Barefoot Blog

 

Irreconcilable differences

Last month, a judge in Kentucky made a decision unusual enough to be reported in legal news sites - he denied a divorce, not on procedural grounds, but because the marriage between the couple was not actually “irretrievably broken.”  He cited the unusual courteousness...

Abduction

Abducting a child is a crime in California; we all understand that, but here is a more-difficult question: “Can a parent, whose parental rights have not been terminated, be guilty of abducting her/his own child, even if there be no child custody orders in effect?” The...

Knapp v. Ginsberg

In anticipation of marriage some parties do not feel the need to discuss in detail a premarital agreement. At times it could feel that discussing in detail the terms for a premarital agreement can deromanticize the upcoming nuptials. The validity of a premarital...

COVID-19 in Family Law

The COVID-19 pandemic created many new issues in family law matters.  Such issues include child visitation interruptions due to health risks, new and uncertain health and wellness decisions for the children, and financial issues such as who gets the stimulus checks or...

Goals for Autism v. Rosas

Any attorney whose practice involves restraining orders in San Diego is familiar with one thing – the uncertainty of what will happen at the initial hearing date.  That first date will see anywhere from fifteen to twenty-five cases all set for the same three-hour...

Advocacy – To Tape Record Or Not, And How…

To tape record or not and how... by Allan Roth, Consultant, Alliance Resources and Associates, Inc. In our office, we suggest all parents tape all IEP meetings. The best method is to use a digital tape recorder with fresh batteries. Ideally, you have all of your files...

Allies All Around

Allies All Around

A previous installment, “Enemies in the House,” I began the story of Silas and Regina, parents of a child on the autism spectrum named Belisario (“Belly”). These characters are synthesized from real people with common traits and common stories. Summary: Silas and...

Evidence of Fault

Evidence of Fault

California’s “no fault” divorce law does not prohibit the court from considering evidence of fault when deciding the issue of spousal support. Family Code §4320, the primary statute governing determination of spousal support orders in California, sets forth a number...

Do I Need A Prenuptial Agreement?

Do I Need A Prenuptial Agreement?

Premarital Agreements have become increasingly popular because people are entering marriage with property from a prior marriage, as well as children. Many wish to preserve their pre-existing property rights and interests for their children and heirs, and avoid...

New Limits On Court Sanctions

New Limits On Court Sanctions

Family Code section 271 allows the court in family law cases to award attorney fees and costs based on the extent to which a party’s or attorney’s conduct frustrates settlement and increases the cost of litigation. A Family Code section 271 award is in the nature of a...

Enemies in the House

Enemies in the House

Having a child with special needs puts a strain on the parents, and on their relationship with each other. It is not unusual for parents to dissolve their relationship over disputes about how to address the special needs of a child. The biggest dispute may be as to...

New law affects definition of “Date of Separation”

New law affects definition of “Date of Separation”

Date of Separation plays a crucial role in the divorce process in California. The length of your marriage is determined by the date of marriage and the date of separation (not the date of your actual divorce). Date of Separation impacts your property rights under the...