California Family Law Blog

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

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Posted In: Child Custody & Visitation , Child Support , Division of Property , Divorce , Family Law , Family Law Issues

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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

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Posted In: Child Custody & Visitation , Child Support , Divorce

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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

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Posted In: Child Custody & Visitation , Divorce , Santa Clara County Family Law Issues

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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

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Posted In: Child Custody & Visitation , Child Support , Divorce

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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

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Posted In: Child Custody & Visitation , Family Law , Santa Clara County Family Law Issues

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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

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Posted In: Child Custody & Visitation , Child Support , Division of Property , Divorce

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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

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Posted In: Child Custody & Visitation , Child Support , Division of Property , Divorce , Family Law , Spousal Support & Alimony

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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

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Posted In: Child Custody & Visitation , Child Support , Divorce , Family Law , Family Law Issues

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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

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Posted In: Child Custody & Visitation , Child Support , Divorce , Family Law , Spousal Support & Alimony

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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

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Posted In: Child Custody & Visitation , Child Support , Division of Property , Divorce , Family Law

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Fremont Divorce Attorney Discusses Tax Time and Family Law

It’s tax season again, and for families involved in the family law court system, one of the issues is nearly always who is going to claim the child on their taxes, better known as the dependency exemption. This is a separate issue from the filing status, where one parent files as Head of Household.

Normally, the parent with physical custody of a child for the greater portion of a tax year is entitled to claim the child as a dependent for tax purposes. However, the non-custodial parent may claim the child if the custodial parent agrees and signs a declaration (an IRS form) releasing the exemption to the non-custodial parent. The non-custodial parent must include this form with his taxes.

Many custodial parents release the exemption to the other parent, either in alternating years, or permanently for tax reasons which can lead to increased child support. If parents have joint physical custody of a child, and alternate claiming the child, it is best to have it clearly laid out in a written agreement which parent claims the child in which year (Mom gets even years, Dad gets odd years).

California law generally is similar to federal law in regards to how children are claimed as exemptions. There is one significant exception, and that is California has a joint head of household credit for parents with joint physical custody arrangements. Under federal law, the head of household status is only available to the parent with the child for the majority of physical time, and the status cannot be released to the other parent. It is a fact based determined, not a legal one which can be exchanged.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

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Posted In: Child Custody & Visitation , Child Support , Division of Property , Divorce

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San Jose Divorce Lawyer Discusses Hague Convention’s Custody Provisions in News Lately

The United States is one of 68 nations that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. It provides a mechanism for the expeditious return of child wrongly taken from one member state to another. The primary purpose of the Convention is to ensure the status quo custody arrangement existing immediately prior to the alleged wrongful removal or retention thereby discouraging a parent from crossing international boundaries in search of a more sympathetic court.

California has enacted a statute specifically to deal with the issues raised under the Convention and possible child abduction. California Family Code Section 3048 requires the court to identify the basis for the court’s exercise of jurisdiction and the identification of the country of habitual residence. In cases where there is a risk of abduction, the court may, among other options, order supervised visitation, posting of a bond, restricting the right of a parent to leave the county, state or country; and/or restricting the right of the custodial parent to relocate unless he/she provides advance notice of and written approval of the move from the non-custodial parent or a court order. In determining whether there is a risk of abduction, the court must assess whether: (1) a party has previously taken, enticed away, kept, withheld, or concealed a child in violation of the right of custody or of visitation of a person; (2) a party has previously threatened to take, keep, or conceal a child in violation of the right of custody or of visitation of a person (3) a party lacks strong ties to this state (4) a party has strong familial, emotional, or cultural ties to another state or country, including foreign citizenship. This factor shall be considered only if evidence exists in support of another factor specified in this section; (5) a party has no financial reason to stay in this state, including whether the party is unemployed, is able to work anywhere, or is financially independent, (6) Whether a party has engaged in planning activities that would facilitate the removal of a child from the state, with consideration given to whether a party is carrying out a safety plan to flee from domestic violence (7) a party has a history of a lack of parental cooperation or child abuse, or there is substantiated evidence that a party has perpetrated domestic violence, or a criminal record.

The Convention provides that the court in which a Hague Convention action is filed should not consider the merits of any underlying child custody dispute, but should determine only that country in which those issues should be heard. Return of the child is to the member nation rather than specifically to the left behind parent.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

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Posted In: Child Custody & Visitation , Child Support , Divorce

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