California Family Law Blog

San Jose Family Law Attorney how divorcing parent classes can benefit children in custody cases.

Children are often the collateral damage during the custody battles that rage within family law courts. So often parents are so caught up in the battle with their former spouse that they don’t realize the damage the negative comments and constant strife are doing to their children. That is where classes for divorcing parents can play a role to help lessen the stress level of the child.

Twenty seven states now require the class which teaches parents to continue to partner as parents after their marriage or relationship has ended. This process teaches them skills they can use to work together for the best interests of their child without bringing the negative baggage into the child’s world.

The approach the classes use varies greatly. Some use a lecture format. Others use a small group format, and Internet-based classes are a fast-growing option that can be used to fulfill court orders for parent education. The goal of the classes is to help the parents understand the emotions of a divorce while keeping the parental relationship separate from the adult relationship that is coming to an end.

There are a few common themes in the classes. First, children need both parents in their lives if possible. Second, children should be allowed to be children and not take on adult roles within the family. The classes have been successful across the country, and have benefitted countless families by teaching them how to get along when they are no longer living together.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

San Jose Family Law Attorney comments on the custody battle over Michael Jackson’s children.

If something were to happen to you, who would take care of your children? That is a question that many parents have had to face as they prepared their wills and estate plans. Not properly addressing this situation can create a family law nightmare for your children and their guardians.

After Michael Jackson’s death, a custody battle for his children has broken out between Debbie Rowe, Mr. Jackson’s ex-wife and mother of his two oldest children, and Katherine Jackson, Mr. Jackson’s mother. Ms. Rowe had previously relinquished her parental rights after their divorce in 1999, but had them reinstated after Mr. Jackson’s arrest on child molestation charges in 2003. The mother of his third child was a surrogate and her identity is unknown.

Ms. Rowe has a strong claim to custody of the oldest children. But California courts have to consider “the best interests of the child” in deciding custody cases. In this case, will it be more beneficial for all three children to remain together with their grandmother and their cousins? Or, should the older children be placed with a mother with whom they have had limited contact for some time? It is a sticky situation, and one that will probably be in litigation for some time.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues

Even celebrities with very unusual behavior gets the blues. Jackass star wife of Johnny Knoxville filed for divorce two years ago. They were officially divorced in March, 2008 in a bifurcated proceeding, reserving all financial matters for resolution at a later date. Just last week, Knoxville (real name: Philip John Clapp) settled with his ex-wife Melanie Clapp, agreeing to pay $6,000 monthly in child support for their 13-year-old daughter, Madison.The former couple split in July 2006 after 11 years of marriage. According to reports, the financial statement appears to be a fairly even split of marital property. Melanie was awarded half of their bank accounts and half of Knoxville’s residuals from the Jackass franchise and Dukes of Hazzard film, pursuant to the terms of their agreement. Knoxville retained his share of several production companies. The parties will share joint custody of Madison, their daughter.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses Divorce and Separation

Even though people are very emotionally taken under during a divorce, separation can also lead to a great deal of physical harm as well. It makes sense since when your psychology and emotions are affected, it will show in you physically as well. CTV news has an article regarding the effects of divorce on a person’s health. Researchers found that women in unhappy marriages are more likely to experience injurious effects to their health than men. Although both genders are likely to suffer from general depression resulting from a strained marriage, women more frequently suffer from signs of “metabolic syndrome”: including high blood pressure, obesity and other risk factors of heart disease, stroke and diabetes. In fact, men for the most part did not face an increased risk of metabolic syndrome at all. Involving 276 couples aged 40 to 70, the study entailed couples filling out several questionnaires, including three to examine positive aspects of marriage quality; three to measure negative aspects of marital quality involving arguments and feelings of hostility; and four to determine symptoms of mild depression.

It’s best to keep a cool head and realize that divorce happens to many people, but it’s all in the way you deal with it. The way you deal with things can mean health and happiness in looking forward to a new life, or stress that can hur you physically down the line.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays

Now that everyone and their dog (or their spouse) is on Facebook, MySpace and the various other social networking sites, individuals can easily keep track of friends, family and even ex-spouses. Its either the best thing to happen for divorcing families or the worst.

Couple of things to watch for on these sites if you are getting divorced:
1. Don’t brag about fancy new purchases, extravagant vacations or other indulgent luxuries. You don’t want your ex-spouse to find out about it and use it to claim you have more money than you say you do when it comes to child support or spousal support. Courts can and do use expenses as a guide in support calculations.
2. Delete all your crazy party girl or boy photos. This is especially true for people with children. First of all, your kids don’t need to know how much partying you are doing. Second, you don’t want that one fun time used to portray you as an alcoholic partier who cannot be trusted with the kids.
3. Don’t let your friends through you under the bus. Your ex may troll your friends pages for similarly disparaging photos.
4. Keep it calm: it’s ok to be stressed during a divorce, but keep the sh** talk to your self. Especially about the judge and your ex. You don’t want to show up in Family Law Court one day and have the opposing side hand the judge a copy of your Facebook wall wherein you describe the judge in negative terms. And if you have kids, definitely avoid the negative talk about the ex. Family courts are serious about the no disparagement clauses in custody agreements. That includes no disparagement on Facebook.

Everyone understands the value these sites provide. But as always, it’s a good idea to mind your ps and qs while using them, especially when you are under a microscope, which you frequently are in divorce or other family law action.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife
Bradley Whitford, known primarily for his role on The West Wing, is divorcing his wife of sixteen years, Jane Kaczmarek. The parties have three children together, and have professed to the media a desire for privacy so they can focus on their children.

The longtime couple lives in Los Angeles, and filed for dissolution in Los Angeles County. This means their dissolution will be controlled by California community property law. Possible issues include custody and visitation, support (child and spousal support) and property division.

Child support is likely going to be granted to the primary custodial parent, using California’s guideline support calculator. This calculator focuses on income and respective timeshare between the parents. Because the parties are both fairly high earners, the court may decide to deviate from guideline if that calculation results in an extraordinary amount of support.

Spousal support is less likely. Both parties are successful actors, with Ms. Kaczmarek currently starring in Raising the Bar, and Mr. Whitford engaging in theatrical and film pursuits of late.

There is no information as yet about the extent of the parties’ assets, or how they have been acquired. After a marriage of 16 years, it seems likely there will be substantial amounts of community property to divide up, unless the parties entered into a prenuptial agreement.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Francisco Divorce Attorney Discusses Different Visitation Schedules for Different Families

With all the discussion of Jon and Kate Gosselin’s separation and divorce, its property got a lot of people wondering, how on earth will they share those kids? From the news reports it appears the plan is for the parents to take turns in the house with the kids, which is an uncommon but not unheard of custody arrangement.

Many families with divorced, separated or never married parents have found a way to successfully share visitation time with the children. For some families, a traditional alternating weekend schedule works. Others include a weeknight or weekday visit, which sometimes is also an overnight. Still others try for an equal vistitation split of the children, alternating weeks – a schedule which works well when parents live nearby and can successfully co-parent the children. For younger children whose parents want an equal timeshare, a popular schedule is the 2-2-3. In that schedule, the parents each take two weekdays, and then alternate the weekends. So Mom may have Mondays and Tuesdays, Dad has Wednesdays and Thursdays, and then they alternate the weekends, so each parent has five consecutive days at a time.

For families where the parents don’t live nearby, parents typically have to be more creative and more flexible with visitation schedules. While some families can afford a monthly or twice monthly airplane ticket for one or more members of the family, many cannot. So some give all the school holidays and most of summer to the non-custodial parent. Others include visits in the children’s residence at any other times, to allow the non-custodial parent to visit as often as possible.

Parenting apart as a result of a divorce or separation is a challenge, but with cooperation, patience and flexibility, many parents are able to find a schedule that works for not only themselves, but their children. The goal of any visitation arrangement is for it to serve the best interests of the children. This may require concessions and cooperation from parents, but its ultimately results in the best outcome.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Family Law Attorney Discusses the What Happens to the Children When a Parent Dies

With the death of Michael Jackson, and a potential custody battle arising between Katherine Jackson, the mother of Michael and Debbie Rowe, Jackson’s second wife and the biological mother of Prince Michael, 12, and Paris, 11, much talk has arisen about what happens when a custodial parent dies.

Generally, if a custodial parent dies while the child is a minor, the surviving parent would be entitled to sole legal custody. Other third parties such as aunts, uncles or grandparents may try to obtain custody of the child by filing an independent proceeding such as a guardianship, dependency or in the case of grandparents, a Petition for Grandparent Visitation. The other family members may be awarded custody if they can show that it would not be in the child’s best interest to be in the custody of the surviving parent and to do so would be detrimental to the child.

The same would still be true even if the deceased parent had sole legal and sole physical custody and had not even been involved with the child in the last few years. For instance, if Michael Jackson was awarded sole legal and sole physical custody (which he had not), Debbie Rowe would still have parental rights, unless all of her legal parental rights and responsibilities had been terminated. Since no such order existed, that is why Debbie Rowe still has standing to try and obtain custody of Prince Michael and Paris.

If a custodial parent dies and the other parent who has been absent from the child’s life all of a sudden takes interest in the child, one may question the surviving parent’s motivation. It may be that there is some remorse and regret for being absent and a renewed desire to provide and care for the child. In other cases, if there is a possibility of the deceased parent leaving a sizeable estate, money and greed may be a motivation. Such motivation has been speculated in the case of Debbie Rowe.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children

Now that we are in the midst of summer and vacation plans are being made – visits to grandma’s house, trips to Disneyland, etc., many people who are in the early stages of a family law case should be aware of what their limitations may be and plan their vacations accordingly.
Often times when someone opens a family case – either a dissolution, custody and visitation or paternity case, they are usually unaware of what exactly the repercussions are of filing. In California, when a family law case is opened, a Summons is issued and a standard family law restraining order is issued. This is also referred to as the Automatic Temporary Restraining Order (ATRO). The Petitioner, party who filed the case, is automatically subject to the ATRO upon filing the case, and the Respondent is subject to the ATRO upon being personally served with the Summons.
The ATRO specifically prohibits both parties from “removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court.” This means that if you are a party to a family law case, you should not be planning on traveling outside of California without first getting permission from the other party or first requesting permission from the Court. For example, if Mom filed for divorce and was planning on taking the children to Washington to visit grandma, she better first ask Dad if its okay, or request permission from the Court.
Parents who are further into the court process should also take further caution. Generally when a court makes orders regarding custody and visitation, they may also make orders preventing both parties from traveling outside that particular county without the permission from the other party or the Court. This practice is common in most counties.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses How the Recession Changes Face of Divorce in California

As the economic downturn continues to damage housing values, force job losses and cuts in services, one thing that has not changed is that couples are still divorcing, child support is still being sought, and property is still being divided. What has changed is how those divorces are proceeding, in terms of financial awards and assets.

One of the largest assets in any divorce is typically the house. That asset used to have, particularly in California, equity which could be used to either buy the other party out or sold and divided equally between the parties. Frequently, we are now seeing that the houses not only have no equity, but that the parties owe substantially more than the house is worth, and often, the parties are behind on payments, or will be when the two-income household is no longer in existence. This poses a dilemma for family courts, parties and attorneys – how do we get divide a negative asset? Every couple has to decide for themselves, but options include a short sale, returning the property to the bank, or allowing the party who can make the mortgage to assume responsibility for the property.
Other issues being affected by the recession include child and spousal support. As one or both party loses their jobs, the need for support increases, but often the income that maintained the standard of living during marriage is no longer available to the parties. This lack of income can force families to make hard decisions about where to live, where to send children to school, and how to get buy on substantially less income.
The recession has also pummeled many people’s retirements, leaving many spouses wondering what happened to the financial nest egg. Fortunately, many 401(k) type accounts can be divided in kind, so that as the financial markets change and begin to recover, so too will the 401(k).

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Family Law Attorney Discusses Children and Divorce

Children have it hardest in a divorce. The kids think it's their fault or they are confused as to why their parents are angry and leaving each other. Therefore it is important to keep them isolated from the negativity that inevitably surrounds a divorce. Dr. Allan Schwartz gives us 5 mistakes that parents should avoid when dealing with their divorce below:

1. Do not use your child as a messenger between you and your ex spouse.

2. Do not use your children as your therapist.

3. Do not criticize your ex spouse to the children.

4. Avoid the "third degree" when the child returns from a visit with their father or mother.

5. Repair the damage you've already done.

Depending on the age of the children, violating these rules could have damaging results for the children. They can become angry at both parents for using them as pawns in their parents' divorce. Especially if the children are older and in their teens. Younger children may feel confused by their parents' interrogations. Many divorced parents reading these tips may recognize mistakes they've unintentionally made with their own kids. Is it ever too late to undo emotional fall-out from a nasty split? Dr Schwartz says no and advises parents to apologize to them because "saying you're sorry" goes a long way with your kids. Explain in detail exactly what you did wrong, and then commit to changing your behavior from that moment on." No two divorce situations are identical and many divorced people experience frustrated and angry feelings of hurt and betrayal. It is common for people to demonize their former spouse and attempt to propagandize the children into their way of thinking. However, this is a short sighted way of thinking that does not take into consideration the emotional well being of the child and future adult.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Family Law Attorney Discusses Child Support for 21 Children

Tennessee man has 21 children to support, and not from the same woman. The children ranger in age from 11 years to 11 months. How you ask, can a man possibly pay child support for 21 children? Apparently in, Tennessee, he can’t. Some of the mothers only receive about $2 in child support from him every month. $2! Clearly these mothers end up requiring state assistance in many cases with such a miniscule amount of child support being paid.

Most states calculate child support on the basis of income and timeshare. It no longer depends exclusively on income or requires one parent to pay a certain percentage regardless of timeshare. And, most states, Tennessee included, adjust child support based on the number of children to support. And all states require child support where the custodial parent is receiving public assistance.

This man does not live in California, but it seems as though there is a lot of similarity between the states. California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare. Typically, this formula results in a number which becomes the child support amount. Sometimes, courts will adjust the number either up or down to reflect additional expenses, or for some other reason.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Fremont Divorce Attorney Discusses Getting Divorced While Living Abroad

Divorce is stressful under even the best of circumstances, and it can be particularly difficult for those living abroad. Whether you reside in a foreign country due to military service, other business or simply to be in a place you prefer to live, it won't be easy to manage a divorce across international borders. One problem international couples face when seeking a divorce involves jurisdiction. It can be difficult for those living abroad to meet residency requirements courts demand for divorce proceedings. You may not be able to dissolve your marriage in court within the country where you reside. You also might not qualify to divorce in your spouse's country of residence.

Another issue faced by those living abroad involves the time and expense involved in travel. How many times will you need to appear in a court thousands of miles away? How will you manage the costs associated with airfare, time off from work and accommodations? Issues regarding time off can be particularly challenging for those in the military.The length of time it can take to dissolve a marriage is another source of stress international couples must face. It could take a year or more to legally divorce in many countries, including the United States. If you're eager to start your own business or remarry, this delay can be devastating. In all cases, it's inconvenient and stressful to have the process dragged out for months on end.

The ultimate reason international divorces are so difficult is because they rely on government legal systems to dictate how and when couples can legally end their marriages. Even if both spouses are in agreement about the divorce and even agree on child custody and economic issues, their ability to divorce is in the hands of courts and their governments' legal systems. The only ones truly working on their behalf are family law attorneys, and divorce lawyers are ultimately in the business of making money, not making things easier.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses Divorce and Custody

When getting a divorce, one of the most difficult questions is whether a parent wants joint custody or sole legal and physical custody of the child. Deciding on if joint custody is right for you depends a great deal on the ability of you and your spouse to get along. If you are to share decision-making, you must be able to sit down with your former spouse in a non-combative atmosphere and make decisions together. Shared values and parenting styles make this custody style more viable.
Here's what psychologists have found after long-term studies of families in joint-custody arrangements and sole-custody arrangements in an article from Pamela Weintraub and Terry Hillman:

Joint custody is a viable option only if the parents have an amicable relationship with each other, communicate well, and understand the nuances of their kids' day-to-day routines. Parents in this situation feel more involved in their children's lives than the noncustodial parent in the sole-custody arrangement. On the other hand, in a family where one parent says "black" and the other parent says "white," the children are better off with a sole-custody arrangement to reduce the possibility that their parents will fight over every decision that must be made on their behalf.
For parents not on friendly terms, joint legal custody (that is to say, joint decision-making) means more room for disagreement and continuation of conflict. These parents are more likely to return to court than parents who have one decision-maker (sole custody).
If you're able to communicate about the kids, are willing to live in close proximity to your ex, and have the time and resources to share "possession and access" (as they say in Texas) or "physical custody" (as it's more commonly called), then it can be a great thing for everyone. But generally, only children who tend to be easy-going by nature can adapt well to this kind of living arrangement. Children who do poorly with constant change, have difficulty adjusting to new situations, and seem to need a great deal of stability and security in their lives don't do well with joint physical custody.

In short, if you can agree to most of the following statements, joint custody could work for your family:

I will communicate openly with my ex-spouse regarding the children's needs and activities.

I can be flexible in working with my ex-spouse and put my children's needs first.

I will never bad-mouth my ex-spouse in front of my children. On the contrary, I will show nothing but respect for my children's other parent.

I will respect my ex-spouse's right to have his or her own house rules and not undermine them.

If communication doesn't work, then joint custody is not a good choice for your family.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Attorney Discusses Child Custody and Visitation

An article appeared in the Mercury News last week about a child custody case involving our office. The specifics of that case are not the subject of this blog, but some of the concepts involved in any custody and visitation dispute were at issue there, and are the subject of this post.

Custody and visitation cases always turn on what is in the best interests of the child or children. Best interests takes into consideration the health, safety and welfare of the children. Many times parents bring laundry lists of concerns to court that they claim affect the health, safety and welfare of the children. Many of these concerns are personality driven or involve different styles of parenting (playing indoor games versus outdoor activities, or feeding no junk food versus occasional junk food). However, there are hard cases where a parent is abusing a child, or abusing drugs or alcohol in the presence of the child, and it is those cases that test the family court system the most.

Courts and judges have only limited information in front of them. The attorneys only have the information from their clients and from the other side, not all of which is disinterested. Some of it may be misleading or untruthful. The family court system is imperfect, and tries to resolve disputes between parents on the basis of what little information it has. Ideally, parents would agree on the best custody and visitation arrangement for their children. When parents agree, it typically results in a better outcome for the children.

Sometimes a case is so bad that it ends up not in family court, but in juvenile dependency court. This happens when CPS becomes involved and removes the child or children from the home. These children then become wards of the state. Parents in dependency cases are closely monitored, and given reunification plans. These plans typically include counseling, parenting classes, visitation (supervised and unsupervised), and drug testing as needed. There are regular meetings with social workers and frequent court dates regarding the status of the case. This is very different from family court where parents are often ordered to take similar classes and other provisions, but there are fewer instances of monitoring. Its places the burden on parents to ensure compliance or to enforce non-compliance.

Custody cases are often emotionally charged and the most difficult cases to handle. There rarely is one right answer, a fact that frustrates many parents. Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses Actor/Singer Tyrese’s Divorce Woes Mount

Tyrese has been in the news a lot lately. The parties were married a mere 10 months, before filing for divorce. The parties had signed a pre-nuptial agreement limiting the terms of support and property division. Apparently, the wife recently filed seeking a modification not only of support, but also of custody and visitation, and attorney fees.

Tyrese has an annual income that undoubtedly puts him in the high earner bracket. California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare. Typically, this formula results in a number which becomes the child support amount. Sometimes, courts will adjust the number either up or down to reflect additional expenses, or for some other reason. The Court has to consider the lifestyle of a high earning parent, and order support in an amount to enable that child to share in his or her parent’s lifestyle. Recent reports indicate support in the range of $6,000 - $7,000/month was ordered.

Additionally, it appears that the wife is contesting the prenuptial agreement. The agreement allegedly has a provision in it that for every year of marriage, the wife would receive $50,000 lump sum. Unfortunately, since the marriage lasted a mere 10 months, the terms imply the wife will receive nothing. She is now claiming she was essentially coerced into signing the prenuptial agreement.

According to California law, a prenuptial agreement is considered involuntary unless the party against whom it is asserted was represented by independent counsel or expressly waived, in writing, such representation had at least 7 calendar days to review prior to signing; and there must have been full disclosure of all assets and obligation.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon’s wife cites irreconcilable differences. The long-term marriage was not preceded by a pre-nuptial agreement, so under California law all property acquired during marriage (except as a result of a gift, bequest or devise) is community property. That means that the millions of dollars earned from movies during the last 28 years, and the assets acquired with those funds are community property and subject to division in the dissolution.

Among the issues likely to be raised in the dissolution are distribution and division of property, spousal support, and attorney fees. Six of the parties’ seven children are past the age of majority, but since one remains a minor, the Gibsons will likely be addressing child custody, visitation and support issues in addition to those identified above. Rumors are circulating that the reason for the split is Mel’s infidelity with a Russian singer recently signed by his record label.

One possible issue may be the date of separation. Some sources say the parties formally separated some time ago, whereas others indicate the last straw was the new girlfriend. The petition filed by Robyn Gibson, apparently lists the date of separation as TBD, whereas Mel Gibson’s response indicates it as August of 2006, nearly 3 years ago. The date of separation matters because in California, a community property state, all income earned after the date of separation is that spouse’s separate property. All property acquired after that date is separate property (unless the source of funds for the property is community property funds).

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Family Law Attorney Discusses No-Fault Divorce

People get divorced for many different reasons. A prevalent reason is infidelity. Many people decide to get divorced because their wife or husband has cheated on them. Once the cheated on spouse finds out about the infidelity, divorce most likely ensues. I then becomes a battle between spouses and usually the cheated on spouse feels some sort of entitlement for punishing the cheating spouse by taking all the community assets. However, California has what is called a no-fault divorce. This means a married person may terminate the marriage even if the other person disagrees. California no-fault divorce acknowledges that both husband and wife have contributed in some way to the marriage's breakdown, so one party is no longer "punished" financially or otherwise for being solely to blame for the marriage's failure.

One advantage of California no-fault divorce is that parties don't have to waste time and money to prove grounds. It reduces the need to litigate for about grounds and allows couples to move on to important issues, such as custody, child support, maintenance and distribution of marital assets. Fault does not enter into settling property division or support. California is a community property state, which means that all assets and liabilities the parties earn or acquire during the marriage are presumed to be shared and must be divided equally unless the parties agree otherwise. So, rather than looking for which party has the biggest list of complaints against the other, the California Family Courts now try to create an equitable agreement based on what each spouse will need to be financially independent and off public assistance.

So, rather than looking for which party has the biggest list of complaints against the other, the California Family Courts now try to create an equitable agreement based on what each spouse will need to be financially independent and off public assistance.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses - Countess Seeks over $100K Monthly Spousal Support!

The web is abuzz with the story of the Swedish countess who was married to an American investment banker and is now seeking to set aside their post-nuptial agreement that would have awarded her $43 million as a settlement following their brief marriage from 2002-2005.

The case of the Swedish countess brings up interesting questions about spousal support for family law attorneys, judges and litigants. After all, who really needs over $100,000 a month in spousal support? The lovely countess and her soon to be ex husband are litigating in Connecticut, but were they in California, the rules would as follows.

Temporary spousal support is set based on the needs of the parties and the ability to pay. It is usually a result of a computer based formula calculation, although judges have discretion to deviate from the formula amount as needed. This amount is subject to modification if one party loses or gains a job, or income source, or if their needs change dramatically.

Permanent spousal support, on the other hand, is actually driven by the Family Code and requires consideration of multiple factors. California Family Code § 4320 factors include: the earning capacity of the parties and the marital standard of living, the relative employability of each party; domestic violence, assets and obligations of the parties, age and health of the parties, tax consequences, and the duration of marriage. Other factors are also considered.

So while the countess’s request for $130,000 a month in spousal support may seem extreme to some readers, what if she and her husband routinely spent $250,000 or $300,000 a month on their basic living expenses: housing, food, etc. While not a typical marital standard of living, that would, in fact, be the standard these parties were accustomed to during marriage, and would make her request seem somewhat more reasonable.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses Toronto Raptors Player In Child Support Dispute

Chris Bosh, the power forward for the Toronto Raptors, is the subject of a complaint filed in the state of Maryland by an ex-girlfriend seeking child support for their four month old daughter. Mr. Bosh, through representatives, has claimed to already be financially supporting the child, and to have filed a suit in Texas prior to the child’s birth to ensure child support (and custody). The parties are likely to be engaging in a jurisdictional suit as well as a substantive one about support itself.

Why, you ask, does it matter what state support is established in? Every state has slightly different laws regarding the calculation of child support, and in this case, some states are more generous than others, especially where one parent is an exceptionally high earner such as Mr. Bosh likely is. Apparently Texas has a rule of thumb that support is usually up to and no more than $1,500 in support unless a judge decides a specific child has needs that warrant a larger amount. This is different from California, for example, where child support is calculated from a formula using income and timeshare, and leaves very little to the discretion of judges.

Sometimes, in cases of professional athletes or other high-earners, the court in California will deviate from the computer formula, known as “guideline”, because the amount may be excessive. Other times, however, the court will go with the guideline formula because under California law, children are entitled to live in the same standard of living as their parents, whenever possible. A professional athlete such as Mr. Bosh likely earns in excess of $1 million dollars annually, and probably lives a lifestyle similar to what is expected of someone with that earning potential. The child, under California law, would be entitled to share in the lifestyle of that parent.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com