SAN BERNARDINO CUSTODY

YOUR CHILD IS NOW LIVING OUT OF STATE . . .

You call your local San Bernardino Divorce Attorney and complain your x-spouse left California with your child and set up residence out of the state. You also complain that now she is bringing a motion in the other state to modify the custody order you and your San Bernardino Divorce Attorney fought hard to get. Can this be possible you ask?

Under the Uniform Child Custody Jurisdiction Act [UCCJA] and Family Code Sections 3400-3425 you are advised that "California may assume jurisdiction if it is the child's home state at the time the action is commenced. Under the UCCJA you may be able to cause your x-spouse's out of state law suit to be dismissed for lack of jurisdiction.

Here is the test:

Has California been the child's home state within SIX MONTHS before the action is commenced?

Is the child absent from California because of removal or retention by a person claiming custody of the child or for other reasons; and

Does a parent or person acting as a parent continue to live in California ???

Where ORDERS have been made in California regarding Custody and/or Visitation and a least ONE PARENT still remains in that State/County then that State/County still has jurisdiction over the child . . .

IF YOU SIT AND DO NOTHING AND THE OTHER PARENT WAITS SIX MONTHS BEFORE BRINGING AN ACTION YOU MAY LOSE JURISDICTION AND HAVE TO DEFEND YOURSELF IN THE OTHER STATE !

A child's "HOME STATE" is the state in which the child has lived with one or both parents, or with a person acting as a parent, for a least 6 months immediately preceding months or, if the child is less than 6 months old, from birth.

A person acting as a parent is one having PHYSICAL CUSTODY of the child.

Call your local San Bernardino Divorce Attorney for more . . .

Thanks,


FRANK J PRAINITO
909-884-2191

SAN BERNARDINO DIVORCE CHILD SUPPORT

As a San Bernardino Divorce Attorney I often get asked HOW DOES UNIFORM GUIDELINE FOR SUPPORT WORK ????

I think I am paying too much and want to know what the courts must consider.

Here is my answer:

1. A parent's first and principal obligation is to support his or her minor children according to that parents circumstances and station in life.
2. BOTH parents are mutually responsible for the support of their children.
3. The GUIDELINE takes into account each parent's actual income and level of responsibility for the children. Example: How much time are the children with each parent.
4. EACH parent should pay for the support of the children according to his or her ability. This ability to gain income . . . you can't just say I am not working or I am in school ,,, you have an equal duty to support and the Court will access and income is your not making one.
5. The interest of children is the States top priority. Not your interest ,,, the State does not care if you don't have money left to pay your bills.
STOP !!! DON'T VOLUNTEER INFORMATION TO DEPARTMENT OF CHILD SUPPORT SERVICES BEFORE MEETING WITH AN ATTORNEY.
6. The Children should share the standard of living of the custodial household ....
7. Support is always modifiable to reflect the increased costs of raising children and changes in income of the parents. You CAN'T WAIVE CHILD SUPPORT it is not right so it is not biding in a court of law. Be careful when you are told "give me custody and I won't seek support" this is not binding.
8. The court presumes the parent having primary physical responsibility [time] with the children contributes a significant portion of available resources for the support of the children and so it is the OTHER PARENT THE COURT CONSIDERS NON-CUSTODIAL AND CALCULATES SUPPORT BASED ON THE PERCENTAGE OF TIME HE OR SHE SPENDS WITH THE CHILDREN. So PERCENT is an important factor in how much support you will be paying.

Here is an example . . . in working out a support order your more likely than not to use a computer program which computes "guideline" child support . . . the higher percent of time in your collum the better . . . 25% is better than 20% and 35% is better than 25% and so on and so on . . .

I WILL PROVIDE MORE IN MY NEXT BLOG . . .

SAN BERNARDINO FAMILY LAW CUSTODY AND VISITATION ORDERS

The court has a wide discretion in choosing a parenting plan that may or may not be in the best interest of your children . . . including approving an agreement YOU may have reached during mediation. The court's primary focus should be "What is in the best interest of the children?" NOT what may be in YOUR best interest. Initially the court relys on recommendations of mediators at family court service but ultimately it will be the court's responsibility to make custody and visitation orders or approve a parenting plan you and the other party came to terms with. It is extremely important to be well prepared for mediation so you can communicate your concerns precisely to the mediator . . . in hopes she will agree with your wishes. Remember the court will review the recommendations of the mediator and very often adopt that plan as its initial order. This may not be what you wanted to see happen and you may feel helpless. However, you don't have to agree with the recommendations and you can ask the court to set the issue of Custody and Visitation for an evidentiary hearing. During this short trial you will be allowed to call witnesses and present evidence. The court must consider the evidence and circumstances being presented and apply an analysis before making a final order. The Health, safety, and welfare of the child is aways the most important concern for the court so prepare your case carefully. Despite the fact the State of California believes custody should be as equally as possible, one parent usually ends up with the bulk of the time with the other having very little. I cannot say enough how important it is to fight for as much time as possible initially and not wait and hope you can modify the plan later. The courts like to keep status quo so as not to disrupt the lives of the children so it is important not to give in to the other parent and agree to orders which will result in you having secondary time.

CALL ME AT 909-884-2191 TO SET A TIME FOR A CONSULTATION.

FAMILY LAW AND HARASSMENT

Did you know that harassment and annoying telephone calls may get you in trouble. Too often one party in attempting to rebound from an antagonist in a divorce situation uses harassing tactics such as repeated telephone calls to get even. This is not recommended and will get you into trouble. Communicating for the sake of harassment will not be tolerated and will lead to retraining orders. The San Bernardino Family Law Courts may issue an ex parte order at the request of a moving party to enjoin the other party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls as described in Penal Code Section 653m, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and in the Court's discretion ... and showing good cause include the other named family or household member in its orders.

As your Family Law and Divorce Attorney I would not recommend that your practice such tactics and you refrain from unnecessary communication with the other party.

San Bernardino Divorce Attorney. See me at prainitolaw.com.