It depends. Courts take into account several factors when dealing with criminal convictions of a parent. If your conviction is domestic violence then this raises the biggest red flag for courts. So we will start here when dealing with domestic violence and child custody. Domestic Violence A domestic violence conviction can prevent you from seeing…
Child custody in California is determined by what is in the best interest of the child. Judges don’t care what the father wants. Judges don’t care what the mother wants. They only care about the child and his or her upbringing in a stable environment. What not to Do in Court I can’t begin to…
Does the Mother Automatically Have Full Custody? No. You read that right. The mother doesn’t automatically get full custody or majority custody of the child. Courts today have evolved to take into account what’s in the best interest of the child. The only times where courts will lean heavily toward giving the mother majority custody…
When do courts in family law cases order counseling? Why do they do it and what do they hope to get out of it? If you look up California Family Code 3190, the court can order counseling when: The child custody dispute poses a substantial danger to the best interest of the child Cases involving…
Can you change your child’s last name without letting the father know about it? Whose last name will your child get? When your child is born, they can have whatever last name you want. It doesn’t matter if you want to have her keep the father’s last name. You can also have a hyphenated name….
This will come as a sudden surprise. A quick text or phone call by your co-parent. You see that they are filing for an ex parte for emergency court orders. She is claiming that your child told the police that you hit him. You know it’s not true. Your child has been manipulated to lie…
Family Code Section 2030 Family Code Section 2030 is a law that lets your ex pay for your attorney durig the divorce. The purpose of this law is fairness so that both spouses can be represented by an attorney. Just because you cannot afford an attorney doesn’t mean you should be left out and hung…
Ex Parte Custody Order An ex parte custody order is an emergency court order. It’s when one parent goes to court and only gives the other parent 24 hours notice that they are going to court. Someone typically wants an ex parte order to fix an emergency happening involving the child and they want that…
False Domestic Violence Charges Some domestic violence charges are often he-said/she-said cases involving no injuries, no witnesses, and no photographs. These cases can be defended against very well because they don’t meet the burden of proof of beyond a reasonable doubt. They are weak cases often filed by prosecutors to be fishing expeditions to get…
Family Code 3044 outlines the court’s power to not allow visitation to a parent who has been convicted of domestic violence. Rebuttable Presumption A presumption in basically an assumption that the court makes before hearing evidence. In simple terms, if you have a domestic violence conviction, the court is already going to assume that you…
