Articles by category: Child Custody

Child Custody

Santa Barbara Paternity Testing- From a Santa Barbara Child Custody Law Perspective

By Marcus Morales on Jul 31, 2018 in Child Custody

If you do not believe a person is the biological father, you must request a paternity test as quickly as possible. We, as Santa Barbara Child Custody Lawyers, recommend you did it immediately, but definitely not later than two years after (1) signing the voluntary declaration of paternity (might be at hospital after the baby was born; or (2) two years after the father knew or should have known about a paternity issue.

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Santa Barbara Child Custody Law- PEACE Class Requirement in Santa Barbara

By Marcus Morales on Jul 30, 2018 in Child Custody

In a Santa Barbara Child Custody case, unless there is an emergency or good cause, you must attend the PEACE class and mediation prior to the judge making a custody order in your case.

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Can You Ask For Modification of Child Support If You Are In Contempt For Not Paying Child Support?

By Marcus Morales on Mar 13, 2018 in Child Custody , Articles, Child Support

There is some case that supports the position that if you are found guilty of contempt for failure to pay child support, you may not request the court modify that same child support order.

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Custody: Move Away Cases Santa Barbara

By Marcus Morales on Mar 13, 2018 in Child Custody , Articles, Child Support, Divorce, Legal Separation

The IRMO LaMusga court stated, “we conclude that just as a custodial parent does not have to establish that a planned move is “necessary,” neither does the noncustodial parent have to establish that a change of custody is “essential” to prevent detriment to the children from the planned move.

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New Bill In State Legislature Looks To Change Age Requirements For Children With A Custodial Preference

By Marcus Morales on Mar 13, 2018 in Child Custody , Articles

Currently, California Family Code Section 3042 states that if a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall permitted to do so, unless the court determines that doing so is not in the child’s best interest.

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Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Child Custody , Articles, Business Valuation, Child Support, Divorce, Legal Separation, Spousal Support

If your family law judgment does not have an interest on late payment clause, can you collect interest? “Part of a judgment of dissolution which awards money in lieu of an in-kind division of non-monetary community property is a money judgment on which interest accrues from the date of its entry.”

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In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Child Custody , Articles, Child Support, Divorce, Legal Separation, Spousal Support

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party.

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Tax Dependency Exemption in California Divorce

By Marcus Morales on Mar 01, 2018 in Child Custody , Articles, Child Support, Spousal Support

Who gets to the claim the tax dependency exemption in California during a divorce case? The parent with whom the child resided with for the longest period of time during the taxable year gets the exemption.

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