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Requests to relocate will have a major impact on child custody agreements, and the courts will often need to step in and issue a decision.

 

It is not uncommon for individuals to look for new opportunities in different states, especially in a difficult economy. People might want to move closer to family so they can start over after a divorce, and there can be serious complications if they want the child to move as well.

 

In many of these situations, the noncustodial parent will be very opposed to the move. The move-away request is considered to be a major change in circumstances, and will require the court the revisit the existing custody agreement in place.

 

The court will be tasked with coming to a final ruling over whether or not to allow the custodial parent to relocate with the child. It will examine several factors when trying to arrive at its decision under California law, including:

Continue reading Move-away laws in California and the impact on custody agreements

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In addition to including how property will be divided, many couples are now including provisions relating to social media in their marital agreements.

 

Marital agreements are contracts that traditionally outline which of a couple’s assets are considered marital property, which assets are considered separate property and any financial provisions that will be made if the couple eventually decides to divorce, states Forbes. However, more and more couples in California and throughout the country are now including social media clauses in their marital agreements that contain certain rules each spouse has to abide by when using platforms like Facebook and Twitter.

Continue reading More couples including social networking clauses in marital agreements

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Pet owners often consider their animals a part of the family. Unfortunately, under state law, pets are considered a type of property called “chattel”, which includes all personal moveable property, i.e., vehicles, clothes, artwork and pets.

 

Since pets are legally classified as property, emotional attachments may not be considered during a court litigated divorce.

 

Why pet custody issues can be difficult for owners

 

Although children as well as pets require a loving home, food and health care to flourish, the court is not likely to provide custody and support plans for the care of your pet as it automatically would for your child. If left to the Court’s determination, the court will likely review your pet’s background much as it would review the history of a car. For example, before deciding which party gets custody of the pet, the Judge may want to know who bought the pet, whether the pet was purchased before or after the marriage, and whether the pet was a gift to one spouse from the other. The Judge would award the pet to one party or the other based on the answers to these questions.

Continue reading Want to keep your pet? Consider mediation during a CA divorce.

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Valentine’s Day is a widely seen as a day of celebration for lovers. In its ideal state, the day is a happy occasion when people express their love for each other with flowers, heart-shaped boxes of candy, romantic cards, and affection. Proposals are extended. Greeting card companies’ business skyrockets.

 

Unfortunately, there is another face to Valentine’s Day. Statistics show that it is often a day of escalated anger and violence for those in unhappy or unhealthy relationships.

 

Violence typically increases during holidays. Valentine’s Day is no exception because it is a day when expectations and focus on the relationship is heightened. For couples in unhealthy relationships, it becomes a day for rehashing negative thoughts over and over – and in some cases, it can even lead to violence.

Continue reading Love Is Not Always In The Air On Valentine’s Day

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