How Do You Win a Child Physical Custody Move Away Case in California?

California move away laws are complicated and constantly changing. It is a wise strategy to talk to a family lawyer if you are planning to move away with your child (or children) and worried that the other parent will object to it, or if the other parent is moving away and you do not think it is in the best interest of the child to relocate to a new place.

In general, a parent with a permanent, sole custody of the child — known as primary physical custody in legal jargon — can move to a new place with his or her child without many legal troubles. Things can get complicated pretty quickly, however, when the other parent turns to the other and argues that the move will be detrimental to the children — either physically or psychologically. The court can revoke the primary physical custody and suggest a new one. It is a good strategy to speak to a lawyer to find out how the law applies to your particular circumstances.

Move away laws in California are more tangled when it comes to decide in cases where the physical custody of the children is joint. In these situations it falls upon the moving parent to inform the court and convince it that relocation is in interest of the children.

Whether the physical custody of the child is “joint” or “sole” affects the outcome of a move away order in California disproportionately because courts tend to look at the existing parenting schedule than switch to a new one.

Talk to a lawyer if you are worried that the other parent is moving away with the child or if you are planning to start a new life in a new city, state, or country. A California family lawyer can protect your rights as a parent and the rights of your child.

Robert L. Gigliotti is a veteran family law lawyer in California. He can assist you immensely in disputes concerning move away orders in California. Consult him on http://www.gigliottilalaw.com/family-law/custody-and-visitation/  before you turn to court to increase your chances of getting a judgement in your favour.

Two qualities to look for before hiring a civil litigation lawyer in Los Angeles

You may need to consult a civil litigation lawyer in California when you are involving in a contentious legal matter. The case in hand may be so vital to you that only skilled assistance from a professional civil litigation attorney can protect you from a serious injunction, a humungous monetary loss, and a prison term. An attorney can assist you even when you are involved in a partnership dispute, an employment fight, or a matter of paramount importance involving real estate. In all these situations, only an experienced attorney can help you. But how do you go about finding one? This blog suggests you three qualities to look for before hiring a civil litigation lawyer in Los Angeles.

Experience

To put it more correctly, you will need to look for relevant work experience. American legal system is complex and large. Lawyers who represent clients in commercial disputes are not usually the best ones to handle immigration cases, and those who assist the CEOs of large firms pen billion dollar deals may not have the necessary experience to lead a democracy protest. The gist of the matter is that you ought to look for a professional with relevant experience, which in this case means a civil litigation attorney.

Fees

The most experienced lawyer in the U.S. may as well not exist for you if his or her fees are beyond your budget. Find a lawyer who charges you neither pennies nor in gold; someone who is experienced in civil litigation whose payments do not exceed the average fees of lawyers of similar experience markedly.

Two essential qualities to look for before hiring a civil litigation attorney are: his or her education and fees.

Divorce Mediation Lawyer against DIY Divorce in California

When it comes to hiring a divorce mediation lawyer in California, the couples’ most popular response is this or a variant: There is nothing left between us, nothing which someone can mediate about, and therefore we do not need divorce mediation in Los Angeles, CA. This thread of thinking unites many, and otherwise diverse, couples in California. If only things were that simple. 

The reality of DIY divorces is anything but pretty. It is not uncommon for undone paperwork to accumulate and filings to get rejected. Spouses spend an inordinate amount of time in courts trying to fix mistakes. In fact there are many counties in California where special programs are run just to help couples who for one reasons or another decided to go the way of a DIY divorce and then found themselves stuck in the system. The stories of people staying lost for years are not uncommon. 

For the unfortunate souls who started down this path, the only way out was to pay an attorney—exactly the thing they decided not to do in the first place.

Tangled cases is not the only downside of DIY divorced. There is another and graver hazard. 

For anything deciding to choose and DIY divorce over divorce mediation in California, here is a bad news: you may not get the opportunity to be heard that you are legally entitled to. And the fault is not entirely yours because you are not an expert in mediating in divorces. Yet the consequences of your decision are both real and potentially devastating.

You can end up in penury if you are unable to present your case properly and rationally in court. Thankfully, there exist divorce mediation lawyers in California.

California divorce attorneys can help you finalize the terms and conditions of your divorce amicably, without any acrimony that is typical of court cases. The time period of a mediated divorce is considerably shorter—lasting a few months as opposed to a couple of years. You get time to speak your mind and hear what the other person says. 

In short, divorce mediation in California is a thousand times better than a DIY divorce because it is faster, more convenient and less costly.

California family law attorneys on being friends with your ex

No reputed family law attorney in Los Angeles will ever suggest you to be friendly with your ex-spouse because the legal code says so. The thing is that if you do not want to maintain any relationship with your ex, then let it be. No one can force you. 

California family law attorneys are aware that although the law encourages the divorcing couple or separating parents to remain friendly with their ex-spouses after the court’s proceedings are over, it is by no means obligatory. 

Family law lawyers in California may suggest you that while it is invaluable to cooperate with your ex, especially if children are involved, it is very different from being friends.

Although society and law encourage the separated spouses to remain friends with each other, it is not always in the best interest of either the child or the spouses themselves.

Be friendly, but don’t confuse it being friends

It is not uncommon for people to be friendly with their ex. There is often a motive behind this; usually an unfinished business or feelings of guilt or even a hope for reconciliation. You may often overlook the fact that you separated in the first place because anger crept into your relationship and this anger is hard to set aside. Therefore it is advisable to believe that no friendship can ever be built on the ashes of a ruined relationship. 

Here’s why it’s a bad idea to be friends with your ex

• A healing process starts in mind after your relationship dies. Being friends with your ex can interfere with this. 

• It is more practical to focus on your children, if there are any, and the other person than keep on viewing your old spouse in them.

• It is easier to create a new identity as an individual if you have separated and are not friends with your ex. 

• You will need space to grieve the end of your once thriving and happy relationship. 

• The entire friendship-thing can appear forced to you if you are not ready for it. 

• You may confuse children by spending much time with your friends. It can make emotional separation harder.

Remain cordial, but being friends is a clear no

By no means should you be at war with your ex. But avoid being friends because of the reasons described just above.

Two factors court consider in California move away cases

California move away laws are complex. Ask any professional in the state about the toughest kind of custody cases and he or she is likely to name move away against. If a spouse decide to move - it doesn’t matter if he or she is moving five miles away or 5,000 miles away to a different country - a decision has to be made on where the child will live. Depending on how a judge interprets the California move away law, the spouse moving away can either get the custody of the child - in which case the child will have to move, too - or he can be denied the custody - in which case the parent and child will have to live at physically disjointed locations. In either situation, the child loses.

From the parents’ perspective, they are usually more interesting in knowing what factors determine the court decision. This blog attempts to help them.

The courts consider these factors when deciding on if to grant the custody of the child to the parent moving away or not:

• Stability and continuity: Courts look at how much time the child has been spending with each parents to appraise how the move will affect him or her and consequently decide weather to let the child move with the moving spouse or not.

• Distance: Courts consider how far one spouse is moving. They usually do not give it much of a thought if the moving parent is relocating not more than a few dozen miles (usually not more than two hours drive). Culture and language are taken into account if a parent is moving to another country.

In no way, this blog claims to be compress several volumes of the move away laws of California in less than 400 words. Therefore it is advisable to consult a professional family lawyer before deciding to make a move.

Two Reasons to Hire a Real Estate Attorney in California

The most significant purchase many Californians will ever make in their lives is real estate; a home or property. Irrespective of whether you are buying or selling your first property in Los Angeles, or it’s your second or third home; it is advisable to have a real estate attorney from California on your side. Here are two reasons to hire an estate planning attorney when buying a property in Los Angeles or anywhere else in California:

• Expertise

If there is one convincing reason to shell out hundreds of dollars to a real estate attorney in California while purchasing real estate, it is this: he or she brings expertise on table. Real estate laws in California are anything but simple. You can easily find yourself exhausted if you try to decipher - while purchasing or selling a property in the state - and still not come up with the right solution to problem that may arise unanticipated. A professional attorney can protect you against these problems. He or she is an expert. Having spend years of his or her life as a lawyer, he or she knows how to conduct real estate dealings smoothly; while maximizing the interest of the client.

• Safety

Houses in California are anything but cheap. Unless you are a billionaire, you cannot afford to be stuck a real estate deal gone bad. An estate planning attorney in Los Angeles can guarantee you safety. He or she can read through the contract to find any clauses that can lead to trouble later and warn you about their inclusion and ask the other party to remove them. At any rate, a lawyer’s fees do not usually amount to more than one or two percent of a property’s price. It is a fair price to way to avoid later troubles and ensure the safety of the deal.

In short, two big reasons to hire a real estate attorney while buying or selling a property is California are: safety and expertise.

How to find a child custody lawyer in Los Angeles?

California has some of the best child custody attorneys in the entire United States. But how do you locate them? Searching the internet may help because it will throw at you a list of family law attorneys in Los Angeles. Friends and acquaintances may also help with referrals. While all this sounds good, do you know what questions you will have to ask to distinguish the best child custody attorney from the chaff of paralegals? Do not worry, if you do not know the answer. This blog will help you make an educated decision. 

•  Right experience

While it is good to possess experience, not any kind of experience will do. That explains the tile - right experience. The American legal system is complex. Many top attorneys practice only one or two kinds of law. So when you go out to find a lawyer, make sure he or she has the right experience. Professionals who have deals in child support and custody cases are usually the right ones. Family law lawyers can also help. In contrast, it is a futile attempt to hope that a criminal lawyer can help you get the custody of your child.

•  Testimonials

Experiences of old clients speak louder than any advertisement. Ask your lawyer for testimonials

•  Out-of-court settlements are not bad

Sometimes your lawyer may suggest you to settle on an agreement outside the court. In some cases this is a good decision because out-of-court settlements are faster and less expensive. So when you hear that a case can be settled without the need for a trial; do not shrug off the suggestion as weak-minded or a cowardly act. Also such settlements are usually good for children - whose sensibilities can get extremely hurt by the proceedings of court. Finally, such suggestions can suggest you that you have found the right lawyer for your child custody case.

Understanding Child Custody and Support Law in California

August is Child Support Awareness Month. This is the time of the year when a number of events are held to increase consciousness about importance of money paid to the meet a child’s essential needs; such as food, clothing, housing, and childcare. Child support does not end at these basic needs. Sometimes a court may order one or both parents to pay for other things, such as camps, vacations, music lessons, and private tuition's.

Childcare is good. Unfortunately, the issue more often arises in the context of a contentious argument between separated couples and less so with the full interest of the benefits to the child. Battles over child support constitute a big problem in the U.S. But amid all the press coverage - that celebrities’ court battles receive - some crucial issues remain unnoticed. This blog is an attempt to look at those problems. It lists ten under-reported facts about child support that everyone - at least the separated couple - should be aware of; if only because it is in the interest of their child:

• Women make up 15 percent of individuals who pay for child support. This shatters the long held myth that men are the sole providers after separation.

• The average child support payment across the 50 states is over $400 a month.

• In 30 percent cases, the custodial parent never receives a cent of court-ordered child support payment.

• The federal government doesn’t mandate an adequate amount for child support.

• Although the custodial parents receiving child support payments does not pay tax on the amount, for the paying partner, it is taxable.

• Visitation rights and child support are legally different. It is not possible for a parent to stop paying because he or she is not allowed to meet his or her child.

• Bankruptcy is not a legal reason to stop child support.

• A family law attorney in Los Angeles can help parents make changes in child support.

• Asset seizure, wage garnishment, passport denial, and credit bureau reporting are some of the consequences for the parents not paying for child support. Sometimes the court can order a prison sentence.

Pros and cons of mediation during divorce

The idea of hiring a divorce attorney at the first hint of separation is tempting, but it can be costly. In some cases, a wiser strategy can be to opt for mediation. A professional mediator is often well versed with divorce and family law. His or her job is to help the husband and wife come to an agreement that is acceptable to both parties. A professional mediator can also assist resolution once divorce proceedings have begun. The option of mediation is attractive for many reasons not least of which is because it usually costs less. Mediation is also often a faster alternative to protracted litigation. Mediation is not without limitations however. This blog looks at the pros and cons of opting for mediation during a divorce:

Pros

Here are the advantages of mediation:

• Peace of mind as mediation of your divorce is usually more peaceful and less contentious.
• Faster agreements
• Less expensive
• Easier on children
• Greater chances of a better long-term relationship between spouses. This is particularly important if children are involved.
• More privacy as everything that goes on in mediation is protected by the confidential mediation privilege and not part of the public record or even admissible in court.
• More control because it is you making decisions, not the judge

Cons

As stated previously, mediation is not a silver bullet that will solve all your divorce issues immediately. When you opt for mediation, keep these facts in mind:

• You could end up wasting time and money if you and your spouse fail to reach an agreement.
• The agreement can be unfavorable to you if the mediator is biased toward your spouse.
• The agreement arising out of mediation may not enforceable as it can be challenged in court.
• The Court has the final say if a disagreement arises after mediation.
• There is a lesser chance of uncovering assets if one of the spouses is intent on hiding some or all of his or her assets.
• Mediation may not be as helpful in cases where one spouse is more domineering and the other spouse is more deferential.

Mediation is often a less contentious, expensive, and more peaceful way to obtain a divorce or resolve ongoing divorce proceedings before things spiral out of control. However it is not a silver bullet. It has its pros and cons. Therefore, choose wisely.

Three legal rights women have during divorce

Laws concerning dissolution of marriages are complex and vary between states. If you are a woman considering a divorce, consult an attorney who is aware of the family laws of your state. For instance, if you live in California, it is critical to find a California family law attorney, or a divorce attorney from Los Angeles whose expertise lies in divorce.  It is not advisable to partake in DIY (do-it-yourself) divorces, or accept counsel from the lawyer of your husband. Having your own attorney is crucial to protect your rights and minimize the financial and emotional burden. A lawyer can make you aware of your rights and present convincing arguments in your favor in court.

Although a lawyer is your best guide during your divorce, you can make his or her job easier if you educate yourself. This blog sets you on the path to learning that will go a long way to assist you during your divorce. It lists three legal rights you, as a woman, have during divorce: 

• Equal property rights

Courts recognize that the property claims of a husband and a wife are equally valid. As a woman, you have a right to 50 percent of all the property you acquired jointly with your husband during your marriage.

• Separate property

There are products and items that you use as a woman. These may include jewelry, clothes, and even your car. In many instances, this property remains yours after a divorce , particularly, if it was acquired prior to your marriage or was a gift. However, if these items were acquired during your marriage, courts sometimes order women to liquidate their precious items - diamond jewelry – and either divide the proceeds equally with their husband.

• Right to discovery

Division of assets is usually the most critical part of a divorce case. However, some husbands do not participate in the process honestly. They try to hide their assets. As a woman, you have a right to use all legal means - including orders from court - to force your husband to disclose all his assets for their honest and rightful division.

Child Support Liability in California

Child custody and child support are the two disputes that can arise from the number of situations like dissolving of marriages, formation of new partnership or new marriage. It can also occur if one parent is moving away, changes job or facing any legal issues. Whatever the reason is, if you are looking to reach the resolution regarding child custody or child support, the first step should be to contact an  expert and professional child support lawyer California.

California child support law defines child support as the ongoing monetary expenditures and payments necessary for the living of the child and medical expenses. Both parents have a legal duty to provide financial support for the children.

How much am I required to pay for child support? We wish if this question could be answered with one simple response but NOT SO in California. The child support guidelines are determined by number of vital factors like income of both parents, time share or parenting plans with the child (minor child), tax dependency exemptions etc.

There is a misconception among some people about child support that it only cover child's bare necessities like food and clothing. But in legal terms, child support is meant to cover the broad range of expenses like school/ fees and expenses, travel and transportation, medical, entertainment and extracurricular activities.

Under California child support law, the noncustodial parent pays the support amount to the custodial parent but under some circumstances, both parties pays child support amount to the third-party who is taking care of their child. Before you set a foot in t he courtroom, Gigliotti law group- the child support attorney California will help you with experienced and educated calculation of what to expect from court and help you to confidently step forward in new phase of life. 

California Move Away Law

Generally happens in divorce cases, both parents are sharing the custody of their child or children . And when one parent plans to move away, certain questions arise like “can I move away from California with my children?” “ Am I stuck in California forever?” “ Do I have to leave to my children here with other parent?”

These questions are what we call “move away” concerns. In California move away law, this is a very technical issue. Sometimes it is very challenging but if one approaches a proper channel it is not impossible.

If you want to move away with your children, you need written consent of the other parent. As per California move away laws, without written permission of the other parent you cannot move. If the other parent do not agree, then you must approach the Court for move away permission. The first question raised by the Court is whether you currently have child custody orders or not. The California move away laws are very complicated and confusing that involves various factors in the outcome.

Before you approach the Courts, you must try to mediate the issues and reach an agreement. The Gigliotti law group has dedicated lawyers to help those parents involved in move-away disputes. The family law attorney Robert Gigliotti has professional and personal experience that is needed to assist the parents in this difficult situation. Before the issues goes to the hands of a judge, we mediate and try to reach the agreement about where the child will live, what the visitation arrangements will be with the  other parent. If the parents cannot agree upon the agreement made between them, we help you to reach the Court too.

If you have any question about California move away laws, it is important to discuss your concerns with an experienced family lawyer. Contact Los Angeles attorney Robert Gigliotti at Gigliotti law group, we will protect your and your children needs. 

Robert Gigliotti’s Role in California Child Custody and Visitation Agreement

California has a well developed and complicated set of family laws. A typical agreement on child custody and visitation in California goes through four phases:

• Temporary hearing
• Meditation
• Evaluation
• Trial

This post discusses these phases and concludes with a note on how Robert Gigliotti can help you through each of them.

Temporary hearing

Family court sets out with a temporary hearing after either parent has filed for a divorce. During temporary hearing the court considers several legal aspects of the case and decides on a temporary custody.

This custody usually goes to the parent still living in the marital home. At times the decision on temporary custody can indicate what the court thinks is the more suitable for permanent custody. But a correlation between temporary and permanent custody cannot be taken for granted.

Mediation

As the divorce case proceeds, the court orders both parents to accept mediation from a professional mediator. The mediator is a third party who helps the parents communicate with each other and resolve their differences. If mediation is successful parents do not have to undergo another trial for their children’s custody. If parents fail to reach an agreement between themselves, the court orders custody evaluation.

Evaluation

A court evaluation involves a social worker, or a professional psychologist, or a health professional whose job is to talk to parents and children to evaluate what is in the best interest of the children. This evaluation report is then presented to the court.

Trial

California courts go through the evaluation results and listen to contesting parties’ arguments before deciding on custody. Courts place high importance on a child’s age and their emotional attachment.

Role of Robert Gigliotti
California family lawyer Robert Gigliotti is a veteran in child custody and visitation cases. He will use his deep knowledge of the law to guide you through each step of the process. Robert’s aim is to come to a custody and visitation agreement that protects your and your children’s financial interests. His aim is to place your and your children’s interest above all and do whatever is in the best interests of you and your children.

You can learn more about Robert Gigliotti and how he can help you on our website: http://www.gigliottilalaw.com/.

When to hire a personal injury lawyer?

If you have been injured as a consequence of someone's actions, it is natural that you should get support from that person. In another situation, if you have been injured and no one is at fault, your insurance company should pay you a fair amount that is commensurate with your injuries.

Though straightforward in theory, things are more complex in real world. The other person may refuse to accept responsibility. Your insurance company can deny you a claim, or get you to agree on for a lower settlement.

As a person with little experience in law, you will find it hard to deal with people (insurance company lawyers) who know the law upside-down. It is in these scenarios that a personal injury lawyer in Los Angeles can help you. With an experienced personal lawyer on your side, you can claim and get a just compensation.

There are plenty of scenarios where it is sensible to consult a personal injury lawyer to minimize physical, financial, and emotional costs. Their full-length treatment will fill up several volumes. We are limiting ourselves to three most common scenarios where you should consult a personal injury lawyer before rushing into a settlement.


Road accidents

The state of California holds negligent drivers accountable for their actions. If you have been seriously injured in an auto accident, and if you think the other driver was speeding, drunk, or otherwise breaking the law; contact your lawyer.

Indoor accidents

As it is the responsibility of property owners to keep their place safe for residents and visitors, you can claim a compensation if you have sustained serious injuries on a property as a result the negligence of owner. Two common scenarios involving an injury on a private property involve slipping on floor and getting hit by a broken piece of roof.
  
Dog bites

California is very strict in handling injuries pertaining to dog bites. Dog attacks can result in disability and an emotional trauma. It is advisable to consult your lawyer before picking up a fight with the dog owner.

There are plenty of other situations, where you will need the skills of an expert lawyer to navigate through the maze of personal injury law. We will advise you to consult a professional to learn if you are eligible for compensation in a case of injury.

Why is a divorce mediation preferable to a court case?

Divorce mediation is an out-of-court negotiation process in which a neutral mediator assists spouses to come to a divorce agreement that is acceptable to both parties. The job of mediator is to facilitate communication. He is different from a judge and an arbitrator, as he does not make decisions.

Although the mediator does not play the judge, the agreements you reach during the process can be legally binding.

There are many good reasons to prefer mediation than a court case. The following paragraphs introduce you to four of them:

Cost
   
If you live in Los California, hiring a divorce mediation lawyer is less expensive than paying several four- or five-digit checks to attorneys. A typical divorce case will cost both of you somewhere between $5,000 and $15,000. If you are finding yourself in a particularly nasty situation, the lawyer's bills can be more than $50,000; or even more. In comparison, people rarely pay more than $3,000 for professional mediation.
   
Time
   
Mediation is quicker. Couples hiring a mediator usually come to a settlement within 90 days. The average duration of a court settlement is around 15 months. Divorce mediation attorneys show you a quicker way to resolve cases.
   
Privacy
   
When your case goes into court, anyone can come and listen to it. Your privacy is compromised. It does not happen with private mediation, where all the details – custody issues, visitation issues, property division, and financial issues – about your case confidential. No person, other than you, your spouse, and the mediator, has information about your case.

Focus on negotiation

Mediation helps if you want to keep a relationship with your spouse – because of children or some other reason – after legal separation. Things can turn uncontrollably ugly in a court battle. A court case can lead to lasting grudges and ruin your chances to a peaceful life. Mediation is different. It lets you talk your mind out, to listen to the other person, and then take a decision. A court battle can turn into a loss/loss situation. In stark contrast, a skilful mediator can bring about a win/win situation for both of you.

The key thing in mediation is negotiation, not argument. There are more advantages of hiring a mediator over a lawyer than the four listed above. To learn more about the benefits, consider booking a session with South California lawyer Robert Gigliotti. Contact information can be found here: http://www.gigliottilalaw.com/contact/.