Fido and the Famliy Law Case

I just read this article on a legal proceeding in Los Angeles regarding a fight over "ownership" of a dog.  In this case, the parties are not related, but you would be surprised at how often, and with how much vigor, parties in a family law proceeding will fight over who gets to keep the family pets.

While the issue is complex, since pets are not considered by the courts to be anything other than property, the main issue is the emotional attachment that the parties feel towards their pets.  I know for me, my pets aren't property, they are my furry children.  They care when I don't feel well, are happy to see me, and want my attention. 

Because there is no "title" to who owns a pet (usually), the courts have long had difficulty with this issue and there is no easy resolution to the problem.  Needless to say, from a financial standpoint, it is often cheaper to not engage in a protracted legal battle over the family pets.  That said, as with the people in the above article, how much would you spend to keep your loved one with you?

Can I Move Away?

The following is a question posted by a real family law party regarding move away.  My response follows:


Question: Can I legally move 90 miles away if I have joint custody of my son and am the custodial parent?
Question Detail: I must take a job in Orange county and move from San Diego County. I have joint custody of my son and am the custodial parent . Can I move 90 miles away legally? I have offered my ex-husband that I would drive my son to him and/or meet him half way. He refuses.

Response: The answer lies in your current order.  If it says that the child must remain in San Diego County, then you will need to seek a modification of the order in order to move to Orange County.

When seeking the right to move away, the terms of your current order are generally controlling.  Since a move away case can take a significant amount of time, it is advised to pursue the right to move away as soon as you recognize that you will need to move, rather than waiting until the last minute. 

Questions from the Public

From time to time, I receive anonymous questions regarding family law matters through a website I belong to called LawQA.com.  As many of these questions may be of general interest, I thought I would post the questions, along with my response, for your viewing pleasure.  Below are some questions posted by real prospective clients.  My response follow their question.

Question: How much of custody can I get if I hired a lawyer?
Question Detail: I have a 5-year-old son. Been divorce for 5 years. I have 50% physical and 40% decision. His mom left him at 6 month old on the sidewalk of my aunt's house in the car seat and left for a month with out calling. At the time I got 80% but then I got a female lawyer and she made me feel bad and I give his mom 50% custody (worst mistake ever). Now she wants me to pay child support. I have my son Thursday through Sunday, and even some Tuesdays, which is her time. Most of the time he is with me even on her days because she has other things to do. But now I'm getting married and his mother wants to put me in child support. She won't buy him any clothes, shoes or even make him food, his 14-year-old brother is the one who cooks for him not her. He started in school so I got him a tutor that I pay for and he goes on my time but when she keeps him she won't take him and now he may do kindergarten again. She doesn't help him with his homework or have a set schedule for him. I gave her my house when we divorced but he doesn't even have his room set for his age, it is still the same way as I left it 5 years ago. I have my own house and he as his own room with me. I help him with reading and school and he is under a set schedule at my home, but i feel she is being careless with my son. Can i get sole custody if I hired a lawyer or at least get the 80% I had last year?

Response: No attorney can guarantee you any percentage of time or decision making authority, however an experienced family law attorney can assist you with obtaining the best order for your child.

Question: As a father, can I keep my son until I file for split custody?
Question Detail: I have my son for the first time in five months. There is no custody court order for my son. The mother just allowed me visitation for the first time in five months.

Response: You should seek orders from the court on an emergency basis, rather than just keeping your son until orders are sought on a regular motion.  While each parent is entitled to the child in the absence of custodial orders, keeping your child from the other parent is as bad as what happened to you.