Factors Considered in Determining “Best Interest of Child” in Custody Proceedings

Many believe that physical custody will normally default to the mother or that once a child reaches a certain age, their choice will prevail over most other reasons.
Among other factors it finds relevant, California Family Code §3011 considers all of the following: the health, safety and welfare of the child, any history of abuse by a person seeking custody against certain persons, the nature and extent of contact with both parents, and the habitual illegal use of controlled substances or alcohol.
The meaning of the first factor “health, safety and welfare” is broad. Reams of paper are filed each day at […]

By |Custody & Visitation, Divorce|
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IS YOUR LIVING TRUST VALID?

Just because you prepared a living trust to keep your loved ones out of probate court, doesn’t guarantee they will stay out of court.
Remember that even though you have the right to distribute your assets anyway you choose, gifting your assets unevenly or disinheriting a family member could invite a legal contest, unless you take extra precaution to stamp out any potential fires before they start.
Your living trust (or will) can be questioned not only by angry family members but also by those who legitimately question the circumstances surrounding the creation and signing of your documents.
Although property is easily transferred […]

By |Death & Property, Estate Planning, Living Trusts|
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YOUR SPOUSE ISN’T YOUR “EX” UNLESS THE JUDGE SAYS SO

Today we received an inquiry from someone who wanted help probating her father’s estate. She said that his “ex-wife” had released her interest in the home several years ago before she disappeared, and by the way, although a divorce was filed, it had never been completed. It was apparent that she believed that the “ex” wasn’t entitled to anything. We told her to go see an attorney.
Unless you have a divorce judgment terminating your marriage, you’re still married. Generally, a living spouse can inherit from a deceased spouse’s estate even if they’ve been legally separated for a long time. Even […]

By |Divorce|
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It’s Called The Grey Divorce

The first years of my business saw very few dissolutions of long terms marriages (over 10 years in length). I had a few couples who quietly dissolved their marriages for no other reason than an illness was bankrupting them and they couldn’t afford the costs of their health care. A divorce would allow the sick spouse to qualify for Medi-Cal and get the treatment they needed without total financial ruin. These people were ashamed and had no plans of telling their children what they were doing. In their hearts, they were still married.
About 10 years ago, I began to see […]

By |Divorce|
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Grandparents Have Rights, Right?

The current rate of divorce, the escalating rate of domestic violence, alcoholism and substance abuse in our society has done much to diminish the traditional family. Not only does the timeshare with the minor children become a major point of contention between the parents, but it can be for grandparents as well. Without proactive measures, they can easily become alienated from their grandchildren after other circumstances also, such as the death of a parent. But grandparents have rights too, right?
Yes and No. In 2001 a California Court of Appeals ruled the California statute providing grandparent visitation unconstitutional. But sometimes grandparents […]

By |Custody & Visitation|
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