In a recent opinion, California’s Fourth District Court of Appeals explained that when a couple has children and later marries, the marriage nullifies a child support order entered prior to it, even if they later divorce. Mark Wilson and Tamara Bodine were not married when their son was born in…
Conflict in the context of divorce can be emotionally and financially debilitating. Family court judges commonly make decisions and orders based on how the law applies to what has already transpired between the parties, to the past. And this approach keeps the spouses in a conflict trap where they are…
Sometimes, quite often in fact, the flames of conflict in divorce cases are fanned by attorneys who have more to gain from conflict than from resolution. Against my better judgment, I recently accepted a litigation case with the hope that perhaps I could help facilitate a negotiated settlement. It appeared…
Marian, 57, and her husband for nearly 30 years, John, had buried their differences over money, child-rearing and more. But when the last of their two children was finishing high school, the differences became too glaring to ignore. Increasingly, they had little to talk about, and when they did, it…
At my favorite local restaurant last weekend I recognized a former divorce mediation client. She did not recognize me as I was dressed in early 19th century garb for a historical event. As I approached her table to say hello, I saw that she was with her former husband, also…
According to the Centers for Disease Control and Prevention, approximately 17%, or about 12.5 million, of the nation’s children and teens are obese. Since 1980, according to CDC statistics, obesity rates have nearly tripled. Should parents of extremely obese children lose custody for not controlling their kids’ weight? An article…
Since Americans both divorce and move in significant numbers it is no surprise that move-away and relocation issues between divorced parents arise frequently. The consequences of a move-away case can profoundly impact both the parents and their children and the cases are far more conflicted than the typical high-conflict child…
Given the high divorce rate in this country, just about all of us have been impacted in some way by divorce and custody/support matters. Perhaps it was our own family or parents or our own divorce, or simply a very close friend or family member. And with few exceptions, a…
A recent California Court of Appeal opinion upheld a grant of visitation to a grandparent over a father’s objection. Child custody and visitation issues often give rise to the most high conflict disputes in a California divorce. If parents can’t agree about living arrangements, vacation schedules and the best educational…
Until now, the law in California regarding a child’s ability to address the court in his or her parents’ custody case has been very limited, and rarely are children able to testify. Courts have typically heard the child’s perspective through reports, or from third parties, such as the court-appointed mediators…