On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Custody & Visitation on Friday, May 18, 2012
As many in California are aware, child custody issues can be contentious in a divorce and after. In most cases, both parents want what they believe to be in the best interest of their children. However, in some child custody matters, the parties just don't seem to be able to agree on what is best for the children and sometimes one or both act solely out of self-interest.
In many child custody agreements in California there is language regarding potential relocation. This often comes up when one parent gets a job opportunity in another state, but there are usually restrictions on the relocation of a child absent an agreement between the parties. Absent such an agreement, court approval is normally required to go outside the terms of a child custody agreement. When those restrictions are violated and a child is relocated, there can be consequences for the custodial parent.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Divorce on Thursday, May 10, 2012
Spy gadgets used to be only for the private investigators in the movies. Now, however, cameras mounted in eyeglasses, miniature-recording devices and other types of spying tools are commonplace, readily available to the average consumer. In divorce proceedings, some in California and elsewhere are using the devices to find out what their soon-to-be ex-spouse is up to.
Reports indicate that an increasing number of suspicious spouses are using miniature technological devices to listen in on the activities of their marital partner. In one case, a man reported that his ex-wife had sewn a recording device into his son's blue jeans. The device was apparently intended to hear conversations that took place in front of the child. A lawsuit has since been filed against the mother.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Divorce on Friday, May 4, 2012
Sometimes the divorce process in California can take many months or even years to complete. In cases where there are significant assets to be divided, the time can be delayed as the divorcing spouses try to come up with an agreement. In cases where no agreement can be reached, there may be court involvement through litigation or in the final divorce settlement.
When one of the spouses going through a divorce is a celebrity, the assets are often substantial. This is the case in the recently reported divorce of "Dog Whisperer" Cesar Milan and his wife. The couple was reportedly married for 18 years. According to sources, the couple filed for divorce in 2010. However, it was not until recently that this divorce became final, showing just how complex high-asset divorces can be.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Custody & Visitation on Friday, April 27, 2012
On April 16, the chief justice of the California Supreme Court cautioned that the state's budget cuts are putting pressure on its court system. She warned that yet another round of potential budget cuts threatens to result in the closure of more courtrooms. If true, this may inhibit the ability of the state's residents to rely on the judicial system to preside over child custody proceedings and other family law matters.
One of the cases affected involved a Sacramento man whose child was taken out of state by the mother. Because of the budget cuts, though, his case has been postponed. Along with the chief justice, state legislators and leaders of the California and American Bar Associations appealed to the legislature to restore reasonable funding to the court system. The president of the California Bar Association labeled the court budget reductions extreme and remarked that such budget reductions have so hindered the court's capability to work for California citizens that the rule of law might be in jeopardy.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Divorce on Friday, April 20, 2012
Understandably, it helps to have an emotional outlet while navigating through a California divorce. For some, the Internet is just that, and a number of spouses have vented their feelings in personal divorce blogs. The feelings revealed and information offered can be invaluable to both readers and the blogger. However, whatever is posted can be read by the other spouse, and those still embroiled in divorce proceedings may wish to be careful what they say online.
In a relatively new blog that is becoming popular, a woman describes her divorce. Having begun the blog shortly after learning that her husband was having an affair, the blogger describes not only discovering the infidelity but other common divorce issues, such as telling kids about the separation and deciding to file for a formal dissolution of the marriage. The blog, reports say, can help those who are experiencing divorce work through their own feelings.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Military Divorce on Friday, April 13, 2012
In a military divorce, much like any divorce in the civilian world, child custody can be a significant issue. Determining with which parent a child should live is an emotional issue for many families. This emotional stress can be increased in a military divorce where the service member has a possibility of deployment.
California military members considering a divorce may be interested to learn about a new law proposed in Congress that could affect child custody decisions in military divorce litigation. In many states, courts take into account the possibility of deployment when considering child custody for military members. A court's decision could be influenced heavily in circumstances where the service member is scheduled to deploy.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Child Support on Thursday, April 5, 2012
Child support payments are sometimes a source of contention in a California divorces. The non-custodial parent of a child is typically required to make payments for several years in many child support cases. These child support payments can continue until a child completes college or reaches the age of majority, depending on the circumstances of a particular proceeding.
Celebrities are understandably not immune to the requirement for child support payments. Like others who are required by a court to pay, when a celebrity fails to pay the child support payments, legal penalties may be in order. Like others who have been through a divorce, an ex-spouse of a celebrity can request that the court impose penalties on a non-paying parent, such as the payment of legal fees.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Custody & Visitation on Wednesday, March 28, 2012
California readers may be interested in a fathers' rights debate that is going on in one state where legislation is pending that proposes reforms more favorable to dads. There, when a child is born out of wedlock, a father may soon find that his rights to child custody has increased. This would occur if a new law being proposed is actually enacted into law.
Under a proposed law currently being considered by the Arizona legislature, unwed fathers could have more rights to child custody than they currently do under today's law. As it stands now, if a couple is not married, the mother is the primary custodian of a child.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Custody & Visitation on Friday, March 23, 2012
The primary caregiver of a child is most often the one to whom child custody is awarded in divorce and separation matters. California residents who have gone through a divorce know that the custody decision can be one of the most difficult in a case. However, as one recent story shows, child custody matters can arise outside of divorce as well.
California readers will be interested to learn about the case of a man who lost custody of his children as a result of his deportation. The custody was awarded to the man's wife and the mother of the children, despite her diagnosed mental illness at the time of his deportation. Nevertheless, the man has continued to fight for custody since his deportation.
On behalf of The Law Office of Heather M. Cullen, Attorneys & Counselors at Law posted in Divorce on Friday, March 16, 2012
Almost half of all marriages, in California and across the country, end in divorce. For those married couples over the age of 50, the divorce rate has doubled over the past 20 years, according to a large university study. The study showed that in 2009, almost one in four divorces filed in the U.S. was for these more mature couples.
It was reported that unlike divorcing couples who have young children, older people tend to fight over money more than other issues. Concerns about retirement and substantial assets obtained over a long marriage can lead to contention in a California divorce. Older couples are often able to avoid child custody disputes because their children are grown or are old enough to be able to assert their opinion concerning where they want to live.
