When parents have a dispute over custody of their children Family Code 3170 requires them to participate in child custody recommending counseling prior to a court hearing. The child custody recommending counseling (CCRC) occurs through Family Court Services (FCS). Family Court Services (FCS) serves an important function in the court process of custody disputes. FCS counselors meet with parents and ...
In certain narrow circumstances, one may be required to pay child support as a “putative parent” based on the equitable doctrine of “parentage by estoppel.” This doctrine has typically been invoked to hold a stepparent liable for child support even after the biological parent-stepparent marriage is dissolved. A parentage by estoppel determination requires the court to find all of the following: ...
Declarations of Disclosure are required in California prior to entry of a Judgment of Dissolution. These are very important documents that must be completed accurately and completely. If not completed accurately or completely the other party in the divorce action may be able to set part or all of the divorce judgment aside. The disclosure requirements also apply to legal separations and domestic ...
In California family law cases people often confuse legal separation and date of separation but these two topics are distinct legal concepts in family law proceedings. If you have an issue regarding either one of these in a California family law case it is important to speak with an attorney regarding the legal rights and options available to you. LEGAL SEPARATION A legal separation resolves all ...
California requires six months between the date that the Petition for Dissolution is filed and served upon the other party before the marital status can be dissolved. Completing a divorce in the minimum required time is rarely the case however as many issues in contested divorce cases can take anywhere from 11 months to several years to conclude. It is common for people going through this process ...
Reducing spousal support is a common issue faced in family law, especially after a judgment has been entered. There are many considerations and circumstances that can affect the reduction in spousal support, it is important to speak with an attorney regarding your specific circumstances. This article is designed to cover some of the general and basic ways that spousal support can be modified, ...
The Civil Discovery Act is applicable to family law matters. For many family law matters there can be a need to reopen discovery after there is a final judgment. This can be for a variety of reasons including but not limited to a modification of child or spousal support, or modification of child custody. Post-Judgment Actions in Family Law The California Code of Civil Procedure section 2024.020 ...
There are a variety of ways to seek to set aside a default judgment taken against you. You should consult with an attorney to determine the best option available to you. It is important not to delay in seeking relief as it can be grounds for denying a request to set aside a judgment. Grounds for Relief Under California Code of Procedure The grounds for set aside of a default judgment are ...
