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  • 30 May. 2017

    5 Things You Didn't Know About Fathers' Rights

    Posted By The Buncher Law Corporation

    Families exist in all shapes and sizes, and it is not uncommon for family structures to include divorced or unwed parents. Because California recognizes that non-traditional families exist is many forms, state law provides fathers with certain child custody and visitation rights. After all, fathers play an important role in the lives of their children. Family courts want to ensure that children ...
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  • 23 Feb. 2017

    Sole or Primary Child Custody - What are a Father's Chances of Winning It?

    Posted By The Buncher Law Corporation

    When most entertainment media cover the topic of divorce or family law disputes, there seems to almost always be a father figure cast in a negative light. How many movies have you watched that included an abusive dad that couldn’t control his temper? Or, how many television shows have you seen that presented the mother as a caring, protective figure and the dad too strict and authoritarian? ...
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  • 20 Sep. 2016

    4 Divorce Myths Busted

    Posted By The Buncher Law Corporation

    If you are considering filing for divorce, there is a chance you have heard many contradictory things about the legal process. In fact, some myths may have even prevented you from taking action. Regardless of where you are in the process, it is important to note that much of what you have heard may only be rumor. Our Orange County divorce lawyers at The Buncher Law Corporation have busted four ...
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  • 22 Dec. 2015

    How to Handle Changes to Parenting Time During the Holidays

    Posted By The Buncher Law Corporation

    Divorce court judges tend to get busy around the end of the year, often because they deal with many cases involving parents fighting over access to their children during the holidays. Even though your parenting plan may clearly define visitation time, there are many reasons why you or your ex-spouse may wish to deviate from the plan, including unexpected visits from family, upcoming travel plans, ...
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  • 13 Nov. 2015

    Part One: My Ex Is Not Paying Support On Time - What Can I Do To Fix This?

    Posted By The Buncher Law Corporation

    If your spouse, or soon-to-be-ex spouse, is not making court-ordered child support or spousal support payments on time, your most straight forward option is wage garnishment. First, you need to carefully evaluate the court order that established the payments. Does it provide a payment deadline? Typical language usually provides for one-half the total support award to be paid on the first of the ...
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  • 1 Apr. 2014

    Divorce And Taxes: Minor Children Are A Key Consideration At Tax Time

    Posted By The Buncher Law Corporation

    Do you and your ex-spouse share custody of minor children ? The type of custodial arrangement you have dictates your dependency exemptions. Let me give you an example: When parties share custody of their children, it can make sense to allocate exemptions equally so that each parent claims one child on their separate return. If only one minor child is involved, the parties can agree to alternate ...
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  • 5 Dec. 2013

    What Legal Standard Will The Court Apply In An Action To Modify Support?

    Posted By The Buncher Law Corporation

    To prevent filings based on inconsequential increases and decreases in income, the law requires showing a substantial change before a support order can be modified. Unfortunately, there is not a "bright line" rule to determine what actually constitutes a substantial change income. However, an attorney can help you evaluate whether dips or increases in income can justify a filing. This is ...
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  • 28 Nov. 2013

    What You Need To Consider Before Pursuing A Support Modification

    Posted By The Buncher Law Corporation

    Clients often ask about pursuing child and spousal support modifications. However, there are a few things to consider before filing a Request for Order with the court. First, you need to have a firm grasp of what the other party is earning. The best way to obtain information regarding income is to serve Family Law Form 396 on the other party by certified mail. This form, entitled "Request for ...
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  • 21 Oct. 2013

    Co-parenting versus Parallel Parenting

    Posted By The Buncher Law Corporation

    Couples with children have some major adjustments to make when separating or going through a divorce. One of the main changes that they will experience is that instead of parenting together, for the most part, they will each now parent separately. The child or children will often experience a significantly different parenting style at one house than at the other, and this can result in tension and ...
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  • 2 Sep. 2013

    Child Support versus Time Share

    Posted By The Buncher Law Corporation

    As I covered in a previous post, when calculating child support, consideration is given to each parent 's gross income, the number of children for whom support is being determined, and each parents' relative periods of physical custody with each child, also known as “ time share.” Unfortunately, because time share is a major factor in determining child support, the calculation ...
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  • 18 Apr. 2013

    What You Need to Know About Custody of Your Children, Part II

    Posted By The Buncher Law Corporation

    Last post, we established that when considering custody of your children, there are two important concepts to understand: Legal Custody and Physical Custody. When the parties come to an agreement on custody, the agreement may be submitted to the court. If the court approves the agreement, the parenting schedule becomes a binding court order. The agreement can be modified by either party if there ...
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  • 16 Apr. 2013

    What You Need to Know About Custody of Your Children, Part I

    Posted By The Buncher Law Corporation

    Children should – and do – take precedence in any dissolution case. When custody is involved, other issues generally take a backseat until the parties can figure out how their kids are going to be cared for. In my opinion, judges often take a similar approach. While each case is different, there are a few constants: parents want their children to be healthy and happy, and they ...
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  • 11 Apr. 2013

    Preparing for Divorce: Looking Out for Your Kids

    Posted By The Buncher Law Corporation

    A good attorney will tell you that preparation is essential in a divorce. At my office, we spend a great deal of time evaluating your present situation, itemizing your records, and optimizing your goals. What a difference it can make when a client comes to us well-prepared! Every case may be different, but any case that involves a child has the same bottom-line: you want your child to be safe, to ...
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  • 22 Aug. 2012

    Book Review: “Helping Your Kids Cope with Divorce the Sandcastles Way”

    Posted By The Buncher Law Corporation

    I have not made a complete read of this book, but several clients have recommended Helping Your Kids Cope with Divorce the Sandcastles Way by Gary Neuman. One client dropped off a copy, and I agree that it seems like a comprehensive resource that not only offers help to children, but also to divorcing parents who want a better understanding of what their children are experiencing. During divorce, ...
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  • 20 Aug. 2012

    730 Evaluations

    Posted By The Buncher Law Corporation

    If you’ve been looking around for information on the 730 Evaluation, you probably have come to realize that there’s scant – reliable – information that tells you what to expect. The Courts rely on California Evidence Code §730 (ref: leginfo.ca.gov) to appoint a child custody evaluator (thus the “730” designation). Evaluators are usually a licensed ...
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  • 16 Jul. 2012

    Book Review: Why Men and Woman Approach Divorce Differently

    Posted By The Buncher Law Corporation

    I just finished reading a book For Better or Worse: Divorce Reconsidered by Mavis Hetherington and John Kelly. One conclusion, which isn't much of a surprise, men and women approach divorce in very different ways. The book itself is quite a refreshing study. Hetherington (a psychology professor at the University of Virginia) collated data from more than 1,400 families and 2,500 children over ...
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  • 11 Jun. 2012

    Visitation and How if Affects Support

    Posted By The Buncher Law Corporation

    This is part of a continuing series to help you through a basic primer on family law and what's in the courts powers to decide. Last week, I posted definitions and parameters of the types of child custody as they pertain to family law. In this post, I will go into a little detail about Visitation and how it may/may not affect support. The Orange County Bar Association released an article in ...
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  • 7 Jun. 2012

    Types of Child Custody

    Posted By The Buncher Law Corporation

    There are times when I need to offer our clients a basic primer on legal definitions and the court as we wind through the legal process. For the next several weeks, I will post definitions, explanations and general commentary about the legal details that affect family law. In our first installment, I begin with the rights of parents to care for, have custody of, and nurture their children. The ...
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  • 4 May. 2012

    Who Gets the Children?

    Posted By The Buncher Law Corporation

    Refrigerator Art. You know what I'm talking about: the scrawls, doodles and scribblings of your children boldly displayed on your family's refrigerator door. We parents look at this art form with such pride and love; each scrap symbolizing every nurturing moment. Our children see this ad hoc gallery as a symbol of our acceptance; our unconditional love. Unfortunately, from time to time, ...
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  • 23 Apr. 2012

    High Conflict Divorce & The Effects on Children

    Posted By The Buncher Law Corporation

    Emotions run high in divorce cases. And that's just when everybody agrees to the terms of divorce. When there is high conflict - e.g., disagreement of terms and provisions, then you can take all the lessons of civility and chuck them out of the window. Sometimes, it is shocking how parents forget that their fighting due to their own unresolved emotional issues within a marriage, but how these ...
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  • 16 Apr. 2012

    Suspect Domestic Violence, Child Abuse, Neglect or Psychological Abuse?

    Posted By The Buncher Law Corporation

    If there is one thing that the headline stories about child abuse and domestic violence has taught us, the harshness of the crimes deserve our immediate attention. In fact, the more vigilant we are about this kind of crime, the more likely we can help prevent future abuses. According to the U.S. child welfare agencies over three million allegations of child abuse and neglect occur each year. And ...
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  • 12 Apr. 2012

    The Elkins Family Law Task Force: Reforming the Way Californians Divorce

    Posted By The Buncher Law Corporation

    Here's a development that I think points to the progress that we've made to streamline certain processes that - in their current form - are far more complicated than they need to be. In 2008 the Elkins Family Law Task Force was created in response to the lack of efficiency, the high cost and the complexity of divorcing in California. This task force set out to research and make ...
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  • 5 Apr. 2012

    Understanding Guardianship

    Posted By The Buncher Law Corporation

    In very extreme situations where both parents are no longer able to care for a dependent, family members or even a friend of the family may step up and request 'guardianship'. A guardianship action can be initiated when a friend or family member other than a biological parent seeks either temporary or permanent decision making prior in respect to a child, and typically apply until the ...
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  • 3 Apr. 2012

    Stepparent Adoption

    Posted By The Buncher Law Corporation

    "The modern family is often a mash-up of previous relationships. Think 'Brady Family' and you come close to a picture of what I mean. In these cases, 'stepparent adoptionstep parent adoption' is the best solution." A stepparent adoption is where a child 's stepparent, the husband or wife of the child's biological parent, wishes to officially adopt the child as his ...
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