Roseville Criminal Defense And Family Law Blog

Relocating with your children requires a court order post-divorce

On behalf of Strategic Law Command posted in child custody on Thursday, June 13, 2019.

When a couple with children gets divorced, the court will generally award custody to one or both parents via court order. Assuming that both parents are stable and equipped to do so, the court will do whatever it can to ensure that both parents are involved in the child's life. But what happens when a custodial parent wants to relocate and take the children with them? The answer depends on the circumstances surrounding the move.

Generally, California parents with primary physical custody of your child via permanent court order have the right to move away if they choose to do so. However, if the other parent doesn't want them to move, they will have to prove to the court that the move would harm the children. Parents who are sharing physical custody of their child with the child's other parent will need to show the court that the move is in the best interest of the child.

Divorces impacted by new pet custody laws nationwide

On behalf of Strategic Law Command posted in divorce on Friday, May 31, 2019.

When a married couple decides to call it quits, they often battle over property, spousal support and custody of the children. For many people, deciding who gets to keep the family pet can be one of the most difficult issues they will face throughout the divorce process. In the past, courts often treated dogs and other domestic animals as community property, essentially putting them in the same category as a piece of furniture.

However, treating pets like property during a divorce is no longer an option. Many people nowadays view pets as a member of the family, so courts have decided to treat them as such. A new California law that went into effect in January 2019, allows courts to evaluate the best interests of the animal before determining who the animal should stay with. Based on its evaluation, courts can assign sole or joint ownership of the pet.

Is winning a drinking game worth the potential consequences?

On behalf of Strategic Law Command on Tuesday, May 28, 2019.

There are many drinking games you could play with your friends this summer. But while a Beer Pong win could earn you some pats on the back at a party, is a temporary win worth the consequences you could face?

Although you might hang out with people who think you are more fun when you are drunk, drinking games may contribute to various health concerns. And unless you have a designated driver to get you home, they almost certainly put your driving and criminal records at risk. Before accepting a challenge, you might consider how playing a drinking game could affect your ability to win at life.

Vehicular manslaughter charges may stem from a DUI

On behalf of Strategic Law Command posted in dui on Thursday, May 16, 2019.

When someone gets behind the wheel after drinking, they are typically not thinking about the worst-case scenario. The tragic reality is that many people end up getting killed in accidents involving a drunk driver. If you were arrested and charged for a DUI following an accident in California, and someone died as a result of that accident, you may also be charged with vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.

Under California Penal Code Sec. 191.5, vehicular manslaughter while intoxicated requires the driver to have acted with ordinary negligence, while gross vehicular manslaughter while intoxicated requires the driver to have acted with gross negligence.

What are our child custody options post-divorce?

On behalf of Strategic Law Command posted in child custody on Thursday, May 2, 2019.

If you are getting a divorce, you already know how difficult the process can be. However, for divorcing couples with children, there can be even more challenges. For instance, divorcing parents will often have to decide where the child will live and determine who will make the decisions relating to the child's upbringing. Divorce courts are solely focused on making child custody decisions in the best interest of the child.

Generally, divorcing parents have to determine who will have physical custody of the child and who will have legal custody. Physical custody refers to where the child will physically live. In many cases, the child will primarily live with one parent, who has sole custody, while the other parent will be granted parenting time, formerly referred to as visitation. However, if both parents can work together, joint physical custody is also an option. In such cases, the child will split his or her time equally between each parent.

Ca. man facing drug charges following traffic stop

On behalf of Strategic Law Command posted in drug crimes on Friday, April 19, 2019.

If a police officer has found drugs on your person or in your vehicle, you may face drug possession charges. The severity of the charges you face will often depend on the type and quantity of drugs, as well as whether your intent was to distribute or sell the drugs in your possession.

Police officers recently stopped a vehicle for improper lane usage and alleged that the smell of marijuana was coming from the vehicle. The driver of the vehicle was apparently advised of his rights and reportedly told authorities he was transporting large amounts of narcotics in his car.

How does my house get divided in the divorce?

On behalf of Strategic Law Command posted in divorce on Thursday, April 4, 2019.

California is a community property state, meaning that there is a presumption that any property acquired during the marriage belongs to both spouses equally. In other words, both spouses will have an equal interest in their house, assuming it was purchased during the marriage with marital funds and both spouses are on the title. However, as with many physical assets, literally splitting the house in half is not a realistic option. So many divorcing couples are left with the question: who gets the house?

Generally, divorcing couples have three options when deciding how to divide the house. Many spouses find that selling their home and dividing the proceeds equally is the best way to ensure that both spouses get what they are entitled to. Keep in mind that any money you and your soon-to-be ex make on the sale of the house could be subjected to capital gains taxes. Also, if you sell the home, both you and your spouse will have to find a new place to live. Whether you rent or buy, you will need to make sure you (and your spouse) are financially stable enough on your own to afford the costs of a new home or apartment.

Child custody arrangements in a military divorce

On behalf of Strategic Law Command on Wednesday, March 27, 2019.

Divorce is complicated, even under the most favorable circumstances. While emotions often escalate during child custody, support and property division disputes, matters of co-parenting arrangements may be increasingly difficult for members of the armed forces.

Military members make great sacrifices to serve our country. Agreeing on a parenting time schedule can be difficult for any divorcing couple. But possible military reassignments, deployments and long hours may further complicate your co-parenting efforts.

New bill may lower maximum BAC level for California drivers

On behalf of Strategic Law Command posted in dui on Thursday, March 21, 2019.

Earlier this year, Utah adopted a new law lowering the maximum blood alcohol content for drivers to .05, the lowest in the country. A new California bill may mean the same thing for California.

Autumn Burke, state Assemblywoman from Marina Del Rey, recently introduced Assembly Bill 1713, known as Liam's Law that would reduce the maximum BAC for California drivers from .08 to .05. Lawmakers believe that this new law could result in 1,000 fewer DUI deaths per year. The bill will be debated in the Assembly Public Safety Committee in the next few weeks.

Why should a veteran handle your legal dispute?

On behalf of Strategic Law Command on Friday, March 15, 2019.

When you find yourself in the midst of a legal dispute, you may not know where to turn. You probably know you need representation. You need someone who will work hard for you, and someone you can trust.

In those instances, working with a veteran of the United States armed forces can make a tremendous difference – not only in your treatment throughout the process, but also in how your case is handled. And whether you are active duty, retired or a civilian, it is important to understand why it would be in your best interest to work with a veteran.

Creative.
Aggressive.
Battle-Tested.