De Ita, Lowe & Wald, LLP

Phone: 650-918-4999

San Mateo Family Law And Workers' Compensation Blog

Modifying the custody order when life changes

Settling into new schedules and living arrangements in California after a divorce can be challenging. Once the custody proceedings are closed, you may think that you are finished with the courts. At De Ita, Lowe & Wald, LLP., we know that life changes. Instead of struggling with the initial arrangement and dealing with a situation that no longer fits life’s circumstances, you can go back for modifications to the court order.

Renegotiating a custody agreement every two to three years is typical. As children grow, their needs and interests change. Living arrangements and parenting schedules may need to accommodate these changes. If you and your ex can agree on the revisions, a new agreement may be filed, with no intervention by the courts. However, if you cannot decide on the changes, the court can be petitioned for an official modification.

6 signs your spouse may be unhappy

You know how common divorce is, but you do not know exactly what leads up to it. This is your first marriage, after all. You got married young. You do not have the experience to spot the warning signs.

However, knowing how to spot them is important. It helps you understand that divorce is on the horizon so that you can plan ahead and put yourself in the best position for your future. To help, here are six signs that your spouse may be feeling unhappy, which can eventually lead to a split:

Factors that contribute to spousal support

During your divorce in California, the transition from spouse to individual comes with varying degrees of stress and uncertainty. The negotiations regarding spousal support may cause the feelings of losing control and ambiguity. If the court system is involved in the proceedings, there is tension even if all parties involved understand the events unfolding. At De Ita, Lowe & Wald, LLP, we recognize that understanding the factors that judges must consider if one spouse or partner requires financial assistance may help ease the transition.

According to the California Courts, marketable skills, the current job market and the earning capacity of you and your spouse are all elements that influence a judge’s decision. If the spouse receiving support does not have the job skills necessary, the amount awarded may take into consideration the amount of time and training needed to develop skills to find employment.

What happens after you are injured in a workplace accident?

You were injured in a workplace accident at your place of employment in California. Fortunately, you have workers' compensation benefits that have allowed you to receive assistance and resources while you are recovering and unable to work. However, what happens now? Will you be able to return to work? How long are you going to have to wait before you are given full clearance to resume your job responsibilities? Understanding the answers to these types of questions can help you have a clearer picture of your future after having suffering a work-related injury. 

According to the State of California Department of Industrial Relations, while you should adhere to the recommendations of your health care provider and employer, your decision to return to work as soon as you receive medical clearance is imperative to your ability to recover completely. Statistics show that workers who return to work as soon as possible are more likely to make a full recovery and are also able to begin earning wages right away. 

What do you need to know about child custody in California?

There are two types of custody in California: physical custody and legal custody. The state judicial branch defines physical custody as "who your children live with" and legal custody as "who makes important decisions for your children." Parents can share these responsibilities, or one can take on a specific role.

In a joint custody situation, the key to your child’s successful future is communication with your counterpart. As long the two of you can agree on important decisions and a visitation schedule, you won’t have to go back to court where a judge will decide for you. If a judge does get involved, there are four types of visitation orders that can be given:

  • Reasonable visitation – This entails an open-ended schedule with no specifics as to when you and your child can spend time together.
  • Visitation according to a schedule – This detailed plan attempts to prevent conflict through appointing specific days when your child will be with a specific parent.
  • Supervised visitation – This is used in two instances: when your child needs time to get to know you as a parent, and when your child’s safety requires another adult’s presence.
  • No visitation – If visiting with a specific parent causes physical or emotional harm to your child, this option may be established for your child’s best interests.

Getting married this summer? Why you should consider a prenup

If you are one of the many Californians planning a summer wedding, then you likely have a lot on your plate. You may be finalizing attire details, deciding on song choices and figuring out where you might steal off to on your honeymoon.

In the midst of all this wedding planning, it can be easy to forget that there is marriage after the wedding. And with this in mind, it may be prudent to add a prenuptial agreement to the list of details to discuss before the wedding.

What benefits does California workers' compensation offer?

No one goes to work expecting to end up injured. However, workplace injuries and illnesses are a real risk for Californian workers. That's why workers' compensation exists — to protect those who work for a living from ending up indigent, homeless and without medical care due to a work-related injury. Many people only have a very basic understanding about workers' compensation insurance until they discover that they need its coverage.

People often don't understand how workers' compensation functions. Worse yet, they may not know what benefits exist in the program. Not knowing can result in failing to receive the benefits you deserve for your work injury. Educating yourself about workers' compensation can help you stand up for your rights.

Protecting your parenting time is essential after divorce

Once the difficult matter of your divorce finalizes, you may be more than ready to get this all behind you and start a fresh chapter of single life. Of course, if you share custody or visitation privileges with your former spouses, then your fresh start may not be as much of a clean break as you might hope.

For some parents, sharing custody with the same person they chose to divorce is a very difficult task, and may lead them to some frustrating and even illegal behavior. As a parent with court ordered custody time with your child, you understand that your parenting time is a very precious thing, and you must make it a top priority to keep that time protected.

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Phone: 650-918-4999
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