Barefoot Blog
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...
The IEP- Individual Education Plan Should Tell A Story. Does Yours?
While the order of items is not exact and the names of the items might have a slight variation, all of these components need to be in the IEP, with the information complete and accurate.
Here is a common sequence of an IEP with an explanation listed below for each of the items:
Know Your Rights Before Donating Sperm
Being a sperm donor does not necessarily foreclose the ability to obtain parental rights under Family Code §7611(d). Pursuant to Family Code §7613(b)(1), a sperm donor whose donation is provided to a licensed physician and surgeon or a licensed sperm bank for use in...
Sanctions for Failure to Disclose Assets in a Divorce
Sanctions for Failure to Disclose Assets in a Divorce Division 4 of the California Family Code addresses marital rights and obligations. Within that division, section 721 recognizes the confidential relationship held by spouses. That relationship is a fiduciary...
How Do I Reduce or Modify My Permanent Spousal Support Obligation?
HOW DO I REDUCE OR MODIFY MY PERMANENT SPOUSAL SUPPORT OBLIGATION? If you have a Marital Settlement Agreement / Divorce Judgment that orders you to pay spousal support to your ex spouse, and you wish to have it changed, the burden is on you to show a material change...
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
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...
Recent Case deals with Grave Risk of Harm Defense under The Hague Child Abduction Convention
The Hague Convention on Civil Aspects of International Child Abduction was adopted in 1980 in response to the problem of international child abduction during domestic disputes. The United States is a contracting state to the Convention, and Congress has implemented...
All Income is Income Available for Child Support, Except When It Isn’t
In California, child support is calculated by a guideline formula, in which the key factors are each parent’s “net monthly disposable income” and each parent’s relative time over which the children are in their physical care (aka “timeshare”). Family Code §4055. How...
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
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
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”
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...
New California Supreme Court Ruling
Filed 7/20/15 IN THE SUPREME COURT OF CALIFORNIA In re Marriage of SHERYL JONES DAVIS and KEITH XAVIER DAVIS. In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties‘ property as...
Minor’s Counsel Part 2-Educational and Training Requirements
EDUCATION AND TRAINING REQUIREMENTS OF MINOR’S COUNSEL Family Code Rule 5.242 This will be the second in a series about the position of Minor’s Councel. In Family Law cases, the child’s counsel is charged with the representation of the child’s best interest. As...
Supreme Court Rules In Favor of Same-Sex Marriage Nationwide
Washington (CNN) In a landmark opinion, a divided Supreme Court ruled Friday that states cannot ban same-sex marriage, establishing a new civil right and handing gay rights advocates a victory that until very recently would have seemed unthinkable. In a 5-4 ruling,...
DIVORCE CASES INVOLVING CHILDREN WITH AUTISM
The Family Court System is not knowledgeable about needs of children with autism. Post published by Chantal Sicile-Kira on May 31, 2015 in The Autism Advocate, Psychology Today. Source: Chantal Sicile-Kira It’s often said that marriage that includes a child with...
Minor’s Counsel Part 1 – Rights and Duties
RIGHTS AND DUTIES OF MINOR’S COUNSEL This will be the first in a series about the position of Minor’s Councel. In Family Law cases, pursuant Family Code §3150(a) the child’s counsel is charged with the representation of the child’s best interest. Duties: The role of...
Parental Alienation
It’s easy to look up Parental Alienation to get acquainted with Parental Alienation Syndrome and the damage it causes. A google search of Parental Alienation yields a fortune of information including a wikipedia entry about Parental Alienation, an article titled...
Educating the Courts about Special Needs
Children with special needs are some of the most vulnerable members of our society. We, as a society, have a duty to ensure that they are protected and treated fairly. To that end, the family court systems are in great need of information about this population. The...