by Shawn Weber | Mar 23, 2011 | Uncategorized
It seems that the gay marriage litigation will continue. The ninth circuit court of appeals refused to allow same-sex marriages to take place in California while it considers the constitutionality of the current state ban. I imagine that the 9th Circuit, no matter what it decides, will not have the last word on this issue. I see it going all the way to the Supreme Court of the United States. Whatever happens, it will have far reaching effects on the practice of family law in California.
See the San Diego 6 report: Court: No gay marriages in CA during appeal.
www.BraveWeberMack.com
by Shawn Weber | Mar 21, 2011 | Uncategorized
Good article with tough questions about move-away cases. I note that in California, it has gotten a lot harder for a primary parent to move than it was a few years ago. I am involved in a case right now where the primary question is the detriment issue. I feel bad for judges that have to decide these tough cases.
Read the Article at HuffingtonPost
www.BraveWeberMack.com
by Shawn Weber | Mar 18, 2011 | Uncategorized
I have been following an excellent series by my friends and colleagues, Justin Reckers, CFP, CDFA, AIF and Robert Simon, Ph.D. I recommend this series highly to clients and divorce professionals. It really does a good job of showing how one’s biasis and emotions can complicate and influence financial decisions. In my experience, 95% of the hard work in divorce negotiations is emotional. If the negotiations were purely math driven, my job would be a lot easier. However, math is really small part compared to the emotional baggage people often carry into the room. Here is a link to a great article on Cognitive Bias in Financial Negotiations of Divorce. Thanks Robert and Justin for your excellent work. http://advisor.morningstar.com/articles/fcarticle.asp?s=&docId=20909&from=related
by Shawn Weber | Feb 24, 2011 | Uncategorized
Interesting article about non-custodial women. As a family law attorney, I am meeting more and more women who choose this arrangment for various reasons. It is still true that many women feel stigmatized. I find this phenominum similar to the visceral reaction that many women exhibit when they are asked to pay their husband alimony. After all, millions of years of evolution and biology have programed us to understand that the man is the provider. Society will look upon a male recipient of spousal support as a dead beat. Traditional societal values do have a strong impact about one’s feelings towards such basic institutions as the family and our roles within those institutions.
Read the Article at HuffingtonPost
by Shawn Weber | Feb 22, 2011 | Uncategorized
Best Interest of the Child is the California Child Custody Standard
You hear it mentioned over and over again, “The Court makes a custody order in keeping with the child’s best interests.” However, seldom do you hear anyone define what “best interest of the child” really means. The factors that the court
Calfornia Family Code section 3041 defines “best interest of the child” for child custody
The factors that the court must consider in determining the best interests of the child are spelled out in California Family Code section 3011 as follows:
“In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
. . . .
(c) The nature and amount of contact with both parents, except as provided in Section 3046.
(d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. . . .”
Cal. Fam. § 3011 (West 2011).
Check out this further reading:
https://weberdisputeresolution.com/irreplaceable-dad/
https://weberdisputeresolution.com/in-california-what-is-the-difference-between-legal-custody-and-physical-custody/
https://weberdisputeresolution.com/holiday-visitation-bring-peace-on-earth-to-your-kids/
https://weberdisputeresolution.com/divorce-options-workshops/
