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Los Angeles Family Law Blog

How do you convince a judge to allow to relocate with your child?

How do you convince a family court judge that it's in your child's best interests to allow you to relocate to a new area -- especially when that means taking your child away from his or her other parent?

California is considered fairly permissive when it comes to move-away situations, which means that it puts the burden of proof on the non-custodial parent to prove that the move would harm the child. That doesn't mean, however, that you should go into court unprepared to explain why this relocation is actually a good thing.

3 reasons your prenuptial agreement might be invalid

Prenuptial agreements, which are contracts signed before a couple ties the knot, have long been used by couples who have high-value assets or "family money" to protect what they have coming into the marriage. They're also typically used to protect the spouse with deeper pockets from losing a significant portion of his or her wealth in a divorce.

However, prenups aren't always as solid as people like to think. Here are a few of the top reasons a prenup can be declared invalid:

3 ways your attorney can help you in a high-asset divorce

Dividing up personal possessions and assets in a divorce is rarely easy, but the potential for disaster increases when there are high-value assets involved.

Here are some of the ways that a good attorney can help you avoid an overly-emotional or under-informed decision during your divorce:

Do you have options other than filing an appeal in family court?

Generally speaking, when both parties in a family court decision walk away feeling like they've given up a lot, the judgment has probably been as fair as possible. However, if you feel like you have clearly come out on the "losing" end of the case, it may be time to consider an appeal.

First, however, consider other potential options. Talk to your attorney to find out if it's possible to accomplish your goals another way:

The Presley divorce takes another ugly turn

The divorce between Lisa Marie Presley and her estranged husband, Michael Lockwood, has taken a new sensational twist amid allegations of child abuse and neglect.

This divorce was already rife with complications that could keep the duo in unhappy wedlock for a while as they fight it out.

What is a 730 custody evaluation and what should you do next?

A 730 child custody evaluation is ordered whenever there's a need to look into someone's mental health and parenting practices during a custody battle.

It can be ordered independently by the family court judge or it can be requested by one of the parties involved in the case. While they can be broadly aimed, a 360 evaluation often focuses on specific issues— you can generally expect that your mental health and your fitness as a parent is being brought into question.

Should you mediate instead of litigate your divorce?

The end of a marriage is a complicated time, financially and emotionally. No matter how amicable two parties may be, divorce is hard, which is why many California couples choose to alleviate as much difficulty as possible from this process. One of the most common ways to navigate this transition is by choosing to mediate the divorce instead of opting for litigation.

Mediation allows for a non-adversarial process by which to reach a final divorce order, all without stepping inside a courtroom. This can save time, money and unnecessary stress from an already difficult time.

You might need help to petition for child custody modifications

Negotiating child custody and establishing parenting plans in a divorce are emotional processes. Although the statutes that govern child custody are complicated, a California court will always make decisions that are in the best interests of a child. While parents in an amicable divorce are free to negotiate child custody arrangements and draft parenting plans, circumstances may change, and you may find that the existing child custody arrangements are no longer in your child's best interests.

Under California's family law, parents who petition for a change in child custody arrangements must meet a high standard to justify such a change.

Keep your mind open to alternatives when separating property

California is a community property state, which means that any assets acquired during the duration of the marriage are split 50/50—unless the divorcing couple can agree to something that they think is fairer.

How can something be fairer than a 50/50 split? Consider just some of the possibilities involved when dealing with the family home.

Do abuse allegations favor the abuser in family court?

When a fractured family breaks, that's when an abused child is most likely to tell.

It's also the time that's most dangerous to mention abuse because if the other parent takes the allegations into family court, the judge may be predisposed toward seeing the protective parent as simply hostile to his or her spouse and unwilling to facilitate a friendly relationship between the children and that spouse.

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