Author Archives: Jay Butchko
Working with a Guardian Ad Litem
In child custody cases, the court’s duty and focus is to protect the children’s best interests. When a child custody suit is particularly complex, contentious, or there are serious allegations or concerns, extra steps might be taken to safeguard the children’s best interests. This article is meant to help parents understand the role of… Read More »
Making Medical Decisions for Children After Divorce: What Every Parent Needs to Know
Divorce does not end parenting. When children are involved, it means ex-spouses must continue working together to raise them even when opinions differ. With the rare exception, most parents will be granted joint legal custody of their children. This means both parents will be responsible to make decisions regarding the child’s welfare, which includes… Read More »
Custody Modifications After Arrest – Procedures, Proof, and Potential Defenses
Modifications to child custody arrangements might be sought after such an arrest – indeed, sometimes adjusting a custody arrangement will be necessary, depending on the circumstances. A parent’s arrest, especially if it involves violence, substance abuse, or poses a risk to the child’s safety, can lead the court to reconsider the existing custody arrangement… Read More »
Home Alone: How Young is Too Young in California?
Parents who are navigating custody issues often face the tricky question of when it is legal and safe to leave their child home alone in California. Can your ex leave your 13-year-old alone for a night out? Is it okay to leave your 10-year-old for a quick trip to the store? Can a 13-year-old… Read More »
California’s New Child Custody Law: Firearm Access Now a Key Factor
In a significant development for California family law, courts across the state are now required to consider a parent’s illegal firearm access or ownership when making certain child custody and visitation decisions. This 2025 legal reform demonstrates California’s stance that gun access, even without a history of violence, can create serious risks in contentious… Read More »
Frequently Asked Questions on Temporary Spousal Support in California
See below for a discussion on some of the most commonly asked questions surrounding temporary spousal support in California. Q: What Is Temporary Spousal Support? A: Temporary spousal support is a court-ordered payment that one spouse pays to the other spouse during a divorce or legal separation. The order is meant to help a… Read More »
How is Temporary Spousal Support Decided in California?
If you are navigating a divorce in California, understanding how temporary spousal support works can help you prepare for the financial realities of divorce. Temporary spousal support is financial support ordered by the court while the divorce is still pending. Its purpose is to help the lower-earning spouse maintain, as closely as possible, the… Read More »
California Dependency & Parentage: Lessons from Miles v. Gernstein and In re Marriage of J.G. & K.G.
The California Court of Appeals has recently issued two influential decisions that underscore the evolving legal landscape in dependency and parentage law. These cases—Miles v. Gernstein (March 28, 2025) and In re Marriage of J.G. & K.G. (May 2, 2025)—both ultimately serve to highlight the California court’s efforts to reinforce the “best interests of… Read More »
Understanding the Annulment Process in California
An annulment is a legal process that treats the marriage as if it never happened. Annulments are less common in divorce, but they are an option in specific situations. This article will help readers understand the general rules surrounding annulments in California law. For detailed information and legal advice on California annulments or the… Read More »
Handling an Upside-down Mortgage in Divorce
It’s a tale as old as time: a couple weds, works hard, saves, buys their dream home, but as life takes unexpected turns, the marriage may come to an end. Divorce is never easy, but for many couples, there is an added complication when their property is worth less than what is owed on… Read More »
