Your Top 10 FAQs Answered About Family Law in California
California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

Family law deals with issues like divorce, child custody, child support, alimony, and property division. If you are going through a family law issue in California, you likely have many questions about the process and your rights. Certified Family Law Specialist Judy L. Burger answers the top ten questions we’re asked at our California practice about Family Law matters.

Of course, we can only provide the barest facts in an article. More complete explanations and answers to other questions are available in a complimentary consultation. Contact The Law Offices of Judy L. Burger to schedule your consultation.

Top 10 Family Law FAQs

Review these common questions clients routinely ask Attorney Judy Burger during initial consultations at her offices.

1. What is the process for getting a divorce in California?

To get a divorce in California, you must file a petition for dissolution of marriage with the court. You will need to serve your spouse with the petition and wait for their response. If you and your spouse cannot reach an agreement on all issues, such as child custody and property division, the court will schedule a trial to decide these issues for you.

2. How is child custody determined in California?

California courts determine child custody based on the best interests of the child. The court will consider factors such as the child’s age, health, and relationship with each parent. Generally, the court prefers frequent and continuous contact with both parents as long as it is in the child’s best interests.

3. How is child support determined in California?

California law provides guidelines for determining child support. The guidelines take into account the net disposable income of each parent and the amount of time each parent spends with the child. Other factors, such as the child’s needs and the standard of living before the divorce, may also be considered.

4. What is spousal support in California?

Spousal support, also known as alimony, is financial support paid from one spouse to the other after a divorce. Spousal support can be temporary or permanent, depending on the circumstances of the case.

5. How is spousal support determined in California?

California law requires the court to consider various factors when determining spousal support, including the length of the marriage, the standard of living before the divorce, and the age and health of each spouse. The court has discretion in determining the amount and duration of spousal support.

6. How is property divided in a California divorce?

California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses. However, there are exceptions to this rule, and the court may consider factors such as the length of the marriage and the economic circumstances of each spouse.

7. Can I get a restraining order in a family law case?

Yes, if you are a victim of domestic violence or harassment, you can obtain a restraining order to protect yourself and your children. The court may issue a temporary restraining order, followed by a hearing to determine whether a permanent restraining order is necessary.

8. Can I modify a child custody or support order?

Yes, if there has been a significant change in circumstances, such as a job loss or relocation, you can petition the court to modify a child custody or support order. The court will consider the child’s best interests when deciding.

9. What is mediation in a family law case?

Mediation is a process in which a neutral third party helps the parties in a family law case reach a mutually acceptable agreement. It can be voluntary or court-ordered and can be a cost-effective alternative to litigation.

10. Do I need a lawyer for a family law case in California?

While you are not required to have a lawyer for a family law case in California, it is highly recommended. Family law cases can be complex and emotional, and having a knowledgeable and experienced lawyer can help protect your rights and interests.

Seasoned Family Law Representation in California

Family law issues in California can be challenging and emotional, but understanding your rights and the legal process can help alleviate some of the stress. If you have questions about a family law issue in California, contact The Law Offices of Judy L. Burger, with eight offices across the state to serve you.

 

Overcoming Common Property Division Obstacles During a Divorce
California Divorce, Property Division, Property Division

Overcoming Common Property Division Obstacles During a Divorce

A property division can be fraught with obstacles during a divorce. Partners can accumulate assets of significant value over the years, and dividing them equally is virtually impossible. California Certified Family Law Specialist Judy L. Burger has extensive experience helping divorcing couples divide their property equitably and with the least rancor.

She shares the benefit of her experience in these tips for overcoming common property division obstacles during a divorce.

Common Obstacles to Dividing Property in a Divorce

Divorce can be difficult enough, but adding complex asset divisions into the mix often stretches tempers and emotions to the breaking point. Such divisions are never easy because they involve more than easily sectioned assets. Some of the most common obstacles to dividing property in a divorce include:

  • Family or Jointly-Owned Businesses – Determining who keeps the business, how it is divided, or other related questions is often complex.
  • Common Property—The home and other common property are often a serious point of contention in divorce property divisions.
  • Sentimental Property – A favorite book collection or family heirloom can cause negotiations to reach an impasse.
  • Digital Assets – Music collections and even the right to use online consumer awards can cause a breakdown in property division negotiations.
  • Retirement Benefits—Joint investments and retirement accounts can be real sticking points when determining an equitable property division.
  • Marital Debts – Couples can disagree more about debts than assets, and creating an arrangement to cover debts can be the hardest aspect of a property division.
  • Small Children – Younger children and custody considerations add several layers of additional concerns when dividing assets and marital properties.

Tips for a Smoother Property Division During Divorce

How can you help the property division process go much smoother? Follow these tips:

Don’t Be In a Hurry

Property divisions take time, and more complex assets and issues will require even more. Resolve to be patient and allow the process to play out. Critical factors, such as business valuations, asset valuations, and other processes, require time to be completed. Trust Attorney Judy L. Burger to work diligently with the best resources and leading experts to get the facts you need before serious decisions can be made.

Start With Short-Term Solutions

Begin by keeping things on an even keel. Make sure both households stay afloat for several months. Keep the rent, mortgages, car payments, and other bills current while everything else is being figured out. Focus on caring for yourself and your family, especially if children are involved. Seek amicable arrangements to keep life going steady for a while.

Focus on Needs and Interests, Not Positions

Avoid starting off with solid pronouncements like “I demand the house and the children every weekend.” Focus instead on your needs and interests and those of your family. What does everyone need to live on? How can you maintain a good relationship with the children? How will their needs best be met?

Get Seasoned Legal Guidance

Negotiating the minefields of divorce and property divisions without a seasoned family law attorney is like braving uncharted shoals hidden by large waves – you’re asking for disaster. A Certified Family Law Specialist like Judy Burger has the recognized expertise for navigating complicated divorce negotiations and property divisions.

She can guide the negotiations and offer strategic counsel while representing your interests and those of your children. An experienced third party like her can prevent serious misunderstandings, emotional arguments, and other detriments to a favorable outcome.

CA Divorce & Property Division Guidance

Troublesome relations and complex asset divisions are no problem for Attorney Judy Burger. She has successfully guided numerous complex divorces and property divisions so families can move forward. Contact The Law Offices of Judy L. Burger in California for legal representation, mediation, negotiation, and litigation concerning divorce and complex property divisions.

How Far Is Too Far When Considering a Domestic Violence Restraining Order?
Domestic Violence, Restraining Order

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order provides significant legal protections for you and your children. These legal orders are specifically for people with whom you have had a close relationship, including family, in-laws, current or former dating partners, current or former spouses, and others.

Filing for a domestic violence restraining order against someone is a big step that should be considered carefully. It is often an emotional and traumatic time, and numerous factors and circumstances can cloud your thinking. How do you know when it’s time to obtain legal protection? Or, how far is too far when considering a domestic violence restraining order?

Defining Domestic Violence

The United States Department of Justice defines domestic violence as follows:

“Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Accordingly, you should consider a domestic violence restraining order when you are subjected to behaviors that:

  • Intimidate
  • Manipulate
  • Humiliate
  • Isolate
  • Frighten
  • Terrorize
  • Coerce
  • Threaten
  • Blame
  • Hurt
  • Injure
  • Wound

Such behavior toward you or your children is sufficient grounds for filing to obtain an order of protection. However, keep in mind that the court will need proof that some sort of threatening behavior has affected or is likely to affect you and/or your children.

How Far Is Too Far?

Asking, “How far is too far?” or “How much should I put up with?” before considering a domestic violence restraining order is not necessarily the right question. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

How to File for a Domestic Violence Restraining Order

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California. She will help you construct the necessary petition to present to the court. Imagine drawing a blueprint for a court testimony – your petition should contain similar elements, including:

  1. Specific details of the threats or abuse to you or your child. Record all the dates, locations, and other facts you can remember.
  2. Evidence that backs up your petition, like emails, texts, pictures, social media posts, damaged property, or physical marks on your/your child’s body.
  3. Witness or expert statements that back your petition, like doctor’s notes, photos, witness testimonies, and more, in written or digital media.
  4. Ask for what kind of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support, or other measures.

File the Petition

Turn in your request to the court. A judge may also grant you an ex parte (emergency) hearing and order of protection in certain circumstances.

Serve Notice

The party from whom you seek protection will be served an official notice of the pending court action and any ex parte orders against them.

Appear in Court

You and the other party appear in court to present your cases to a family law judge. He or she will issue orders accordingly.

Get Help from a Certified Family Law Specialist

Attorney Judy Burger can help you more in a confidential consultation. She knows how to take immediate steps to protect you and your privacy and can offer more guidance about what you should do next. Contact The Law Offices of Judy L. Burger at the location nearest you in North, Central, and Southern California to get the help you need to stop the abuse.

 

What Can I Expect During a Child Custody Court Hearing?
Child Custody

What Can I Expect During a Child Custody Court Hearing?

Facing a child custody hearing in California can be nerve-wracking and worrisome. However, fear of the unknown is what generates the most anxiety. Certified Family Law Specialist Judy L. Burger has helped numerous clients prepare for child custody hearings. Every client gets her personal attention and the benefit of her expertise.

The Law Offices of Judy L. Burger reviews what you can expect during a child custody court hearing and how we can help you.

The Typical Child Custody Hearing

Every child custody hearing is different due to the individuals and circumstances involved. However, each follows a similar format. Here is what you can expect.

The Setting

Your child custody court hearing will be held in a courtroom and presided over by a family law judge. Both parents and their legal representatives may be present. Family witnesses, expert witnesses, teachers, therapists, and other specialists may also be present and submit evidence to the court.

The Judge

The judge is a duly appointed legal arbiter with significant training and background in family law matters. His or her role is to decide what is in the best interests of the child or children in question. They will weigh all the evidence presented before making any official rulings. The judge may also ask you and your spouse questions and may speak with your child privately I order to obtain as much information as possible for making the best decision.

Presenting Evidence

Your attorney will help you collect and prepare evidence and your own testimony supporting your case. Each parent will have the opportunity to present evidence for consideration. This can include witness testimony, specialist testimony, medical records, financial records, school records, audio recordings, video, and more. Your attorney will also help you prepare to answer questions about your evidence and testimony from the judge and on cross-examination.

Cross-Examination and Rebuttals

Each parent or their attorney is given the chance to cross-examine the other parent’s witnesses and evidence. At this point, you may challenge any claims or evidence and provide support to refute those claims. A Family Law Attorney like Judy Burger knows how to make sure your rights are protected and the other parties follow the letter of the law in all areas. She can also provide strong rebuttals when necessary.

Possible Child Custody Hearing Outcomes  

After gleaning every bit of evidence and testimony possible from all parties, the judge will issue a ruling granting orders and permissions that govern both parents’ future actions. Here are some possible outcomes:

Child Custody

The judge will grant custody rights to the parents.

  • Sole Custody: This parent has legal and physical custody of the child or children.
  • Joint Custody: In this case, both parents share legal and physical custody of the child or children. This requires an approved parenting plan outlining each parent’s responsibilities.

Visitation Rights

If one parent is granted sole custody, the other parent may be granted visitation rights. The judge will decide the visitation schedule based on what is in the best interest of the child.

Support Agreements

The judge may also order a support agreement in which both parents share the responsibility for meeting their children’s needs.

Existing Child Custody Arrangement Modifications

If an existing custody arrangement is in place, either parent may request a modification if circumstances have significantly changed. The judge will consider the request and decide based on what is in the child’s best interest.

How a Family Law Attorney Can Help

Attorney Judy Burger knows family law in California and how to pursue the best custody and support arrangements for your case. She can help you understand and prepare for the custody hearing process, collect evidence, prepare you for testimony, prepare for expected challenges during the hearing, construct a parenting plan, and further advocate for your interests.

When you’re facing a child custody hearing, contact the Law Offices of Judy L. Burger in California for seasoned expertise.

Top Questions Concerning Child Support and Military Personnel
California Divorce, Child Custody, Child Support

Top Questions Concerning Child Support and Military Personnel

Child support is a critical aspect of Family Law. Thousands of military personnel and their families reside in California, so it is essential to understand how child support orders affect service members and their families in the state. Certified Family Law Specialist Judy L. Burger addresses some of the most common questions concerning child support and military personnel.

Child Support and the Military FAQ

Every situation is different, so you need to consult with Family Law Attorney Judy Burger when questions or issues arise about child support and service members. Here are some basics to know about child support and military personnel.

  1. How is child support calculated for military personnel?

In California, child support is calculated based on several factors, including each parent’s income, time spent with the child, and other expenses. However, there are additional considerations for service members, including allowances and special pay, like Basic Allowance for Housing (BAH), hazardous duty pay, sea pay, and more. Although some of these forms of pay are non-taxable, California law includes them all when calculating child support.

  1. Can military personnel be ordered to pay child support even if they are stationed overseas?

Yes. The Servicemembers Civil Relief Act (SCRA) protects active-duty military personnel from legal action, including child support proceedings, while on active duty. However, this protection does not apply to service members who are not on active duty or who are in arrears in their child support payments.

  1. Can military personnel be held in contempt of court for failure to pay child support?

Yes. Failure to pay child support can result in serious consequences, including fines, imprisonment, and loss of security clearance. It is essential to keep up with child support payments, even if stationed overseas or on active duty.

  1. Can military personnel modify child support orders?

Yes, military personnel can modify support orders based on a change in circumstances, such as a change in income or a change in the custody arrangement. However, it is essential to follow the proper legal procedures for modifying support orders to avoid potential legal consequences. The Family Court generally grants expedited hearings for service members who receive deployment orders and need to address child support or custody order modifications.

  1. What happens to child support payments if service members are deployed or transferred?

If soldiers, sailors, airmen, or marines are deployed or transferred, child support payments must continue to be made. However, there are legal provisions that allow for modifications to child support orders in these circumstances. It is crucial to contact experienced Family Law Attorney Judy Burger to help you navigate the legal process.

Get Help from a California Child Support Lawyer

Child support can be a complicated issue, especially for military families. It is essential to understand the legal requirements and protections afforded to military personnel. California Family Code §3047 provides guidance for many issues that can arise when a military service member faces mobilization, deployment, or a temporary assignment that takes them outside the state or country and causes complications with following court-ordered support or custody agreements.

Attorney Judy Burger can provide guidance and support to ensure that child support obligations are met and that the best interests of the child are protected. Child custody and support issues are already challenging, and the pressure of unexpected changes due to military service adds even more complexity. Get the help you need in California from The Law Offices of Judy L. Burger. We have eight offices to serve you.

Penalties for False Child Abuse Allegations
Child Custody, Domestic Violence

Penalties for False Child Abuse Allegations

When child abuse allegations are made, it is crucial to take them seriously and investigate them thoroughly. The welfare of the child is paramount, and if the allegations are true, the offender should be held accountable. However, when false allegations are made, the consequences can be severe for everyone involved.

Certified Family Law Specialist Judy L. Burger explains more about the potential penalties for false child abuse allegations in California to prevent false accusations and protect the rights of all parties involved.

False Allegations of Child Abuse in California

False allegations of child abuse are taken seriously in California. It is considered a form of child abuse and can result in serious consequences for the accuser. False allegations can be made intentionally or unintentionally, and they can be made for many reasons, including:

  • To gain an advantage in a child custody battle
  • To get revenge on a spouse or partner
  • To deflect attention away from the accuser’s own misconduct
  • To seek attention or sympathy from others

None of these reasons are sufficient grounds for these actions.

California Family Code Division 8, Chapter 1, Section 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation, paragraph b states:

“The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made. A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child. The court has considered the state’s policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.”

Penalties for False Child Abuse Allegations in California

False allegations of child abuse can result in severe legal consequences for the accuser. The penalties in California include:

  1. Criminal Charges: Making false accusations of child abuse is a crime in California under State Penal Code § 11172. If found guilty, the accuser can be charged with a misdemeanor or a felony, depending on the severity. The penalties can include jail time and fines.
  2. Civil Penalties: False allegations of child abuse can also result in civil penalties. The accused can file a civil lawsuit against the accuser for defamation, emotional distress, and other damages. If found guilty, the accuser may have to pay substantial damages.
  3. Loss of Custody: False allegations of child abuse can also result in the loss of custody of the child. If the court determines that the allegations were made with the intent to harm or deceive, the accuser can lose custody of the child and may even have their parental rights terminated.
  4. Criminal Record: If the accuser is convicted of making false allegations of child abuse, they will have a criminal record. This can make it challenging to find employment and housing and can also impact their ability to obtain custody of their children in the future.

Protecting the Welfare of Children

It is crucial to protect the welfare of the child in all cases of child abuse, whether the allegations are true or false. False allegations can harm everyone involved, including the accused, the accuser, and the child. Investigating all allegations thoroughly and taking appropriate legal action, if necessary, is essential.

If you or someone you know is facing false allegations of child abuse, it is crucial to seek legal guidance from a Certified Family Law Specialist to protect your rights and your child’s welfare. Attorney Judy Burger can provide the guidance and support you need to navigate this challenging situation and protect your family’s best interests. Contact us today to schedule a consultation.

Can a Restraining Order in California Prevent Me From Getting a Job?
Domestic Violence, Restraining Order, Restraining Order

Can a Restraining Order in California Prevent Me From Getting a Job?

A restraining order is a legal order that prohibits a person from contacting or coming close to another person. In California, restraining orders can be obtained by individuals who have experienced domestic violence, harassment, stalking, or other forms of abuse. While a restraining order can provide much-needed protection, it can also have significant consequences.

Can a restraining order in California prevent me from getting a job? Certified Family Law Specialist Judy L. Burger addresses this important question.

Restraining Orders and Employment Background Checks

Under the California Fair Chance Act of 2018 (recently modified), employers are prohibited from inquiring about criminal history information or disseminating it in any form or manner before making a conditional job offer, including through background checks, internet searches, or other means.

However, the California Fair Chance Act Overview FAQ states:

“After offering you a job, employers are allowed to conduct a criminal history check, but the law requires an individualized assessment about your conviction history. That means that an employer can’t take back the job offer without considering the nature and gravity of the criminal history, the time that has passed since the conviction, and the nature of the job you are seeking. If the employer decides to take back the job offer based on your criminal history, they must tell you so in writing, provide a copy of any conviction history report they relied on, and give you at least five business days to respond.”

When an employer conducts a background check and discovers that you have a restraining order against you, it can impact your ability to get a job. Potential employers may view these orders as a red flag, indicating that you may have a history of violence or harassment. As a result, the employer may choose not to hire you, even if you are otherwise qualified for the job.

It is worth noting that under California law, employers cannot discriminate against employees or job applicants based on their status as victims of domestic violence, sexual assault, or stalking. This means that an employer cannot refuse to hire you simply because you have an order of protection against someone else.

Types of Restraining Orders

In California, there are four types of restraining orders that a person can obtain:

  1. Domestic Violence 
  2. Civil Harassment 
  3. Elder or Dependent Adult Abuse 
  4. Workplace Violence 

Of these types of restraining orders, only a workplace violence restraining order is specifically related to employment. An employer obtains a workplace violence restraining order against an employee or former employee who has threatened violence or caused harm in the workplace. If an employer obtains a workplace violence restraining order against an employee, it can seriously impact the employee’s ability to find employment in the future.

What to Do If You Have a Restraining Order

If you have a restraining order against you in California, it is important to understand how it can impact your ability to get a job. While a restraining order may not prevent you from being hired in all cases, it can be a factor employers consider when hiring.

If you have a restraining order against you, it is important to be sure that a potential employer is following the law when considering you for employment. Be upfront with potential employers about your situation and seek legal advice if you believe you are unfairly discriminated against during the application or hiring process.

CA Family Law Attorney Judy L. Burger can explain more about restraining orders, how they work, what to do if you need one or have one, how to have one modified or removed, and more in a confidential consultation. Contact our office at one of the eight locations nearest you.

 

Jointly-Owned Businesses and Divorce
California Divorce, Property Division

Jointly-Owned Businesses and Divorce

When a couple decides to end their marriage, one of the most complex issues that they may face is the division of property. This can be especially difficult when the couple owns a business together. Jointly-owned businesses in California add another layer of complexity to the divorce process. What are your options for keeping or dividing the business? How does California law impact these decisions?

Certified Family Law Specialist Judy L. Burger discusses the specific considerations that need to be taken into account during a divorce involving a jointly-owned business.

Community Property Laws in California

California is a community property state, which means that any assets acquired during the marriage are presumed community property and if found to be community property, must be divided equally between the spouses in the event of a divorce. This includes any businesses that the couple owns jointly. In California, the ownership of a business is determined by both the legal and economic interests of each party.

Legal Interest vs. Economic Interest

Legal interest refers to the ownership interest that is reflected in the legal documents of the business. Economic interest refers to the actual value of the business. In some cases, these interests may not be equal. For example, one spouse may have a greater legal interest in the business. Still, the other spouse may have contributed more to the business and may have a greater economic interest.

Valuing Jointly-Owned Businesses

In order to divide the business equally, it is important to determine the value of the business accurately. This can be a complex process and may require the assistance of a business appraiser or accountant. The appraiser will take into account the assets and liabilities of the business, as well as any future earnings potential.

Options for Dividing the Business

Once the value of jointly-owned businesses has been determined, there are several options for dividing it. One spouse may buy out the other spouse’s interest in the business. This can be done by paying the other spouse their share of the business in cash or by exchanging other assets of equal value. Another option is for the spouses to continue to co-own the business. This can be a difficult option, as it requires the spouses to continue to work together, despite the end of their marriage.

Protecting the Business

In some cases, it may be possible to protect the business from being divided during a divorce. This can be done through a prenuptial or postnuptial agreement that outlines how the business will be treated in the event of a divorce. It is important to consult with an experienced Family Law Attorney like Judy Burger to ensure that any agreements are legally enforceable.

Get Help from a Seasoned CA Family Law Attorney

Divorce can be a difficult and emotional process, especially when it involves a jointly-owned business. It is important to work with a seasoned family law attorney who can help you navigate the complexities of dividing a business during a divorce. Ending a marriage and severing a business relationship at the same time requires keen wisdom in human relationships as well as an encyclopedic knowledge of the law.

Judy Burger is a Certified Family Law Specialist who can guide you through the rocky shoals of divorce and help you with property division concerns over a jointly-owned business. She has solid working relationships with various professionals who can help her protect your interests and ensure that your rights are protected. These accountants, appraisers, business attorneys, real estate brokers, and other professionals work with her to help you get the most from any business division of property due to divorce.

Contact The Law Offices of Judy L. Burger today to learn more and schedule a consultation.

 

May an Imprisoned Parent Have Child Visitation Rights in California?
Child Custody, Termination of Parental Rights, Visitation

May an Imprisoned Parent Have Child Visitation Rights in California?

Almost 200,000 kids in California have a parent in jail. This can create complex parenting and custody issues. One of the thorniest problems can be child visitation rights for the incarcerated parent. The parent’s crimes, existing relationship with the child and other parent, and the attitude of the Family Court all have an impact on decisions.

Under California law, any solution must ensure the child’s best interests. This means there can be many options and solutions. Family Law Attorney Judy L. Burger examines the question, “May an imprisoned parent have child visitation rights in California?”

Fast Facts About CA Child Custody and Incarceration

Although there are thousands of families with an incarcerated parent, there is much confusion surrounding this issue. Here are some fast facts about the topic:

  1. Incarceration does not automatically terminate your parenting rights. This can only happen in a limited number of situations.
  2. Imprisonment in California is not automatically considered abandonment of a child as it is in a few other states.
  3. Child custody and parental rights are different issues. The other parent or a grandparent may be granted custodial care of your child while you are in jail, but this does not surrender your parental rights.
  4. Incarceration does not abrogate you from your child support obligations. Making child support payments can help prove you have not abandoned your child and take your parental responsibilities seriously.
  5. You are still entitled to be present in any hearing regarding your parental rights and the matters relating to your child while in prison.  

Child Visitation Rights for CA Inmates

A Family Court may determine that the child’s best interests are met by granting visitation rights to an incarcerated parent. If so, there will likely be stringent guidelines to ensure the child’s safety and well-being. A California Family Law Attorney like Judy L. Burger can help the inmate negotiate the best possible conditions for visiting with their child.

A new law in California takes effect on January 1, 2024, to make it easier for incarcerated parents to obtain visitation rights with their children. The Keep Families Close Act now allows incarcerated parents to request a transfer to a facility near their families. Since 2019 data from the CDCR revealed that over 75% of incarcerated persons are located over 100 miles from their homes, this legislation is a welcome boon for inmates.

According to California Department of Correction and Rehabilitation (CDCR) data from 2019, over 75% of people in prisons are incarcerated more than 100 miles away from their homes  According to CDCR data from 2019, over 75% of people in prisons are incarcerated over 100 miles away from their homes. Parents who committed crimes against their child or other serious crimes are exempted.

Moreover, the Family Dignity Act will make the visitation process for families simpler by adopting digital technology. Families will now be able to scan and upload birth certificates so they can be digitally retrieved on each visit and not have to be brought every time.

Help with Child Custody, Support, and Visitation Matters in California

Child custody, support, and visitation issues with an incarcerated parent can be difficult and many factors can impact the court’s decisions. A parent sentenced to prison, currently in prison, or about to be released from prison will need counsel and representation from a CA Family Law Attorney. Similarly, the custodial parent or guardian of the child will need advice and representation to ensure the child’s best interests are ensured.

Certified Family Law Specialist Judy L. Burger and her team understand the specific challenges relating to an incarcerated parent and their family. We can help you work out the best arrangements for your family’s welfare and happiness during any phase of the parent’s jail tenure. Contact the Law Offices of Judy L. Burger by phone or online to request a confidential consultation.

restraining order
Restraining Order

How to Dissolve a Restraining Order in California

Often, a person may be involved in legal proceedings that can be both time-consuming and stressful. One such proceeding is getting a restraining order against someone or being served with one. While restraining orders provide legal protections for those in harm’s way, sometimes those orders may be placed against individuals who do not deserve them. In situations like these, knowing the proper steps to take to dissolve the restraining order can be challenging. This blog post will discuss dissolving a restraining order in California.

 

What is a Restraining Order in California, and How Can it be Dissolved?

 

In California, a restraining order is a legal document that prohibits an individual (the restrained party) from having any contact with another individual (the protected party) for a specified time. Restraining orders exist to provide legal protection for victims of domestic violence, stalking, or harassment. To dissolve a restraining order, you will need to consider the options that are available to you.

 

The Types of Dispositions Available for Dissolving a Restraining Order

 

There are two types of dispositions available for dissolving a restraining order. The first is a dismissal, where the protected party requests to lift the restraining order. The second is a motion to modify or dissolve, where the restrained party requests to lift the order. To succeed with either option, it is best to hire a California restraining order attorney to guide you through the process.

 

How to File an Application to Dissolve a Restraining Order

 

When dissolving a restraining order, the process may seem daunting at first. However, it is essential to know that it is possible to dissolve the order by filing an application with the court. This application must include the reasons why the restraining order should be dissolved. Once the court receives the application, it will decide based on the evidence presented.

 

How the Court Decides Whether or Not to Grant a Motion to Dismiss a Restraining Order

 

The court will consider several factors when granting a motion to dismiss a restraining order. Firstly, they will consider why the restraining order was granted in the first place. They will also consider any evidence that supports the request to modify or dissolve the order. If the evidence presented is convincing enough, the court may grant the motion to dismiss the restraining order.

 

Common Mistakes That People Make When Trying to Dissolve a Restraining Order in California

 

Due to the sensitive nature of restraining orders, it is essential to handle them with care. Unfortunately, some people may make common mistakes when dissolving a restraining order. Some of these mistakes include failing to gather enough evidence to support the request to dissolve the order or demonstrating to the court that they pose no threat to the protected party.



When dissolving a restraining order in California, it is best to hire an attorney with experience handling these cases. At the Law Offices of Judy L. Burger, we are committed to providing our clients with the legal protections they need. We understand the stress and anxiety that comes with legal proceedings, which is why we work hard to make the process as stress-free as possible for our clients. Contact us today to schedule a consultation.