California Divorce Blawg

Meet the Justices of the California Supreme Court

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Kathryn M. Werdegar.

Associate Justice Kathryn M. Werdegar

Judicial Experience: The Honorable Kathryn M. Werdegar was appointed to the California Supreme Court by Governor Pete Wilson on May 3, 1994. In November 2002, she was re-elected to a new term of office which began on January 7, 2003. Prior to her elevation to the Supreme Court, she served on the First District Court of Appeal in San Francisco.

Education: Justice Werdegar commenced her law studies at the University of California School of Law (Boalt Hall), where she was first in her class and the first woman to be elected editor-in-chief of the California Law Review. She completed her law studies at George Washington University, where she graduated first in her class. She received her B.A. (with honors) from the University of California at Berkeley.

Career Highlights: Before her appointment to the bench, Justice Werdegar's career highlights included service with the United States Department of Justice in Washington, D.C.; director of the criminal law division of California Continuing Education of the Bar; senior staff attorney with the California Court of Appeal and the California Supreme Court; and professor and Associate Dean for Academic and Student Affairs at the University of San Francisco School of Law.

Honors and Awards: Justice Werdegar was appointed Regents' Lecturer at the University of California at Berkeley, 2000. She is the recipient of the University of California School of Law (Boalt Hall) Citation Award (Boalt Hall's highest honor), 2002; the Consumer Attorneys of California Justice of the Year Award, 1998; the Consumer Attorneys Association of Los Angeles Appellate Justice of the Year Award, 1996; the California Alumni Association Excellence in Achievement Award, 1996; the George Washington University Law Alumni Association Distinguished Public Service Award, 1996; and the George Washington University School of Law Charles Glover Award for Highest Achievement in the Field of Law, 1962.

Justice Werdegar has been awarded honorary doctorate degrees from Western State University College of Law, Southwestern University School of Law, and Pepperdine University School of Law.

Justice Werdegar was elected editor-in-chief of the California Law Review and served as a member of the George Washington University Law Review. She is a life member of the Order of the Coif and the recipient of five American Jurisprudence Awards.

Publications: Justice Werdegar has written law review articles, monographs, model codes, and chapters in legal texts for practitioners. Her publications have addressed such issues as the relationship between the courts and private alternative dispute resolution, the value of diversity in the judicial system, and California criminal procedure. Under the auspices of the California College of Trial Judges (now the Center for Judicial Education and Research (CJER)), she authored a benchbook on misdemeanor procedure for trial court judges that has served as a model for other procedural benchbooks used in trial courts throughout the state.

Professional Activities and Associations: Justice Werdegar is a member of the American Law Institute, the National Association of Women Judges, the California/Nevada Women Judges Association, and the California Judges Association. She is a board member of the California Supreme Court Historical Society and a former board member of the Boalt Hall Alumni Association.

Personal Data: Justice Werdegar was born in San Francisco. She and her husband, a family physician, have two grown sons and three grandchildren.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Without A Custody Order You Cannot Collect Child Support

Young Mr. Rodriquez's parents were divorced.  His mother was the primary custodial parent by a court order, and he had spent most of his life living with his mother.  During his senior year of high school it was decided that he would live with his aunt and uncle.  After a while the aunt and uncle decided they wanted child support from the mother, and they asked their county's child support collections agency for help.  The county tried, but failed.  The appellate court opinion affirmed the trial court's decision that only a person with court ordered custody can seek child support.  Here that would have been the mother, not the aunt and uncle.  Click here to read the entire opinion.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Neat Parenting Website for Divorced Families

A judge recently turned me on the OurFamilyWizard website.  This fee based service provider offers secure, shared communication, schedules and information management for families.

The site help parents who are separated, divorced or living apart and the family law professionals who work with them to manage communication, expenses, childrens’ activities and other issues using the OurFamilyWizard website. The founders of the company include divorced parents, a family law professional and a dedicated group of business and technology professionals who have built this award winning website.

I know this sounds like a commercial.  Perhaps it is?  More importantly OurFamilyWizard is a pretty cool service that can help improve communication so is all too often lacking between divorced parents.  Click here to visit the site.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Gary Coleman Headed to Television's Divorce Court

The curse never seems to end for the kids from Diff'rent Strokes.

This week, the former Arnold Jackson is back in the news, as actor Gary Coleman is preparing to undergo relationship counseling with 22-year-old wife Shannon Price -- after dealing with their stormy marriage in a taping of the reality-TV show Divorce Court. The episodes featuring Coleman will air on May 1 and 2.

Coleman, now 40, first met Price on the set of the 2006 comedy film Church Ball. They married in secret last August after dating for five months.

Divorce Court provided transcripts of the episodes to the Associated Press, which reported on their content. According to AP, the troubled couple discusses many issues with Judge Lynn Toler, such as Coleman's alleged rage problems. "If he doesn't get his way," Price says of Coleman in the show, "he throws a temper tantrum like a five-year-old does. He, like, stomps the floor and yells 'Meehhhh!' and starts throwing stuff around. He bashes his head in the wall, too."  Click here for the entire story from Divorcemag.com.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

The YouTube Divorce!

You knew it had to happen.  Someone has finally decided to air their dirty divorce laundry on YouTube!

In a tearful and furious YouTube video with close to 150,000 hits to date, former actress and playwright ("Bonkers") Tricia Walsh-Smith lashes out against her husband, Philip Smith, president of the Shubert Organization, the largest theater owner on Broadway.  She goes through their wedding album on camera, describing family members as "bad" or "evil" or "nasty," and talks about how her husband is allegedly trying to evict her from their luxury apartment. She also makes embarrassing claims regarding their intimate life, and then calls his office on camera to repeat those claims to a stunned assistant.

I tried to check out the video but it has apparently been removed by Ms. Walsh-Smith.  You can read more about the whole fiasco though by clicking her.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

The Oregon Divorce Blog

I got an e-mail recently from Sean Stephens.  Sean practices family law in Portland, Oregon.  He was writing to let me know that The Oregon Divorce Blog, which his firm sponsors, has moved to a new location.  To make sure everyone with Oregon questions can find it, here is the new link.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Market slump makes divorce more difficult

San Francisco Chronicle columnist Carol Lloyd writes:

Back in the days of the housing boom, I knew a couple whose marriage went sour, but they continued to live together for years after their divorce went through. Turns out the holy grail of stability wasn't their affection for one another, but a rent-controlled apartment. They simply couldn't afford to move on.

I wrote then about the way the white-hot real estate market was burning families going through divorces. Now, ironically, the sharp downturn in the market is taking a similarly painful toll on couples who are breaking up. It's not that they can't afford their next home but that they can't get rid of the old one. I have friends who are taking turns living in their marital home even as they hope to sell it.

But in the new era of homes going stale in an oversupplied market and their owners going underwater on their mortgages, this is but the tip of the domestic iceberg. According to divorce lawyers, the quickly shifting real estate landscape is making breaking up harder to do than ever.  Click here for the entire article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

The "Parental Alienation Syndrome" Debate

Approximately  one in two marriages in the United States ends in divorce, affecting about a  million children per year. About 10% of these divorces involve custody litigation. Some children are or become emotionally estranged from one or both parents during this process. The cause of this estrangement cannot be determined without an in depth understanding of the family's history and dynamics. Research has shown that the issues underlying parent attachment or estrangement  are complex and do not lend themselves to easy answers. However, some child custody evaluators rely on simplistic "junk science" theories to explain the child's behavior and recommend "one size fits all" type solutions to force the child to divide their love 50-50 between their parents.  Please click here for this intriguing article from The Leadership Council on Child Abuse & Interpersonal Violence (formerly the Leadership Council on Mental Health, Justice, and the Media), and its take on Parental Alienation Syndrome as junk science.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Meet the Justices of the California Supreme Court

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Joyce L. Kennard.

Associate Justice Joyce L. Kennard

Present Position: Appointed to the California Supreme Court by Governor George Deukmejian April 1989. Elected November 1990 and reelected to full term November 1994 and November 2006. (Chair of California Judicial Council's Appellate Advisory Committee 1996 to 2005 [oversaw six-year project revising the voluminous rules of court pertaining to the California Supreme Court and Courts of Appeal, mainly to simplify the wording and clarify the meaning of the rules].)

Previous Positions: Associate Justice on the state Court of Appeal in Los Angeles (Division Five); judge of the Los Angeles County Superior Court; Associate Justice pro tempore on state Court of Appeal in Los Angeles (Division Three); judge on Los Angeles County Municipal Court; senior attorney on state Court of Appeal in Los Angeles; Deputy Attorney General in Los Angeles.

Higher Education: In 1974, graduated from the University of Southern California's Gould School of Law and at the same time received a Master of Public Administration degree from U.S.C.'s School of Public Administration. In 1971, received a Bachelor of Arts magna cum laude degree in German from U.S.C., and in 1970 an Associate in Arts degree.

Academic Honors: University of Southern California - Gould School of Law (9/71 to 6/74), recipient of American Jurisprudence Award in Torts; University of Southern California - School of Public Admin. (9/73 to 6/74), recipient of the "Pfiffner Award for the Outstanding Thesis of the Academic Year"; 4.0 grade point average; University of Southern California (2/70 to 8/71), recipient of academic scholarships, member of Phi Beta Kappa, member of Phi Kappa Phi (honor society for academic excellence), completed two academic years in a year and a half while working 20-hour week; Pasadena City College (9/68 to 2/70), "Honors Extraordinary" in German, recipient of Clara Bates Giddings Scholarship for excellence in German, member of Alpha Mu Gamma (national honor society for foreign languages), recipient of Alpha Mu Gamma scholarship, member of the state scholarship society of Alpha Gamma Sigma, Dean's list each semester (completed 2 years of college in 1-1/2 years while working 20-hour week).

Special Recognition: The Counselors, conversations with 18 courageous women who have changed the world, by Elizabeth Vrato, published in March 2002, chapter XII; law review article entitled Joyce L. Kennard:  An Independent Streak on California's Highest Court (65 Albany Law Rev., p. 1181, July 2002).

Awards/Honors: Alumni Merit Award from USC School of Policy, Planning, and Development, October 24, 2006; accompanying Certificate of Commendation from Supervisor Yvonne B. Burke of Los Angeles County. Lifetime Achievement Award from the Japanese American Bar Association of Greater Los Angeles, May 5, 2006. Judicial Council's award presented by Chief Justice Ronald M. George, Chair of the Judicial Council, San Francisco, October 9, 2004. First Justice Rose Bird Memorial Award from the California Women Lawyers, San Francisco, March 2001. Legal Impact Award 2000 from the Asian Law Alliance in San Jose, California, March 2000. Award from the Asian Pacific American Legal Center of Southern California, Los Angeles, October 1997. Award from the San Francisco Women Lawyers Alliance, February 1997. The "1996 Spirit of Excellence Award" from the American Bar Association's Commission on Opportunities for Minorities in the Profession, and accompanying proclamation by the Governor of the State of Maryland, February 1996. The St. Thomas More Medallion Award from the St. Thomas More Law Honor Society and Loyola Law School, November 1995. The Trailblazer Award from the National Asian Pacific American Bar Association (NAPABA), November 1994. American Bar Association's Margaret Brent Women Lawyers of Achievement Award, August 1993. Award from the ABA Task Force on Opportunities for Minorities in the Judicial Administration Division and Commission on Opportunities for Minorities in the Profession, August 1992. Attorney General Award from the Asian and Pacific Islander Employee Advisory Committee of the Attorney General's Office, May 1992. "Justice of the Year 1991" Award from the California Trial Lawyers Association, November 1991. Award from the Asian/Pacific Women's Network, Los Angeles, March 1991. Award from the San Fernando Valley Bar, October 1990. Ernestine Stahlhut Award from the Women Lawyers' Association of Los Angeles, October l990.

Honorary Doctor of Laws Degrees: San Joaquin College of Law, May 2004; Northwestern School of Law of Lewis & Clark College, May 1997; Lincoln Law School, May 1997; Whittier Law School, May 1994; Southwestern University School of Law, May 1991; California Western School of Law, December 1990; Pepperdine School of Law, May l989.

Community Service Awards: Award from the San Mateo County Chapter of Organization of Chinese Americans, October 1, 2005; accompanying Certificate of Special Congressional Recognition from Congressman Tom Lantos; accompanying Certificate of Recognition from Speaker pro Tempore Leland Y. Yee of the California State Assembly; accompanying Certificate of Commendation from the Board of Supervisors of San Mateo County. Public Service Award from the Asian Pacific American Bar Association, Los Angeles, December 2001. Award from the Council of Asian Pacific Islanders Together for Active Leadership (C.A.P.I.T.A.L.), Sacramento, March 1997; accompanying award from the Asian Bar Association of Sacramento. Award from the Marin Women's Hall of Fame, and accompanying proclamations from U.S. Senator Barbara Boxer; Congresswoman Lynn Woolsey; Marin County Supervisors John B. Kress, Harold C. Brown, Jr., Steve Kinsey, Annette Rose, and Harry J. Moore; Assemblywoman Kerry Mazzoni; and State Senator John Burton, March 1997. National Asian Pacific American Law Students Association (NAPALSA) Founders Award, October 1994. The 1994 Access Award from the L.A. County Commission on Disabilities, October 1994. First Annual Netherlands-American Heritage Award from the Netherlands-American Arts and Cultural Foundation, November 1992. The 1992 "Chinese-American Pioneers from Southern California in the Judiciary" Award from the Chinese Historical Society of Southern California, November 1992. First Annual "Women of the 90's" Award from Robinson's Department Store, Los Angeles, October 1992. Distinguished Alumni Award from the Community College League of California, November 1991. Award from the YWCA, Los Angeles, and accompanying proclamation by Mayor Tom Bradley of Los Angeles, May 1991. Award from the Governor's Hall of Fame for People With Disabilities, November 1990. Independent Living Center of Southern California Lifetime Achievement Award, October l990. Sacramento Women Amputees Group's Award for Contributing to the Progress of Dignity and Self-Esteem Among Amputees, March 1990. University of Southern California Alumni Merit Award, March 1990.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Joyce L. Kennard.

Associate Justice Joyce L. Kennard

Present Position: Appointed to the California Supreme Court by Governor George Deukmejian April 1989. Elected November 1990 and reelected to full term November 1994 and November 2006. (Chair of California Judicial Council's Appellate Advisory Committee 1996 to 2005 [oversaw six-year project revising the voluminous rules of court pertaining to the California Supreme Court and Courts of Appeal, mainly to simplify the wording and clarify the meaning of the rules].)

Previous Positions: Associate Justice on the state Court of Appeal in Los Angeles (Division Five); judge of the Los Angeles County Superior Court; Associate Justice pro tempore on state Court of Appeal in Los Angeles (Division Three); judge on Los Angeles County Municipal Court; senior attorney on state Court of Appeal in Los Angeles; Deputy Attorney General in Los Angeles.

Higher Education: In 1974, graduated from the University of Southern California's Gould School of Law and at the same time received a Master of Public Administration degree from U.S.C.'s School of Public Administration. In 1971, received a Bachelor of Arts magna cum laude degree in German from U.S.C., and in 1970 an Associate in Arts degree.

Academic Honors: University of Southern California - Gould School of Law (9/71 to 6/74), recipient of American Jurisprudence Award in Torts; University of Southern California - School of Public Admin. (9/73 to 6/74), recipient of the "Pfiffner Award for the Outstanding Thesis of the Academic Year"; 4.0 grade point average; University of Southern California (2/70 to 8/71), recipient of academic scholarships, member of Phi Beta Kappa, member of Phi Kappa Phi (honor society for academic excellence), completed two academic years in a year and a half while working 20-hour week; Pasadena City College (9/68 to 2/70), "Honors Extraordinary" in German, recipient of Clara Bates Giddings Scholarship for excellence in German, member of Alpha Mu Gamma (national honor society for foreign languages), recipient of Alpha Mu Gamma scholarship, member of the state scholarship society of Alpha Gamma Sigma, Dean's list each semester (completed 2 years of college in 1-1/2 years while working 20-hour week).

Special Recognition: The Counselors, conversations with 18 courageous women who have changed the world, by Elizabeth Vrato, published in March 2002, chapter XII; law review article entitled Joyce L. Kennard:  An Independent Streak on California's Highest Court (65 Albany Law Rev., p. 1181, July 2002).

Awards/Honors: Alumni Merit Award from USC School of Policy, Planning, and Development, October 24, 2006; accompanying Certificate of Commendation from Supervisor Yvonne B. Burke of Los Angeles County. Lifetime Achievement Award from the Japanese American Bar Association of Greater Los Angeles, May 5, 2006. Judicial Council's award presented by Chief Justice Ronald M. George, Chair of the Judicial Council, San Francisco, October 9, 2004. First Justice Rose Bird Memorial Award from the California Women Lawyers, San Francisco, March 2001. Legal Impact Award 2000 from the Asian Law Alliance in San Jose, California, March 2000. Award from the Asian Pacific American Legal Center of Southern California, Los Angeles, October 1997. Award from the San Francisco Women Lawyers Alliance, February 1997. The "1996 Spirit of Excellence Award" from the American Bar Association's Commission on Opportunities for Minorities in the Profession, and accompanying proclamation by the Governor of the State of Maryland, February 1996. The St. Thomas More Medallion Award from the St. Thomas More Law Honor Society and Loyola Law School, November 1995. The Trailblazer Award from the National Asian Pacific American Bar Association (NAPABA), November 1994. American Bar Association's Margaret Brent Women Lawyers of Achievement Award, August 1993. Award from the ABA Task Force on Opportunities for Minorities in the Judicial Administration Division and Commission on Opportunities for Minorities in the Profession, August 1992. Attorney General Award from the Asian and Pacific Islander Employee Advisory Committee of the Attorney General's Office, May 1992. "Justice of the Year 1991" Award from the California Trial Lawyers Association, November 1991. Award from the Asian/Pacific Women's Network, Los Angeles, March 1991. Award from the San Fernando Valley Bar, October 1990. Ernestine Stahlhut Award from the Women Lawyers' Association of Los Angeles, October l990.

Honorary Doctor of Laws Degrees: San Joaquin College of Law, May 2004; Northwestern School of Law of Lewis & Clark College, May 1997; Lincoln Law School, May 1997; Whittier Law School, May 1994; Southwestern University School of Law, May 1991; California Western School of Law, December 1990; Pepperdine School of Law, May l989.

Community Service Awards: Award from the San Mateo County Chapter of Organization of Chinese Americans, October 1, 2005; accompanying Certificate of Special Congressional Recognition from Congressman Tom Lantos; accompanying Certificate of Recognition from Speaker pro Tempore Leland Y. Yee of the California State Assembly; accompanying Certificate of Commendation from the Board of Supervisors of San Mateo County. Public Service Award from the Asian Pacific American Bar Association, Los Angeles, December 2001. Award from the Council of Asian Pacific Islanders Together for Active Leadership (C.A.P.I.T.A.L.), Sacramento, March 1997; accompanying award from the Asian Bar Association of Sacramento. Award from the Marin Women's Hall of Fame, and accompanying proclamations from U.S. Senator Barbara Boxer; Congresswoman Lynn Woolsey; Marin County Supervisors John B. Kress, Harold C. Brown, Jr., Steve Kinsey, Annette Rose, and Harry J. Moore; Assemblywoman Kerry Mazzoni; and State Senator John Burton, March 1997. National Asian Pacific American Law Students Association (NAPALSA) Founders Award, October 1994. The 1994 Access Award from the L.A. County Commission on Disabilities, October 1994. First Annual Netherlands-American Heritage Award from the Netherlands-American Arts and Cultural Foundation, November 1992. The 1992 "Chinese-American Pioneers from Southern California in the Judiciary" Award from the Chinese Historical Society of Southern California, November 1992. First Annual "Women of the 90's" Award from Robinson's Department Store, Los Angeles, October 1992. Distinguished Alumni Award from the Community College League of California, November 1991. Award from the YWCA, Los Angeles, and accompanying proclamation by Mayor Tom Bradley of Los Angeles, May 1991. Award from the Governor's Hall of Fame for People With Disabilities, November 1990. Independent Living Center of Southern California Lifetime Achievement Award, October l990. Sacramento Women Amputees Group's Award for Contributing to the Progress of Dignity and Self-Esteem Among Amputees, March 1990. University of Southern California Alumni Merit Award, March 1990.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Maryland Divorce Legal Crier

Lawyer James Gross (and his law firm Thyden, Gross & Callahan) puts out the Maryland Divorce Legal Crier, a very nice blog packed with current events and information relevant to Maryland and beyond.  Check it out by clicking here.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Military Dads Seek Fair Child Support

Like many military reservists, Mark Wetzel took a pay cut when he was called for active duty last year. Instead of the $31,000 he earns as a nursing assistant in a Philadelphia hospital, he received $27,000 as a Navy corpsman serving in Kosovo.

But one thing didn't change: his child-support payments. A family court declined to reduce the $899 a month he pays to his estranged wife and two children.

As more National Guard and reserve units are deployed for the war in Iraq - 216,800 have been called to active duty so far - more noncustodial parents find themselves in the same circumstances that Wetzel did. If they fall behind in child-support payments because of reduced wages, they could incur penalties when they return home.  Please click here to read the entire article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

What Does the Court Consider When Ruling on Child Custody and Visitation?

What should we do about the children? What will happen to the children? Who will get the children? These are questions that always come up in divorce. What are the answers? Rule number one is the children themselves. Under the law, the court must base its decisions on what is in the best interests of the children. This standard gives the Court broad discretion. What each parent wants will be considered by the court. However, parental preferences will not control the court's decision.

When considering child custody, it is important to understand that there are two types of custody that will be addressed in a divorce. (1) Legal custody and (2) physical custody. Joint legal custody means that both parents share the right and responsibility to make decisions regarding the child's health, education and welfare. Under sole legal custody one parent has primary control over decisions regarding the child's residence, health, education and welfare. The noncustodial parent has secondary visitation rights as ordered by the court. Joint legal custody may be granted without granting joint physical custody. In that event, while the parents share decision-making responsibility, the child resides with and is under the physical supervision of only one of the parents (the parent granted sole physical custody).

Legal custody is different from physical custody. Physical custody measures the amount of time that the children spend with each parent. There can be joint physical custody and primary physical custody. A joint physical custody award means each parent has "significant periods" of physical custody. Physical custody must be shared in such a way as to assure the child "frequent and continuing contact with both parents." It does not mean the child's time must be equally divided with each parent (i.e., one parent can still be the "primary caretaker"). Primary physical custody means that the children will spend most of their time under the care of one parent, while enjoying some visitation schedule with the other parent.

When issuing child custody and visitation orders consistent with the children's best interests, courts adhere to two critical public policies: (1) Primary concern for children's health, safety, welfare (child abuse and domestic violence are detrimental). The court's primary concern is to assure the children's health, safety and welfare. (2) Frequent and continuing contact with both parents and shared parenting. The custody/visitation award must assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing. Where there is no threat of child endangerment, the primary concern and frequent and continuing contact policies are on equal footing. But where the policies conflict (e.g., because domestic violence evidence shows contact with a parent could jeopardize the child's safety), a custody or visitation order "shall be made in a manner" that ensures the child's health, safety and welfare and the safety of all family members, the primary concern test shall take precedent.

"Frequent and continuing contact" is not defined, nor does the law specify a preference for any particular form of "contact." Rather, the law encourages parents to share child rearing rights and responsibilities. To accomplish frequent and continuing contact, the Court will strive for an arrangement that approximates an unbroken family situation as closely as possible. Again, however, the court's discretion must be exercised in light of the paramount policy of assuring the child's and family's safety.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Meet the Justices of the California Supreme Court

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Carlos R. Moreno.

Associate Justice Carlos R. Moreno

Date of Birth: Nov. 4, 1948 in Los Angeles
Family: Married to wife Christine; two children, Keiko and Nicholas
Education: J.D., Stanford Law School, 1975; B.A. (Political Science), Yale University, 1970

Justice Carlos R. Moreno was sworn in as an associate justice of the Supreme Court of California on October 18, 2001, following his nomination by Governor Gray Davis.

Justice Moreno began his career as a deputy city attorney with the Los Angeles City Attorney's office, prosecuting criminal and civil consumer protection cases and handling politically sensitive and legislative matters as special counsel to the city attorney. He then joined the firm of Mori & Ota (now known as Kelley, Drye & Warren) in 1979, representing institutional clients in the firm's general commercial litigation practice.

In the fall of 1986, Governor George Deukmejian appointed Justice Moreno to the Municipal Court, Compton Judicial District, where Moreno handled general criminal matters and supervised the court's civil department. In October 1993, Governor Pete Wilson elevated Justice Moreno to the Los Angeles County Superior Court, where he presided over felony trials in downtown Los Angeles.

Justice Moreno was then nominated to the federal bench by President Bill Clinton and in February 1998, he was unanimously confirmed to the United States District Court for the Central District of California by the United States Senate. Moreno served as a federal district court judge for over three years, presiding over a broad range of complex civil and criminal matters.

Justice Moreno has served as President of the Mexican American Bar Association and has been a member of the California Judges Association, the Presiding Judges Association, and the Municipal Court Judges Association of Los Angeles County. He has served on the Board of Visitors of Stanford Law School and the Board of Governors of the Association of Yale Alumni. He is a Director of the Arroyo Vista Family Health Center and a former President of the Yale Club of Southern California. In 1997, Moreno received the Criminal Justice Superior Court Judge of the Year Award from the Los Angeles County Bar Association, and in 2003 the Roger J. Traynor Appellate Justice of the Year Award from the Consumer Attorneys Association of Los Angeles. Justice Moreno is the Chair of the California Blue Ribbon Commission on Children in Foster Care.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court.  That being the case Californians should know who their Supreme Court Justices are.  One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website.  Today we feature Associate Justice Carlos R. Moreno.

Associate Justice Carlos R. Moreno

Date of Birth: Nov. 4, 1948 in Los Angeles
Family: Married to wife Christine; two children, Keiko and Nicholas
Education: J.D., Stanford Law School, 1975; B.A. (Political Science), Yale University, 1970

Justice Carlos R. Moreno was sworn in as an associate justice of the Supreme Court of California on October 18, 2001, following his nomination by Governor Gray Davis.

Justice Moreno began his career as a deputy city attorney with the Los Angeles City Attorney's office, prosecuting criminal and civil consumer protection cases and handling politically sensitive and legislative matters as special counsel to the city attorney. He then joined the firm of Mori & Ota (now known as Kelley, Drye & Warren) in 1979, representing institutional clients in the firm's general commercial litigation practice.

In the fall of 1986, Governor George Deukmejian appointed Justice Moreno to the Municipal Court, Compton Judicial District, where Moreno handled general criminal matters and supervised the court's civil department. In October 1993, Governor Pete Wilson elevated Justice Moreno to the Los Angeles County Superior Court, where he presided over felony trials in downtown Los Angeles.

Justice Moreno was then nominated to the federal bench by President Bill Clinton and in February 1998, he was unanimously confirmed to the United States District Court for the Central District of California by the United States Senate. Moreno served as a federal district court judge for over three years, presiding over a broad range of complex civil and criminal matters.

Justice Moreno has served as President of the Mexican American Bar Association and has been a member of the California Judges Association, the Presiding Judges Association, and the Municipal Court Judges Association of Los Angeles County. He has served on the Board of Visitors of Stanford Law School and the Board of Governors of the Association of Yale Alumni. He is a Director of the Arroyo Vista Family Health Center and a former President of the Yale Club of Southern California. In 1997, Moreno received the Criminal Justice Superior Court Judge of the Year Award from the Los Angeles County Bar Association, and in 2003 the Roger J. Traynor Appellate Justice of the Year Award from the Consumer Attorneys Association of Los Angeles. Justice Moreno is the Chair of the California Blue Ribbon Commission on Children in Foster Care.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

2007: The Celebrity Divorce Year In Review

Celebrities and their divorces, how we love them!  Who's Dated Who is a fun website loaded with a ton of information for all you celebrity divorce fans.  Click here to visit the 2007 divorce headlines for the site.  Once at the site be sure to also follow the link to the general celebrity divorce news section.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

California Supreme Court Hears Same Sex Marriage Case

SAN FRANCISCO -- -- Four years after thousands of same-sex couples streamed into this liberal bastion to apply for marriage licenses, the California Supreme Court on Tuesday took up the question of whether gay people have a constitutional right to wed.  Click here for the entire LA Times article.

During more than three hours of arguments from lawyers for and against same-sex marriages, several justices appeared to be skeptical of legalizing the unions, suggesting they see the state's domestic partnerships as marriage in all but the name.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

California Considering On-line Domestic Violence Database

Assemblywoman Fiona Ma, the San Francisco Democrat who is the majority whip, introduced a bill last week to create an online database of men and women convicted of domestic violence in California.

Other states like Florida have databases used by law enforcement officials. Her proposal, Ms. Ma said, would be the first available to the public.  Please click here to read the NY Times article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Celebrity Divorce and the 10-year Itch

Britney and Kevin. Chris and Malaak. Renee and Kenny.

These star couples, and plenty of others, make it clear: If you're going to dish on celebrity divorce, you need to know a thing or four about California divorce law.

Because, as in so many other things, California does divorce differently than just about anywhere else.  Liz Pulliam Weston provides a great primer in msn's moneycentral.com.  Please click here for the entire article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Why Britney Lost Her Kids?

Joanna Grossman is a law professor at Hofstra Law School.  She is also a FindLaw.com columnist.  She has recently penned a column on the Britney Spears custody fiasco.  Using Spears as her storyline, Professor Grossman does a great job of outlining the child custody process.  It is worth a read!  Click here for the article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Ohio Family Law Blog

I recently received a note from Dayton, Ohio lawyer Chip Mues that his Ohio Family Law Blog is up and running.  In addition to being in charge of the new blog, Chip is the managing partner of Holzfaster, Cecil, McKnight & Mues, so, he is a busy guy!  His blog looks great.  Give him a visit at the Ohio Family Law Blog.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

A Divorce Blog For Men

The archives for this blawg list several sites targeted at women.  Sites targeted at men are hard to find.  Now I have got one for you! Maryland lawyer Dawn Elaine Bowle has begun publishing the Maryland Father's Rights Blog.  Check it out by clicking here.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.