California Family Law Blog

Moveaway cases are the most difficult kind of custody and visitation case for the court to decide. They need to decide if it is in the best interst of the child to move from one place where one parent resides, to another place where both parents will not have access to the children regularly. Recently the appellate court held that the lower court's failure to follow procedures governing family law matters deprived a parent of opportunity to be meaningfully heard.

Continue reading " Moveaway Matters in Custody Cases need to be handled Carefully " »

Our office represents clients with many different issues in regards to divorce, child custody and visitation, and spousal and child support. Recently, the court ruled on a case that pertains to an issue that occurs after a judgment for divorce has been entered. The Second District Court of Appeals recently held that the presumption of undue influence arising from interspousal trasaction in which one spouse obtains an unfair advantage over the other does not apply to a postmarital agreement in which (1) both spouses obtain advantages, both are represented by independent, comptetnent counsel, (3) the "disadvantaged" spouse is offer full access to other spouse's business records relating to marital assets, and (4) both spouses acknowledge in their agreement that netiher has obtained an unfair advantage.

Continue reading " Presumption of Undue Influence Does Not Arise Unless Spouse Obtains Unfair Advantage " »