Hartley, Maxwell, & Castellano Attorneys at Law
Let Us Help You. Call Today. 805-919-8346
Let Us Help You. Call Today. 805-919-8346

October 2018 Archives

Ensuring that your child is safe with the other parent

As a parent, there is nothing more important than making sure that your child is safe at all times. You may worry about their safety at school or at the houses of friends, but feel, deep down, that they are being cared for by responsible adults. If you have much greater concerns about your child's safety when they are in the custody of the other parent, it may be that you have a legitimate cause to feel concerned.

Divorce and drug testing

Alcohol and drug use have long been a source of conflict for couples getting divorced, perhaps even more so today with the well-publicized opioid epidemic raging across the country. Therefore, it should come as no surprise that a parent may want a coparent or ex-spouse to undergo drug testing.

Visitation enforcement and interference

Determining parenting time and custody of minor-aged children are often some of the most contentious issue a couple faces when they divorce. Unfortunately, sometimes one party is unwilling or unable to honor the parenting plan agreement, which includes parenting time schedule as well as legal decision-making input on how to raise the children. If this is the case, the courts can once again get involved, which may lead to serious problems for the non-complying parent.

Protecting yourself while leaving an abusive marriage

Although domestic violence affects millions of families across the United States and many here in California as well, there is still a lot of stigma attached to reporting it. Too often, people experiencing abuse at the hands of their spouse may avoid reporting issues to the police, seeking medical care or even telling their family members about how dangerous their marriage has become.

California has new confidentiality laws for mediation

Governor Jerry Brown recently signed SB 954. While it does not take effect until January 1, 2019, this law requires lawyers to inform clients about confidentiality guidelines regarding mediation. Lawyers will now need to provide and get a written confirmation that they have briefed the client and the client understands the consequences. This protects attorneys from legal malpractice accusations by a client who is unhappy with the outcome.

Tax Fraud During Marriage Creates Big Problems in a Divorce

Many people who are self-employed will indulge in a culture of trying to pay Uncle Sam as little as possible, often dishonestly, by misrepresenting their business expenses so they are reporting very little income. The end result of this practice can have grave effects on both parties.

New bill allows California courts to decide pet custody

The issue of pet ownership or custody has become more common in recent years. Now Governor Jerry Brown has signed Assembly Bill 2274, which allows the courts to assign joint or sole ownership of the pet. Much as a judge would consider the welfare of the child, the courts will consider the care of animal as well. The pet can even be placed with one party temporarily until all of the details of the divorce are determined.

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Hartley, Maxwell, & Castellano Attorneys at Law