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Everything You Need to Know About Custody Schedules for Infants and Baby Parenting Plans Creating the right visitation schedule for a newborn can be daunting for the new parents. They both want to spend as much time as possible and bond with their new baby, but figuring out what parenting plan works best for an infant may seem impossible. Although both parents will probably want as much time as possible with their newborn or infant, the primary consideration must be how to best meet the baby’s needs. When it comes to designing a custody schedule for a baby, there are…
What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has already passed away. Before attempting to file a Heggstad petition on your own, it is highly advisable to consult a trust, estate, and probate attorney in California. California’s probate laws are extremely complex, with little to no room for error. An experienced attorney can…
What Can I Do If the Mother Won’t Let Me See My Child in California? When a parent seeks help from a family law attorney because the other parent is withholding their child, the first question is always whether there is a custody order in place. If there is already a current custody order, then the parent withholding the child is likely violating the court order. There are several remedies available for enforcing or modifying a custody court order under these circumstances. In the event that the parties do not have a child custody order, however, the withholding…
Can a Parent Stop a Child From Seeing the Other Parent? Whenever parents are separating, one parent is often asking this question. It often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents. The parent with whom the child lives is limiting contact between the child and the other parent, but there is no current court order. The parents have an existing custody and visitation order, and one parent is violating the court order by interfering with the other parent’s parenting time. The parents…
While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties in various matters in California bankruptcy courts, including nondischargeability for fraud. The American Rule: Each Party Must Pay Their Own Attorney’s Fees Except Where a Statute or Contract Provides Otherwise Known as the American Rule, the law in California is that “[e]ach party to a…
Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked for ways around this increased homestead exemption by arguing that the debtors should not be permitted to claim the increased homestead exemption in California if the judgment was recorded before 2021. Specifically, creditors in bankruptcy have cited California Code of Civil Procedure § 704.965, which…
3 Things to Expect if the Bill & Melinda Gates Divorce Gets Messy For those of us who do not know them personally, the announcement that Microsoft Corp. co-founder Bill Gates and his wife, Melinda Gates, who is co-chair of their philanthropic foundation, are ending their 27-year marriage, is shocking. This picturesque couple landing in the same plight so many average Americans face every day – the end of a marriage – is a harsh reminder that no segment of society is immune from divorce. While the Gateses do not live what most people would consider “normal” lives, it is very…
Continuances of Meetings of Creditors – What is the Bankruptcy Trustee Investigating? Imagine this: you have filed all necessary bankruptcy paperwork and have attended your mandatory 341 meeting of creditors. You honestly answered all questions that the bankruptcy trustee asked you. Then, you get a notice that your bankruptcy trustee is continuing the meeting of creditors. You may be wondering “why? I already answered all of their questions!” This continuation of a 341 meeting of creditors could be for a variety of reasons. If you need assistance with your bankruptcy filing, including the 341 meeting of creditors, contact an experienced bankruptcy
This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be sold through a partition action in California. Making the decision to sever joint ownership of a property pursuant to California Civil Code § 682 requires the assistance of a trusted real estate attorney, preferably with experience in real estate litigation. What…
A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, business partner, family member or other closely related person. This article explains the meaning of a tenancy at will, provides concrete examples of a tenancy at will, and then lays out the required real estate litigation procedures to be followed by the landlord when terminating…