Posts by Gerald A. Maggio, Esq.
Violations of Court Orders: Should You Call 911?
When your ex violates the court ordered custody and/or visitation or denies your parenting time, you may wonder if the most efficient way to deal with the situation is to call the police department. Unfortunately, enforcement of a divorce decree can be tricky and tends to depend on the mindset of local law enforcement. Generally…
Read MoreDoes a Stepparent Have a Shot at Getting Legal Decision Making?
Did you know that less than 50% of kids in the United States under 18 years old live in a “traditional family” household (Pew Research Center)? In today’s society, 15% of children live with parents who are in a remarriage. And 6% of children live with a stepparent (2013 Current Population Survey). The National Healthy…
Read More5 Things to Avoid During a Legal Separation
When a married couple enters into a legal separation, they typically have a goal in mind. They may be entering a legal separation as a step towards obtaining a divorce or they may be entering into a legal separation as a means of restoring their marriage. If you are recently separated or considering a legal…
Read More2 Common Exceptions to ‘Status Quo’ Under California Child Custody Laws
In a child custody case, it’s extremely important for parents interested in custody to be aware that what is currently the status quo may sometimes remain the status quo. For example, if two parents have a schedule, they have been following for a substantial amount of time that has apparently worked for their children, the…
Read MoreWho is Responsible for Paying Divorce Attorney’s Fees?
The general rule for attorneys’ fees and who pays them is that each party pays their own attorney. In some other jurisdictions it is regular practice for the “loser” to be held responsible for the “winner’s” attorney fees, but that is not the American rule. However, even though it isn’t the rule, one party may…
Read MoreWhat is a Default Divorce?
In California if you do not respond to a spouse’s petition for divorce or separation or you file a response and come to an agreement, the case will be considered a default divorce or uncontested case. In a true default divorce, you give up any right to have a say in your divorce or separation.…
Read MoreCould Where You Live Make it More Likely You Will Experience Divorce?
Have you ever considered whether or not where you live may make it more likely that you will experience divorce? What about your occupation? What about…all the other little bits and pieces that make up your life? How are they all working together to the benefit or detriment of your marriage? In case you have…
Read MoreHow to Manage a Child Support Order Across State Lines
When divorced parents live in different states, there are a number of issues that they have to deal with. One of these issues is child support. When a custodial parent needs child support from a non-custodial parent that lives in a different state, it can be confusing to decide which state’s court to turn to…
Read MoreFacts That Are Relevant in a Contested Child Custody Case in California
If you have questions about child custody in California, you are not alone. There are thousands of people with thousands of questions about child custody. But the most obvious and common question of all is, “How does a parent get custody of their child in California?” In order to determine your best-case scenario and how…
Read MoreWhen Will a Court Order Supervised Parenting Time?
Most parents want free access to their children, but in certain circumstances visitation in the presence of a neutral third party may be advisable in order to safeguard the children. Parents who are required to be supervised during their visitation by the California almost always feel the arrangement is restrictive and most will also insist…
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