Linked In Facebook RSS
Family Law Group, LLP
Call Today925-344-3524
Main Nav

Bay Area Family Law Blog

Will antidepressants cause you to lose a custody case?

When going through a child custody case in California, the court will carefully examine both parents to see if their lifestyles, living situations, financial means and other factors can provide a safe and comfortable place for a child. As a result, some people think that revealing that they are on antidepressants will be looked at in a negative light, causing them to lose the case. Is this actually true?

According to some experts, not only is this untrue, but it can be completely the opposite. Showing that you are on the medication demonstrates that you are responsible and willing to do what it takes to maintain good health—something that the court will assume translates to how you care for your child.

Your spouse cannot deny your request for a divorce

What are you supposed to do if you want to get a divorce and your spouse decides that he or she isn't going to let you do it?

You may be surprised by how often this question is asked. People are sometimes unsure if they can move forward with their divorces on their own or if they need to do it with their spouses. After all, both people had to say "I do" during the wedding, so do both people need to change their minds to break it off?

Getting your financial house in order

If your marriage is failing in California and you know it's not going to end with anything less than a divorce, it's time for you to get your financial house in order. This is a crucial part of the process, and it can impact a lot of the legal decisions that are made.

First and foremost, you may want to split up your accounts. This way, you and your spouse start putting your own money into your own accounts, protecting it and meaning there is less to split up.

Can a bipolar parent win a custody battle?

According to one advocacy group for those living with mental illness, a third of kids with a mother or father diagnosed with a serious mental illness like Bipolar Disorder are raised by someone other than that parent.

One reason for this is that the courts view mental illness as severe handicaps to effective parenting. Instead of taking the more enlightened view that mental illness can be successfully treated and managed with therapy and drugs, courts tend to err on the side of caution and rule against placing a child with his or her afflicted parent.

Legal dispute over frozen embryos highlights unique divorce case

A California case involving frozen embryos has sparked a debate on child custody issues long after a divorce. According to news sources, a San Francisco, California, judge is prepared to issue a verdict in a follow-on divorce dispute that emerged after the couple's divorce was finalized in April.

At issue, are five frozen embryos that the ex-spouses decided to have frozen after doctors discovered breast cancer in the wife just days before the couple married. At that time in 2010, the couple decided that freezing the embryos might preserve the wife's only chance of naturally conceiving a child. The mother of those embryos now says that she was unaware that the document was legally binding. According to the mother, both her and her then husband considered the documents as merely routine consent forms.

How criminal charges could affect your child custody case

Divorces that also include children inherently give rise to important decisions that need to be decided prior to the final divorce decree. Paramount on that list of concerns is the issue of child custody. In a previous article on our website blog, we discussed how most family law courts in Alameda County will require both parents to attend Child Custody Recommending Counseling Services. These are provided free of charge to both parties, and they are designed primarily to assist parents in working out the specifics of their child custody and visitation rights.

You need to know that the Family Court Services of California recommends that parents seek guidance from their attorneys and obtain the support of any therapists or family members prior to attending the CCR meetings. For couples where at least one spouse has criminal charges, meeting with an attorney prior to these visits can be very important.

Understanding child support and extracurricular actitivities

Normally, California requires both spouses to pay equal shares in support of their child's extracurricular activities. That being said, a court will sometimes consider a different apportionment of those financial obligations if circumstances indicate that it might be more appropriate to require a greater child support obligation from one party. This does not necessarily mean that a court will grant additional child support in each case, but it does illustrate how some requests to modify existing child support orders might be presented.

Under section 4062, the California Family Code generally recognizes that additional child support can be added under certain circumstances. Things that might reasonably be necessary for a child's education or training for employment skills are included on that list. Also included are costs related to a child's educational or other special needs. Perhaps most importantly, section 4062 allows each spouse to present documentation that might demonstrate how it might be more appropriate to require the other spouse to pay a greater percentage for extracurricular activities.

Celebrity divorce offers lesson in prenuptial agreements

In early July, the famed Hollywood couple of Ben Affleck and Jennifer Garner announced that the pair would be splitting up and ending their marriage of 10 years. Most striking, is the couple's decision to wait until they had been married for precisely 10 years and one day before filing divorce papers. For the last several months tabloid media outlets have been reporting about the couple separation. Many speculated that Garner, 43, had initiated the separation from Affleck, 42, due to his penchant for gambling.

According to one California family law expert, the decision of when to file for divorce may not have been a coincidence. Under California law, a couple who has been married together for at least 10 years is presumed to be in a long-term marriage. This status can have significant repercussions with regards to alimony, also known as spousal support. Generally, the spouse earning the lesser amount of money in a long-term marriage can ask a court for more spousal support over a longer period of time than their counterparts that have only been married for a few years.

When is a guardianship in a child’s best interests?

In a perfect world, both parents of every child would have the capacity to look after their children's needs and see to their proper development. Unfortunately, we live in a society where overseas military service, incarceration, substance abuse, mental illness and other factors may deprive children of having meaningful and beneficial relationships with their parents.

Thankfully, California courts currently recognize two different types of custody arrangements for non-parents. Basically, a court can order a person who is not the child's parent to step in place of unavailable or incapacitated parents and make decisions on behalf of the children's best interests.

Super Lawyers Super Lawyers- Rising Stars State Bar of California, California board of legal specialization Distinguished AV- Peer review rated for ethical standard and legal ability Lexis Nexis Martindale Hubbell recognized member

1840 4th Street, Suite 200, Livermore, CA 94550 Map & Directions 

1990 N. California Blvd., Suite 600, Walnut Creek, CA 94596 Map & Directions 

Phone: 925-447-3322 Fax: 925-447-0272