This guide should be used at the start of a case. In fact, we try to make it a practice to start our mandatory settlement conference briefs, which may need to be converted to trial briefs, on day one of a divorce or paternity case. Next, for every day of trial expect at least 2-3 days of preparation time. If your trial is set for four days, expect at least 12 full days of preparation time. Why? Discovery must be propounded such as subpoenas, demand for production of documents and special interrogatories to secure documents needed to prove your matter at trial.

Are you a parent in the midst of a child custody dispute? If so, you may be wondering what grounds can be used to support your case for full custody of your children. It is essential to understand the legal standards and various factors that come into play when the court is determining what type of custody arrangement is in the best interest of the child or children involved. In this blog post, we will provide an overview of the grounds for full custody and what a parent needs to know.

In California, Family Code Section 3044 creates a presumption that it is not in the best interests of the child for a parent who has committed domestic violence to have sole or joint legal or physical custody of the child. This means that if a parent has been found to have committed domestic violence against the other parent or against the child, the court will start with the assumption that the parent who committed the violence should not have custody of the child.

Family law in California is a complex and often overwhelming area of the law. It covers a wide range of issues, from divorce and child custody to adoption and spousal support. With so much to consider, it can be difficult to know where to begin. In this blog post, we will discuss everything you need to know about family law in California so that you can make the best decisions for your particular situation. We'll cover topics such as filing for divorce, establishing child custody, the court process, and more. By the end of this post, you should have a clear understanding of how family law works in California.

When it comes to family law issues, it is always best to seek the advice of an experienced family law attorney. The attorneys at Ashley A. Andrews, APC have a combined 30 years of experience with a Certified Family Law Specialist on staff and an in-house forensic accountant.

If you as a self-representing litigant or represented and your attorney or the other side set your family law matter for a Trial Readiness Conference, Status Conference, Mandatory Settlement Conference or Trial Setting Conference, the logical next question is "what is next?" Here is a road map in Los Angeles County because the answer to this question is every lawyer's favorite: "it depends," and the answer really does.

Potential family law clients in California will invariably recite during the initial consultation that they were told by a friend, neighbor, estate planning attorney…etc. that they cannot move out of the family home before or during their divorce or paternity case. The reasons given are a range of their ownership interest in the house will be forfeited (not true, not California law), they will be viewed as abandoning their house and face legal consequences (not true, not California Law), they will be viewed as abandoning their family and lose parenting time if child custody is an issue (not true, not California Law).The truth is, you can and probably should leave the family home in most situations.

In Smith v. LoanMe, Inc. (2019) Super.Ct.No.RIC1612501, I am not impressed with the facts of the case; but, I am impressed with the reasoning and the conclusion. Jeremiah Smith filed a class action complaint against LoanMe, Inc. (LoanMe), alleging that LoanMe violated the California Invasion of Privacy Act (Privacy Act). Specifically, California Penal Code section 630, et seq. Smith alleged that LoanMe violated California Penal Code section 632.7 by recording a phone call with Smith without his consent while he was using a cordless telephone, and he claimed that a “beep tone” at the beginning of the call did not constitute sufficient notice that LoanMe was recording the call. (Id. at p.1)

I present In re Marriage of Rosen (2002) 130 Cal.App.4th 808. In this gem of a case, we get a nice understanding of the significance of the goodwill value in business valuations.

So often I tell people what area of law I practice, and I am met with rolled eyes, groans or comments such as family law is “just forms.” In my opinion, family law is the most difficult area of law to practice because it encompasses all areas; and, it is certainly more than “just forms.” Here is an example of a case illustrating family law’s complexity and highlighting our right to freedom of speech.

I had the good fortune, and open mind, to stumble across a book published in 1991 and entitled American Bar Association Section of Family Law Ultimate Trial Notebook I. This book is truly an oldie and a goodie. Robert B. Moriarty, Esq., a family law attorney in New York at the time of publishing of this book, contributed an article entitled “The Family Law Negotiator: Successful Divorce and Family Law Settlements.” I had to tap the intellectual archives of second grade to remember how to cite to a source other than a case or statute, but, in an effort to avoid plagiarizing, I think I covered myself.

Bitter custody battles and malicious, atrocious and unfounded accusations are common in child custody cases. Declarations are written with spite, malice and outright disregard for the sanctity of preserving and protecting a normal childhood all in an attempt to punish the other parent for wrongs real and imagined. The only people punished by such behavior are the children. But these battles and accusations all set forth in declarations and made a part of the public record are not without consequence beyond what one would normally expect. Parents should take heed before embarking on such a path.

Not surprisingly, my favorite court has released an outstanding video giving parents in family law matters tools they can use to reduce their conflict and optimize child-focused resolution to their child custody disputes. Here are some reasons why I like this video and some issues addressed that I think are important.

A few years ago, I was appearing before a local family law judge. After this judge called his calendar, he then shared with the attorneys, their clients and everyone else in the court room some recent updates in the law. He also shared that he spent the weekend on his hands and knees in his chambers with post it notes, pens and a large calendar putting together a parenting plan for three parents and their children.

Family law includes nearly every area of law; however, the purpose of this blog post is to explore some estate planning considerations in the context of a divorce. This post is limited to estate plans drafted in California and divorces taking place in California, as each state may have different laws.