Frank J. Prainito

Posts Tagged ‘Child Custody’

Travis Krepelka Talk – Divorce: Custody & Visitation Rights pt2

Posted on: March 24th, 2017 by admin

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP continues his previous topic of “Divorce: Custody & Visitation Rights.

Seeking Child Custody in California When You Are Not Married

Posted on: March 17th, 2017 by admin

Generally speaking, California law gives a legal presumption that a husband and wife are the parents of a child born into that marriage. California Family Code Section 7540 reads in part as:

“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”

When a child is born to unwed parents, however, the child does not have a legal father until parentage, sometimes called paternity, is legally established. This effectively means the unwed mother’s custody rights are a given and unwed fathers have neither rights nor responsibilities to their children until their parentage is established. (more…)

What is a Marriage Settlement Agreement?

Posted on: February 3rd, 2017 by admin

A marriage settlement agreement is a written agreement between divorcing couples detailing their mutual agreement on the terms of their divorce.

The vast majority of divorces are able to be settled without a trial, and most courts will encourage, possibly even order the couple to attempt an agreement through such means as negotiation or mediation. Once reached, the agreement can then be reviewed by the court for fairness and either merged with or incorporated into the divorce decree. (more…)

Change In Circumstances To Modify Child Custody Orders

Posted on: January 9th, 2017 by admin

When seeking to modify child custody orders, the parent requesting the change must first prove to the court that a significant change in circumstances has occurred since the last order was issued. This is often a high hurdle to pass, as it requires a showing, that it is not just a good idea to change the order, but rather, that it is in the best interests of the childthat the order is changed.  This may be especially true if the current order is a recent one.

While Judges have wide discretion in determining what constitutes a significant enough change, it will likely not be enough for the parent seeking the change simply to show that they are doing better, perhaps because of a new job, or purchasing a larger home.  Parents usually must show something has materially changed that is directly affecting the child in a negative manner, or that it certainly will in the future. (more…)

Testimonial by: Amanda N.

Posted on: November 17th, 2016 by admin

“I was referred to Hoover Krepelka by a friend, and I’m glad I chose this firm. Travis is extremely knowledgeable, straightforward, and honest, even if you don’t want to hear it. He’s not going to waste your time, and money, trying out strategies that aren’t going to work. They handled my case well and got me the outcome I wanted in the end. As a team, Travis and Kara did everything right! You can’t go wrong with this team!”

— Amanda N.

Legalization Of Marijuana: Will it affect child custody cases, and how?

Posted on: November 9th, 2016 by admin

California voters recently approved Proposition 64, legalizing the recreational use of marijuana. Regardless of one’s stance: separated mothers and fathers in a custody dispute, do not pick up the pipe just yet, and claim legalization as a defense.

Indeed, it is “the public policy of this state to assure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interest of children. . .” Family Code Section 3020(a). A major factor affecting the best interest of children is whether there is substance abuse, illegal or otherwise. Family Code Section 3011(d). This includes marijuana. (more…)

Family Law Mediation In California

Posted on: October 15th, 2016 by admin

Family law mediation plays a significant role in courts all across California. When spouses decide that filing for divorce is the best option for them, mediation may play a role in the outcome of the divorce. If the couple cannot agree on material issues in the settlement of the divorce they may attend mediation in an attempt to resolve the disagreements. When parents, whether married or not, cannot come to an out of court agreement regarding the custody of their mutual children, family law mediation will be ordered by the court. (more…)

What Is A Move Away Order?

Posted on: September 23rd, 2016 by admin

A move away order is a court order that allows a custodial parent to move out of county or out of state with a child or children subject to a custody order of the court. Generally, when there is a custody order and the parents have shared custody, the parents are ordered to remain in the same state and sometimes the same county where the order was made. (more…)

Ex Parte Family Law Hearings

Posted on: June 29th, 2016 by admin

 

In California, there are times in custody matters where the parties cannot wait for a regularly calendared court date for an issue to be resolved. The facts and circumstances surrounding the disputed issue must be a true emergency. There are many circumstances that may warrant an ex parte hearing.

Family dynamics differ across the state. After parents split up and go their separate ways, each start rebuilding their lives. Sometimes one party may encounter life issues that affect the children, especially when the parties have shared custody. There are circumstances where one party may lose their home and have nowhere to go. This becomes problematic when that party does not want to agree to other temporary custody arrangements. It may then be necessary to file for an ex parte hearing.

If you are involved in a child custody matter in California and there are emergency circumstances where you need a temporary order it is not only in your best interests but in your child or children’s best interests to contact a family law attorney. Speaking with a lawyer that has experience in ex parte matters will give you a better idea of what your options are and how to go about resolving the issue or issues you are facing.

Hoover Krepelka is a family law law firm located in the San Jose, California area. Our certified family law specialists have years of experience handling ex parte matters. Contact us today to see how we can help you.

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