Going through a divorce in California requires each spouse to complete and disclose financial forms and information.

If you thought that getting a divorce in California could be just as easy as getting married, you may have to think again. California family courts require each spouse to make sure they disclose to one another any and all debts or properties each has during the divorce process. So each spouse will be required to fill out many of the financial forms, declarations concerning income and expenses, and disclosures of assets and debts as required by the California Judicial Council.

Why is disclosure so important? Well, certain answers can be found in the California Family Code. Family Code Section 721 states that "spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other". In addition to the concept of "fiduciary relationship". the California legislature has also stressed the importance of protection of assets and a fair division of any debts involved in a marriage such that, assets in particular, are not disposed of by any spouse taking unfair advantage of the other prior to any orders for child support or spousal support. In California Family Code Section 2100(c), it states that " a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage or legal separation of the parties, regardless of the characterization as community or separte, together with a disclosure of all income and expenses of the parties."

As you can see, Calfornia law requires spouses to disclose their assets and debts, their income from all sources and expenses, and by doing so, the spouses can fairly divide such assets or debts, fairly assign such assets or debts to the other spouse upon settlement or conclusion of a divorce case, and receive fair orders concerning child or spousal support orders depending upon the circumstances of a case.

When a spouse refuses to disclose, there can be legal consequences such as ssnctions, awards for attorney fees, or contempt orders. The forms and declarations involved in a divorce or legal separation case in California can be overwhelming. However, when property disclosures and financial declarations are done correctly, a spouse can be comfortably assured that he or she is not being unfairly treated or taken advantage of by the other spouse.

The Gonzalez Law Firm is located in the cities of Fullerton and Santa Ana, and has helped many individuals receive fair treatment and outcomes in divorce, child custody, property division, child support and spousal support cases. Call 877-345-2997 to schedule a consultation with Attorney David Gonzalez.

What is important in Child Custody Cases?

California Family Code Section 3020(a) provides the starting base when dealing with the issue of child custody. It states that the California Legislature finds and declares that it is the public policy of California to assure that the health, safety, and welfare of the children shall be the court’s primary concern in determining the best interest of children when making orders regarding the physical or legal custody or visitation of children.

Family courts and judges will then examine and weigh evidence in legal actions or proceedings involving the issue of child custody using a “best interest” standard in which to make their decisions. Since the primary concern and public policy for California is to assure the health, safety and welfare of children, family court judges will assess whether a ruling for legal or physical custody or visitation is one that is in the best interest of children.

California Family Code Section 3020 goes on to say, under subsection (b) of that Code, that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as provided under Section 3011 of the Family Code.

There is acknowledgment as seen in Section 3020(b) that children should receive and have frequent and continuing contact with both parents. When family court judges attempt to fashion orders involving custody or visitation, they will attempt to fashion such orders (after weighing the best interest of the children) such that both parents are assured of having frequent contact and visitation with their children. Therefore, parents do not necessarily gain any advantage over the other parent if one of them decides to file a petition for divorce, a petition for custody and visitation, or even a petition for paternity first before the other parent does. There seems to exist an unrealistic view that “filing first” will allow one parent to gain advantage over another in a custody or visitation dispute. The California Family Codes emphasizes and recognizes the importance that children should receive frequent and contact with both parents, in the event if that arrangement is in fact in the best interest of the children. In fact, in the case of Enrique M. v. Angelina V., 174 Cal App 4th 1148, 94 Cal Rptr 3rd 883 (2009), it stated that the United States Supreme Court has endorsed the best interest standard for adjudicating custody disputes between parents, and further held that a California trial court is required to resolve such disputes in the best interest of the child.

Parents are reminded by the Family Code that the best interest of the children comes first over any other interest, including the parents, in family law cases.

Parenting tips for having a safe and fun Halloween with your children.

Halloween is upon us again. Children are looking forward to wearing their best ghoul and goblin and princess costumes.

Halloween tends to be a festive celebration. One where there can also be party goers who drink alcohol and choose to drive to and from their Halloween parties.

So parents when you take your children out for trick or treating, keep in mind some of the following helpful tips:

Start your trick or treating early:

During daylight and prior to dusk is a good time in which to start your child's trick or treating. Your children can be seen by drivers. As dusk passes, bring a flashlight that can illuminate for over 30 feet if possible. Cell phones can also download certain flashlight apps making the cell phone a flashlight. For example, Torch Flashlight App can be obtained trough the App Store from iTunes. Although such apps provide illumination, a typical hardware flashlight may be your best bet.

Have an adult be the leader of the pack and also have an adult protect the rear:

Children do like to run off on their own to various homes to be the first to get the candy. It is wise, however, to have an adult maintain a reasonable distance ahead of the pack to make certain a child does not run across a street. An adult should also cover the rear to make certain no child is left behind or is not accounted for in the event the pack gets a bit to far ahead. Always keep a count of the children and always use your flashlights to direct crossing a street if necessary.

Designate a location to meet ahead of time in the event your pack separates:

It does happen. Parents cannot hold the pack together. That is fine should it occur; just a normal part of the fun. But parents can designate a certain landmark as a meeting place for the pack to get together again in the event there is a break in the group. Such landmarks can include the corner of the street, the house at the end of the street, the stop sign area, just to name a few examples.

Keep an eye out for careless drivers:

Keep a watch out for drivers who do not have their car headlights on, the driver who is using the cell phone while driving, the driver who may be driving a bit too fast for driving conditions. They are out there. Parents should be watchful and attentive to their surroundings while their kids are trick or treating. Use your cell phone to call 911 to report such careless drivers especially any driver that may be driving a bit erractically in a neighborhood. Such a driver may be driving under the influence of alchohol so it is wise to involve your local police agency should you suspect such a driver.

Just a word of advice to any one who may drive to and from their Halloween parties: if you are going to drink, do so wisely and responsibly. Designate a driver who has not consumed any alcohol to drive you to your destination. Use a fun shuttle or limousine service. Do the right thing: DO NOT DRINK ALCOHOL AND THEN GET BEHIND AN AUTOMOBILE TO DRIVE. If you do so, you risk putting the lives of children and others in danger. There are stiff penalities in California for drinking and driving. A first time conviction for driving under the influence criminal charge charge can include jail time, years on probation, loss or suspension of a driver license, court fees and fines, and participation and completion of a state mandated alcohol program. A person can spend about $5,000.00 in fees, penalties, and fines. Furthermore, the drunk driving conviction can remain on a driver's licensing record for 10 years. Convictions for second or third DUI offenses can be even more severe. If a driver has consumed alcohol and gets involved in a car accident, that person faces a felony charge and possible felony conviction. A jail sentence for a period of months may be ordered by the judge.

Halloween should be a time of fun for all. Children get the most fun wearing that cool ninja constume or that beautiful princess costume. Parents love to see their children radiate wearing such costumes and getting their favorite candy in their Halloween bag. Let all of us do our best to maintain a safe and sane Halloween.

The Gonzalez Law Firm has over 18 years of experience helping families with their legal issues. Attorney David Gonzalez has offices in Fullerton and Santa Ana and can assist you with your child custody issue, parenting rights, or dissolution of marriage matter. His firm also assists persons who may be accused of criminal charges including misdemeanor or felony DUI charges. Contact his firm for a consultation concerning your legal issue.

Fullerton Attorney discusses domestic violence and its impact on child custody.

The California Family Code defines domestic violence under Family Code 3044 (c): a person has perpetrated domestic violence when he or she is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in any behavior involving but not limted to, threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex-parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child's siblings.

Child custody cases can involve allegations that one parent has perpetrated or has threatened the other parent of domestic violence or abuse. A family court must consider any history of abuse perpetrated by one parent in order to determine whether it is in the best interest of a child that a parent who has perpetrated domestic violence be given custody of that child. If a court rules that a parent has committed domestic violence within the previous 5 years, that ruling creates a presumption in the law. The presumption is called a rebuttal presumption. Simply put, a family court would likely not award sole or joint legal or physical custody of a minor to that offending parent because such an order would be detrimental to the best interest of that child.

That presumption is a rebuttal presumption, meaning that a parent found to have committed domestic violence by the court can overcome that presumption by demonstrating evidence such that the court can understand that ordering custody rights to that parent would not endanger the health, welfare and safety of the minor child. Such evidence can include a completion of certain parenting programs, anger management programs, counseling, participation in volunteer programs assisting the community or helping with centers for the prevention of domestic violence, just to name a few examples.

A parent's right to have child custody or to have visitation with his or her child will be impacted when there exits independent corroboration that such parent has prepetrated domestic violence or has threatened domestic violence.

If you are a parent and you are facing allegations that you have perpetrated domestic violence, it is best to seek representation from a child custody family law attorney. Call the Gonzalez Law Firm at 1-877-345-2997 for a consultation. The Gonzalez Law Firm has offices in Santa Ana and Fullerton. Your parental legal right to have frequent and continuing with your children needs to be protected.

How does the California Family Code handle the issue of a child born during a marriage when the husband is not the biological father?

It does happen. Sometimes in a marriage, it turns out that a spouse has an extra-marital affair, becomes pregnant, does not tell her husband, and then the child is born during the marriage. Sometime later the secret affair is disclosed, and then it is also disclosed that the child born is not the biological child of the husband. The situation can become complicated when the actual biological father than wants to enter into the child’s life and assert his parental rights over the child while the married couple does not desire that situation. How does the California Family Code generally handle such a scenario?

California Family Code 7540 generally states that the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to a child of the marriage. From the reading of Family Code 7540, the following elements need to be demonstrated to the family court:

1. There is a marriage;
2. The wife is cohabiting with her husband (i.e., living or residing such that the couple is making a home together by living together);
3. The husband is able to conceive children, meaning he cannot be impotent or sterile;
4. A child was born during the marriage

California case law has interpreted the application of Family Code 7540 over the years. Family courts may chose to apply or not apply the “conclusive presumption” rule of Family Code 7540 in a given case. The courts may try to balance the due process legal rights of each person affected in such a scenario where the biological father is seeking to assert his parenting rights when the child has been cared for or brought up by the wife and husband. If a family law judge believes it is in the best interest of the child that he or she be ruled to be a “child of the marriage” and thereby protecting the integrity and unity of the family, then the conclusive presumption state in Family Code 7540 will be applied.

Therefore, it is important to carefully examine the facts and evidence of a situation where another man is claiming to be the father of a child when that child was born during the marriage of a woman and another man. It is equally important for anyone involved in such a situation to obtain experienced legal representation from a family law attorney. At the Gonzalez Law Firm, with over 17 years of legal experience in matters involving paternity and custody issues, you can be assured that you will receive the best legal representation for your legal dilemma. Attorney David Gonzalez will guide you during any legal proceeding in which you face. He serves all counties, including Los Angeles, Orange and Riverside Counties, in California. You can trust your child custody matter with his firm. Call his firm at 1-877-345-2997 today for a child custody consultation.