What happens if I pay my child's uninsured health care costs?

Experienced Bay Area Family Law attorneys will tell clients that if they want to receive reimbursement that under California Family Code § 4063 (b) a parent who accrues or pays a child's uninsured health care costs must provide the other parent with an itemized statement of those costs within a reasonable time, not to exceed 30 days.

I have a Restraining Order hearing in front of a Commissioner, do I have to consent?

No.  In a recent appellate court case in California, the Court held that a restraining order is void if either party does not consent to a commissioner presiding over the hearing. California appellate courts have reversed and voided actions taken by commissioners where no stipulation appeared on the record.  

See Michaels v. Turk

What law governs prenup agreements?

Experienced Bay Area Family Law attorneys will tell clients that premarital and preregistration agreements are recognized under California law (Fam C §1500) and are governed by the Uniform Premarital Agreement Act (Fam C §§1600–1617) (the Act), except to the extent California has modified the terms of the Act, and by Fam C §§1500–1503 (addressing both premarital and other marital property agreements). 

A premarital or preregistration agreement is defined as an agreement between prospective spouses or domestic partners made in contemplation of marriage or registration, to be effective on marriage or registration. Fam C §§1610(a), 1613. A premarital or preregistration agreement must be in writing and signed by both parties. It is enforceable without consideration. Fam C §1611. It may be amended or revoked after marriage or registration only by a written agreement signed by both parties. Fam C §1614.

 

Learn more about prenups here.

 

My ex has a new girlfriend and I don't want my kid to meet them, how do I handle that?

Recently separated and divorced families often struggle with the issue of a new significant other.  

Experienced Bay Area family law attorneys recommend to clients to work out a plan prior a conflict.  Here is some sample language to help smooth out the process: "neither parent will introduce our child to new significant others without prior notice of at least a week to the other parent. Both parents agree that they shall create a plan to determine (1) when our child will be introduced to new significant other, (2) where our child will be introduced (a park or restaurant can be easier), and (3) an appropriate time period in which our child can adjust prior to the new significant other sleeping over. 

Examples of Child Custody Schedules

Experienced Bay Area Family Law Attorneys will tell clients about the variety of custody schedules that can best suit your child. One schedule that I like is the 2-2-5-5 schedule.  Here are some advantages and disadvantages of that schedule. 

Advantages

•       Great for children under age 5 who have equally good attachment to both parents.

•       Okay for temperamentally even-keeled children between ages of 5 to 12.

•       Regularly recurring and consistent plan.

Disadvantages

•       Particularly for children under age 5, this plan may require the child to be away from the more involved parent for 5 days at a time.

•       If there is already a lot of conflict, the transitions between parents’ households are stressful particularly for immature children.