Emergency Child Custody Orders in California

A California emergency child custody order is an ex parte order.  This means it is issued in the absence of the other parent.  This is because it is an emergency hearing and order based on evidence that a child is at immediate risk of danger or abduction. Emergency child custody orders are not permanent custody orders.  Instead, they are temporary child custody orders.  They are limited to those situations that…

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Who is Considered an Unfit Parent in California?

In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent’s actions but also a home environment where abuse, neglect, or substance abuse is present. In most cases, an unfit parent has a Child Welfare Services safety plan in place in their home or has an open investigation into their home…

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California Divorce Waiting Period

Every California divorce and dissolution of a domestic partnership is unique and follows its own timeline. However, California divorce law has a mandatory waiting period of six months for a divorce or dissolution of a domestic partnership that pertains to all divorcing couples in the state. California is strict regarding its six-month waiting period and allows no exceptions or methods to quicken a dissolution of marriage or domestic partnership. However,…

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Who Needs a Prenup?

A prenuptial agreement or premarital agreement is a contract couples enter into before marriage that sets forth each party’s property and debts prior to marriage and specifies what each party’s property rights will be in the event of divorce, separation, or death. Prenuptial agreements are no longer used by the wealthy alone. Couples of more modest means are employing prenuptial agreements for a variety of reasons, including but not limited…

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Grounds for Divorce in California

While some states still allow spouses to file for divorce based on grounds, such as adultery and fraud, California is a no-fault divorce state. This means citing fault or blame as a reason for divorce in California is not required or permitted. California has only two legal grounds for divorce, whether the divorce is contested or uncontested. These are irreconcilable differences and the permanent legal incapacity to make decisions. Irreconcilable…

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Fernandez & Karney Listed Among the Top Divorce Lawyers in Santa Monica by Expertise.com

The team at Fernandez & Karney is pleased to announce that our firm has been named one of the 20 best divorce lawyers in Santa Monica by Expertise.com. Expertise.com is a digital directory that curates objectively-quantified lists of reputable professionals to make it easy for readers to find the right expert for their unique needs. To compile this list, Expertise began with a pool of 64 Santa Monica divorce lawyers…

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