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Love Your Lawyer Day: Help Us Spread the Love!

Practicing Family Law is tough. All of us came into this profession to help people.

We work hard so that our clients can restore a sense of normalcy, and that they may progress to better and brighter place.

The first Friday of November is designated by the American Lawyers Public Image Association (ALPIA) as Love Your Lawyer Day.

It’s a day for clients to express gratitude for positive impact that legal professionals have made on their lives.

Everyone can use a little love. Attorneys are no different.

The ALPIA created #LoveYourLawyerDay as the official hashtag to post pics, videos, and comments across social mediate platforms.

If you know someone working in legal services, tell them how important they are to the community they serve.

Help Us Spread the Love!

As John Lennon and Paul McCartney wrote, “And in the end, the love you take is equal to the love you make.” The love that attorneys make is best encapsulated in pro bono work that they perform.

Do you know a veteran in need of legal counsel regarding a family law issue? Share this information with them!

Pro Bono Counsel for Veterans

Holstrom, Block & Parke, APLC partners with Veterans Legal Institute to provide free legal advice for Veterans regarding Family Law issues.

Veterans are invited free access to legal counsel and assistance with completing necessary forms for matters related to:

  • Child Custody and Visitation
  • Summary Divorce
  • Spousal Support and Child Support

Sessions are available between 1-3 p.m. Friday, November 22nd at the Veterans Legal Institute, 2100 N. Broadway, Suite 209, Santa Ana, CA. You must schedule in advance. Contact Katie Binkley (714) 852-3492 to RSVP.

Next Steps

Send your tweets and make your Facebook, Instagram and Snapchat posts to all the lawyers you love.

If you’re really feeling the love, leave a Yelp review describing the positive impact that your attorney’s representation had on your life.

Call (855) 939-9111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

Back to School Co-Parenting Tips

Back-to-school time sets the tone for the next nine months of family life. It provides an opportunity for co-parents to set boundaries and expectations that help the rest of the year runs smoothly.

This is the beginning of the year for your kids. It’s up to you to avoid co-parenting conflicts that place undue stress on your children. Here are some pointers.

Split the cost of back-to-school shopping

It’s a good move to offer to split any additional expenses of school supplies and new clothes regardless of your child or spousal support situation. This type of gesture is proven to soothe even the most volatile co-parenting dynamics.

Think about it. Spending $50 on school supplies is a small price for reducing tension in this high-stakes time of the year. If your co-parent takes the child shopping for something extra, do not use that as an opportunity to complain or point out errors.

If your ex drops off a pair of shoes that are too big, or buys a PJ Masks backpack instead of the JoJo Siwa one your daughter wanted, just say thank you. In a day or two, follow up: Thanks again for the shoes, but when we tried them on and they were a little small—would you mind letting me know where you got them and I’ll just go exchange for a different size?

Small acts of graciousness go a long way in back to school co-parenting.

Manage the school calendar when co-parenting

Most schools send out regular parent notifications; it might be automated phone calls, e-mail notifications, or texts depending on the district.

Find out if the school will send out duplicates of everything so each parent gets their own notification. Schools usually will not send notifications to both parents unless you ask.

It’s a good idea to use a calendaring app for tracking drop-offs, pick-ups, dates, and deadlines for kids’ busy schedules. There are several apps designed for co-parenting that are simple to use, and relatively inexpensive.

The best thing is that everyone stays on the same page without having to call or text the other co-parent very often. Less contact usually means less conflict in co-parenting contexts.

Avoid the homework parent vs. fun parent dynamic

It’s important that both parents agree to share the work load as much as possible. If one parent assumes responsibility for making sure homework and projects are done, and the other parent gets all the fun time, it builds resentment.

If one parent has the lion’s share of the weekday homework assignments, consider having the other parent in charge of any long-term projects over the course of the school year.

Successful co-parents maintain consistent expectations for their children’s behavior and academic performance. If a child fails to do homework, receives bad grades, or acts out in school, both mom and dad should enforce the consequences. Uniformity will prevent children from pitting the parents against each other.

 

Should you meet the teacher together?

If you can, yes. If co-parents can handle being in a room together and take a united position for your child—you are doing great. It’s 100 percent in the child’s best interest to make it happen. It reduces miscommunication and conflict.

Everyone who is co-parenting should understand their own capacity for dealing with the other co-parent. Only meet the teacher together if you’re sure it can happen without conflict.

It is OK to ask the teacher to accommodate two conferences. Most are happy to do it. No teacher wants to sit in a conference with two people who are combative with each other.

How to stand united when you don’t get along

Every co-parent knows they should do their best not to disparage the other parent in front of the child. That’s co-parenting 101. Remember to apply this rule in any context that involves your children.

  • When talking to the teacher, never blame the other parent if the child is struggling. Finger-pointing is always unnecessary and never helps.
  • Don’t involve the school office in your family law matter by insisting you always be called first because you have 70 percent custody. On the same token, show the school that they can count on both parents to be involved.
  • Commit to keeping any problems you have with your co-parent out of their school, their little league team, girl scouts, soccer, dance, and whatever else they do.
  • Hopefully everyone that loves your children can attend awards ceremonies, games, meets, and performances together. But if not, make a calendar and switch off.
  • If you are not in a place where you can see your ex with a significant other without becoming outwardly upset—that’s OK. Your child would prefer you miss one event rather than it causing a scene.

See the pattern here? This is all about conflict reduction. Setting the tone for a less stressful back to school co-parenting situation is one of the best things you can do for your children and yourself.

 

About the authors

NaKesha Ruegg is a family law attorney and mother of four children. She serves as the co-chair of the Riverside County Bar Association family law section. Jeremy Roark has practiced family law exclusively in the Inland Empire for over ten years, and is a father of a school-age son.

 

Call (855) 939-9111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

How to Choose the Best Divorce Process in California

In every divorce there are two universes. You have the real-life universe where you and your children feel the impact, physically, emotionally, and financially in your day-to-day life. Then there’s the legal universe, where forces beyond your control—the law—will determine your future. Both are important.

Does it matter who files for divorce first?

 

California is a no-fault state, which means neither spouse is required to prove wrongdoing in order to proceed with a divorce filing. There’s no advantage as the petitioner; there’s no disadvantage as the respondent. What matters is if you have an attorney who can get you through the process, not in which order you go into the process. Holstrom, Block & Parke is capable, proficient, and very good at representing both petitioners and respondents in the legal process. We want to get the best result we can for the client in as short a time as we can.

Call (855) 939-9111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

The Impact on Your Estate if You Die Before a Divorce is Final

The untimely death of chef and actor Anthony Bourdain has brought to national attention the potential ramifications of a person’s death during a divorce proceeding. In the same vein, it has highlighted the importance of understanding what would happen to your estate if you were to die during the pendency of your dissolution without having made any changes to your estate plan.

As occurred with Mr. Bourdain’s untimely death, he had been separated from his wife of 20 years for a year and a half. Though the pending “divorce” was made very public, it is unknown whether any divorce filing actually occurred,

What if does indeed happen if you have not taken steps in expectation of a permanent separation (indeed some are more permanent than others)? The broad answer to this complicated issue depends on whether your passing occurs before or after entry of judgment terminating your marital status. This discussion describes what occurs under California Probate and Family Law. The rules for these scenarios may be different in other states.

Death Before Entry of Judgment Terminating Marital Status

If you should die before entry of a status-only judgment, the Family Law Court would lose jurisdiction over all issues, except those already adjudicated. In California, this is called Abatement, and it happens automatically in this situation. Under these circumstances, your share of the community property and all of your separate property would pass as if the Divorce had never been filed! This is true, regardless of who originally filed, how long the divorce went on, how long the period of separation, or how hostile the parties were to each other during the process. It is also true regardless of cohabitation with a new significant other, regardless of the length of that cohabitation.

Therefore, your assets would pass to the beneficiaries of your current estate plan, which is usually your surviving spouse. If you do not have an estate plan, your estate, if over $150,000.00, would pass through probate, and your spouse would potentially receive all of the community property assets and a share of the separate property. Any non-probate assets, such as retirement assets and life insurance plans, would pass to your designated beneficiaries, again, normally your estranged spouse.

Death After Judgment Terminating Marital Status

If you should die after a status-only judgment (a provision of California law that allows the divorce to occur before, or separate from, the resolution of the other issues) that expressly reserves jurisdiction over the remaining issues in the case, the Family Law Court would retain jurisdiction and the property division would take place there. The personal representative of your estate would be substituted in your place in the divorce for this purpose, and the Family Law Court would be able to decide the outstanding issues in the case. It is worth noting, that the court’s jurisdiction over custody, child support, and spousal support would terminate automatically upon your death in the vast majority of cases.

Death after a status-only judgment also has a very different impact on how your estate would be distributed. A judgment of dissolution automatically terminates non-probate transfers between former spouses, including wills, trusts, and beneficiary rights under retirement plans. It also terminates the right of survivorship interest in joint tenancies and community property with right of survivorship. Unless the respective wills provide otherwise, the judgment also revokes all testamentary transfers between former spouses and any provision in a will nominating the former spouse as trustee, conservator or agent. However, a judgment of dissolution does not terminate the surviving spouse’s rights as a designated beneficiary under the life insurance policy. While the ability to change a beneficiary of a retirement plan or life insurance policy may remain during a divorce, California law prohibits such a change after the filing or service of Divorce papers.

One issue that everyone should consider with an impending divorce is that if you do not sign documents specifically stating otherwise, your estranged spouse will continue to hold the power, upon your incapacity, to make medical decisions on your behalf and, like in the case of Anthony Bourdain, will be the person to make all decisions regarding the disposition of your remains.

While no-one anticipates their death, the best course of action, always, is to prepare for that eventuality with an updated, current estate plan, which takes into consideration all aspects of your life, including an impending divorce. Sometimes doing nothing is indeed a conscious choice; by way of illustration a person with knowledge of a terminal illness also going through a divorce who chooses to maintain or change his/her estate plan. Sometimes it’s simply doing nothing.

Obviously we recommend that you always make that conscious choice knowing all of the consequences of that choice.

3 Tips For Parents Communicating With Their Former Spouse

How To Maintain Communication For Your Child’s Sake

Ideally, parents will work together to amicably raise their child and will consistently make decisions based solely on the best interest of their child. Unfortunately, however, most parents struggle, at least to some degree, with “co-parenting”. The first thing to break down when working to raise a child in two separate homes is communication. The below are some helpful tips to consider when communicating with your ex regarding child custody and visitation matters.

KEEP COMMUNICATION RELEVANT

When co-parenting with your ex, it is important to stay focused on the relevant issue at hand, namely, your child. You should not make a practice out of bringing up issues regarding your ex’s personal life unless there is a strong nexus to your child’s safety or wellbeing. Bringing up irrelevant information may, in some instances, result in an unfavorable ruling in your family law matter.

NO “NAME CALLING”

Being disrespectful to your ex, even when it is deserved, will rarely if ever, help your case. While “telling your ex off” may feel good at the time, it is crucial to understand that this correspondence may come back to hurt you in the future, possibly in the form of an exhibit for the Judge to review. Moreover, even if your ex does not bring this information to the court’s attention, it is likely that you will have made your co-parenting relationship worse.

ADDRESS LEGITIMATE CONCERNS IN WRITING

If you have a legitimate concern regarding the health, safety, or welfare of your child, it is important to bring this information up to your ex immediately, preferably in a written correspondence. While it is hopeful that you will not have to go to court over the issue, it is important to create a written record in the event that your ex refuses to work to resolve this issue, and you have to move forward to get relief from the court. On the other hand, if your ex brings up a safety concern regarding the child to your attention, it is important to address that concern, even if it is an irrational one. Blowing off your ex will show the court that you are not willing to co-parent.

Please note, the above are just a few tips and things to consider when co-parenting with your ex. It is important to discuss the specific issues of your case with a trusted family law attorney.

Social Media and Child Custody

Social media is present in most of our lives today. Whether you use Facebook, Twitter, Instagram, or some other social media outlet, most people freely post their comments and pictures without much thought about how the posts may affect them later.

Can social media affect your child custody case?

Many couples include their significant others on their friends list. Mutual friends may also have access to your social media page(s). Social media posts provide a mountain of evidence that can be used against you in court to prove that it is not in the best interest of the children to place them in your care, should issues relating to child custody and visitation arise later. Even an “innocent” re-post of a picture or comment you just believe is funny can be used to show your state of mind.

Social Media Posts and Your Character

For instance, e-cards and pictures relating to alcohol use are often used to prove that a parent has a drinking problem and/or is not stable enough to care for minor children. Additionally, posted statements or pictures relating to your case that are unflattering or places the other parent in a bad light may indicate that you are not the parent who will foster the parent-child(ren) relationship, thus causing you to have a reduced time-share with the children. This is especially true when your children are members of your social media pages.

While there are several other ways that social media can reflect poorly on a parent’s character and therefore their ability to parent, the important thing to keep in mind is to always be mindful of what you are posting on social media especially when you enter legal battles that involve child custody and visitation. Or you can simply turn off your Twitters and Facebooks until your divorce is finalized.

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