Articles Posted in Uncategorized

Grandparent Visitation
Law Offices of Tobie B. Waxman

Grandparents are often concerned about how their relationship with grandchildren will be impacted when parents divorce. Sometimes arranging visitation on an informal basis is not an option. In those cases, California Family Code provides opportunities for grandparents to formally request visitation with grandchildren under several different types of circumstances. (See for example, Family Code sections…

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Thinking of Representing Yourself? Don’t!
Law Offices of Tobie B. Waxman

It always amazes me how many people contact my office wondering whether they are divorced. You’re probably thinking what I’m always thinking: How could you NOT know whether or not you are divorced? 100% of these calls come from people who thought they could handle their divorce on their own, i.e. they were self-represented. I…

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5 Reasons to Say “I Do” to a Prenup
Law Offices of Tobie B. Waxman

With so many celebrity marriages ending in divorce, the need for a prenuptial agreement is growing in significance. Part financial planning, part legal document and part romance-killer (allegedly), a prenuptial agreement isn’t just for wealthy folks and/or celebrities. Despite its reputation, there are actually some real benefits to having a prenuptial agreement. 1. You can…

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Great News for Pet Owners.
Law Offices of Tobie B. Waxman

New Family Code section in California effective as of January 1, 2019 allows the court to make orders regarding “custody” (aka ownership and/or temporary care orders) in dissolution proceedings. New Family Code §2605 states that the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the…

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Can’t Agree on Whether to Get a Prenup? Consider a Sunset Clause.
Law Offices of Tobie B. Waxman

Couples disagree about money more than any other subject. The time to discuss your financial plans, philosophies, and economic life together is before you get married. The prenuptial agreement enables couples to develop a financial plan for the marriage; not just with the current financial picture in mind, but well into the future where finances…

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Marry Him; Not His Debt.
Law Offices of Tobie B. Waxman

Like it or not, a marriage is a contractual relationship. The prenuptial agreement provides the financial terms of that contract. In the process of negotiating the terms of a prenuptial agreement, the parties establish a structure for problem solving that forms a solid and secure basis for a mature and thriving marriage. In that way,…

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Beware the Rampant Use of Social Media
Law Offices of Tobie B. Waxman

I recently had a custody trial during which almost 100% of the evidence introduced came from text messages and social media posts or comments. In this age of technology and social media, in divorce proceedings and custody cases, lawyers and investigators routinely check public social media sites and parties’ profiles (of the client’s and the…

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Custody Orders for Newborns or Nursing Babies.
Law Offices of Tobie B. Waxman

What effect does breast feeding have on custody decisions? There is no hard and fast rule. There is no law which states that if a baby or child is still nursing, the other parent should not be awarded custody. That being said, arranging for the custody and care of very young children can be challenging…

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