Robert L. Gigliotti Family Law Blog

The California Court of Appeal in Edwards v. Edwards , (2008) 162 CA4th 136, 75 CR3d 458, held that the child support guideline formula contained in Family Code, Section 4055, does not apply to a competent adult child who has moved away to college even though the parents’ stipulated dissolution judgment obligated Husband to pay child support to Wife until the child’s 25th birthday or completion of four (4) years of post-secondary education, whichever first occurs.... Read More

California Family Code Section 3044 sets forth a new policy regarding custody and domestic violence.

Under the law, a party who is found to be a perpetrator of Domestic Violence within the past 5 years, creates a strong presumption the perpetrator should not share Physical or Legal Custody with the victim-parent. Therefore should the court find you to have... Read More

Be Prepared Be Prepared Be Prepared If available, you should gather the following information:

Regarding Custody and Visitation:

The nature of any current custodial sharing of the minor children, school information, tutors, extracurricular activities and any special needs of the children.

Regarding Property Division, Support and other financial issues:

Copies of your income tax returns for then last 3 years;

Your actual income... Read More

The following statutes relate to Premarital Agreement legislation:

Family Code §1612 provides that:

"(a) Parties to a premarital agreement may contract with respect to all of the following:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a... Read More

When a child has been abducted you should file a missing person's report with the local police department; enter the child's name in the United States Passport Check System; obtain court orders granting you sole custody and prohibiting any offending parent from traveling out of state; and report the incident to the National Center for Missing and Exploited Children ( 1-800-843-5678).

To begin your search for your child notify the Parent Locator Service; obtain certified copies of... Read More

There are certain steps you should take to protect yourself, your children and your finances upon either deciding to get a divorce, or learning your spouse wants a divorce. It is an unfortunate fact, but all too often the more reasonable spouse is the one that gets taken advantage of.

There are ways to act reasonably while still protecting your interests. NOTE, the suggestions set forth below are intended in certain situations where separation and divorce turns adversarial. Read More