. It gets done, but it is just one of those tasks that goes with the territory. Going to DCSS hearings is like pulling teeth. Not interesting.


Becoming adept at Family law usually requires an attorney that can easily talk to people, and not talk down to them. Judging clients is also not a good trait, but being responsive to how the client feels is required, and that is where many attorneys may not really think too hard, because they don't need to, or have too many clients. Or, maybe the attorney is making so much income he or she doesn't really care? You wouldn't be the first one to notice it.