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When a co-parent is violent, abusive, threatening, or controlling, custody becomes a safety issue. California courts can limit or remove custody rights when abuse puts a child or protective parent at risk. In these cases, emergency protective orders, restraining orders, supervised visitation, and long-term custody modifications may all be available. Family law attorney Sina Mohajer explains how California courts handle violent co-parents and what steps parents can take to protect their children. If you are dealing with a violent, abusive, or threatening co-parent, you do not have to navigate the custody process alone. Mohajer Law Firm can help you understand your options, request emergency protections when needed, and pursue custody orders that prioritize your child’s safety. Contact Mohajer Law Firm today to schedule a consultation and discuss the best strategy for your case. Transcript: In an ideal custody case, both parents are able to properly and peacefully co-parent with one another. But that is not always the case, unfortunately. In this video, we’ll walk through the legal process of removing or limiting custody rights specifically from violent or abusive co-parents in California. Hi, I’m Sina Moohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury. You probably noticed that we are currently indoors and not strolling through a beautiful park like we normally do. While we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case. So although we are not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park. So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, welcome to our series, A Walk in the Park. What Is Considered Violence in Custody Cases? In this video, I want to specifically address what constitutes violence in custody cases, what are some emergency protective measures you can take, what is the long-term custody modification process, and lastly, the kinds of custody restrictions that can be ordered. So what constitutes violence in custody cases? Domestic Violence California courts define domestic violence pretty broadly, which includes physical abuse, threats, intimidation, harassment. You got emotional manipulation, controlling behavior, and stalking. Abuse towards children or other household members is also factored in. History of Abuse Even if the child wasn’t directly harmed, exposure to violence can affect the legal and physical custody decisions under Family Code Section 3044. So a history of abuse creates a legal presumption that granting custody to the abusive parent is not in the child’s best interest. Emergency Protective Measures So what are some emergency protective measures you can take if you find yourself in a similar situation? If there is an immediate danger, you can request an emergency protective order or EPO from the police department, which is usually valid between 5 to 7 days. That would give you enough time to file for a temporary restraining order from the family court. Whether it’s a DVRO, which is a domestic violence restraining order, or a CHRO, a civil harassment restraining order. Having that EPO gives you that level of protection until you can get into court. Now, the TRO can include stay away orders, temporary sole custody for the protective parent, supervise visitation, even, to the abuser, and even a move out order to give you some peace while at home. How to Get a Long-Term Custody Modification After you have your emergency orders, how do you go about getting a more long-term custody modification? Well, in order to receive a more long-term order, you must file a request for order, or RFO for short. In your paperwork, you can request the court to modify existing orders or even make your temporary emergency orders more permanent. The court will then consider the history and pattern of abuse, the impact on the child’s safety and well-being, and whether the abusive parent completed the programs that they were ordered to do. For example, anger management, parenting classes, or even individual counseling. But remember, the burden of proof falls on the abusive parent to prove to the court that custody or visitation would be safe and appropriate, not the other way around. What Kind of Custody Restrictions Can Be Ordered? So what kind of custody restrictions can be ordered if the judge finds the co-parent to be a danger? Custody orders can include complete removal of custody rights, supervised visitation only at a neutral center or third party home—which the monitor can be professional or nonprofessional—no overnight stays, obviously, or limited contact duration, like a few hours at a time. Certainly no phone, video communication without court approval and mandated completion of domestic violence programs or therapy. Now, judges have wide discretion. So the more documentation and preparation you bring, the stronger your case will be. Contact Mohajer Law Firm If Your Custody Case Involves Abuse In this video, we went over what constitutes violence in custody cases, what are some emergency protective measures you can take, what is the long-term custody modification process, and the kinds of custody restrictions that can be ordered. If you have questions about your case or find yourself in a similar situation, please feel free to call our office to schedule a consultation. I would be more than happy to sit down with you one on one to figure out the best strategy to take. And as I stated in the beginning, if you found the contents of this video to be helpful, please hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted.

Creating a will in California may seem simple, especially with online forms and handwritten options available. But small mistakes can create serious problems for your loved ones after you are gone. A will must meet specific legal requirements, including capacity, proper signing, and valid witnesses. DIY wills can also lead to unclear instructions, missing executors, property disputes, or probate delays. At Mohajer Law Firm, we help clients create wills that are clear, legally enforceable, and designed to protect their wishes. If you are thinking about writing a will, speak with our team before taking the DIY route. Transcript: Got a leaky faucet? You can DIY it. Want to upgrade your backyard even? You can probably DIY that too. But not everything can be done with DIY, especially when it comes to creating a will in California. I get it. You can save some money by rolling up your sleeves and tackling the task yourself. But a poorly drafted or invalid will can lead to court battles, family conflict, and unintended distribution of assets. Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in estate planning, family law, criminal defense, and personal injury. You probably noticed that we’re currently indoors and not strolling in a beautiful park like we usually do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. So although we are not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park. So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, welcome to our series, A Walk in the Park. Creating a Will in California In this video, I want to address what makes a will legally valid in California, some common mistakes in DIY wills, when is it appropriate to not have an attorney, and lastly, why hiring a lawyer can protect your legacy. What Makes a Will Legally Valid in California? So what makes a will legally valid in California? Under California Probate code, a will is valid if the testator, meaning the person creating the will, is at least 18 years of age and of sound mind. It is in writing, signed by the testator. And third, witnessed by two people who are not named as beneficiaries. California also allows holographic wills. Now, these are wills that are handwritten. However, they must be entirely written, dated, and signed by the testator. And keep in mind, these holographic wills are more vulnerable to challenge in court. So you can technically write a will without the assistance of a lawyer. But whether it holds up in court after you are gone is an entirely different story. Common Mistakes in Wills You Write Yourself So what are some common mistakes that I have seen in a DIY will? Well, one is using outdated online templates that don’t meet California’s legal standards. Look, Google is a great resource tool. I get it. But not everything you find online will be valid or true. Another common mistake I’ve seen is forgetting to name an executor. It is such a simple thing to do, but people have forgotten to do that time after time, which could lead to the will being invalid. Another mistake is failing to account for contingency beneficiaries or even creating conflicting or ambiguous instructions. Lastly, another common mistake is misunderstanding community property versus separate property rules. You cannot give anything away unless you have the legal right to it. Now, I have personally seen in court where a handwritten will was provided that did not have any witnesses and unclear instructions, where it led to family fighting and the court ended up overriding the decedent’s wishes. DIY wills may seem convenient, but even small errors can cause big legal problems. Do You Need an Attorney for a Will? But you don’t have to have an attorney in every case. In simple cases, such as leaving all assets to one person and there are no minor children, a basic will could work without having to hire a lawyer. There is a California statutory will form available online, which is actually free, but it is very limited in flexibility. It may not meet your needs and your desires. Now, even if you choose to not hire an attorney, you are still responsible for ensuring proper witnessing, clarity in instructions, and compliance with all probate laws. Even in simple estates, overlooked legal nuances can result in probate delays or even invalidated wills. Benefits of Hiring an Attorney to Write Your Will So how does hiring an attorney provide protection? Some benefits of having an attorney are: it will ensure your will is fully compliant with California law. It will help you understand tax implications, guardianship of minors, and asset protections. It can avoid family conflict, litigation, and probate surprises. And lastly, it can coordinate your will with the living trusts, for example, powers of attorneys, health care directives, even. An estate planning attorney ensures your wishes are not only clearly written, but legally enforceable. Think of it not just as making a will, but protecting your loved ones after you’re gone. Contact Mohajer Law Firm for Legal Guidance When Writing Your Will Now, in this video, we went over what makes a will legally valid in California, some common mistakes in DIY wills, when is it appropriate to not have an attorney, and lastly, why hiring a lawyer can protect your legacy. Remember, you can make a will without a lawyer. I’m not doubting that. But DIY wills come with real legal risks. California law has specific requirements, and one mistake can jeopardize your legacy. Legal help ensures clarity, compliance, and confidence. So if you have questions or would

Missing a family court hearing in California can feel scary, especially if you are worried about jail. In most cases, you will not be arrested simply for missing a regular hearing, but the judge may still move forward without you. That can lead to custody, support, restraining order, or other decisions being made in your absence. In some situations, missing court can create serious risks, including a bench warrant or contempt issue. If you missed a family court hearing, contact Mohajer Law Firm right away to discuss your options. Transcript: “I missed my family court hearing. Does that mean I’m going to jail?” I’ve been asked this question a lot. So today we’re going to explore that question and get a better understanding of the risks and ramifications involved when you do miss your family court hearing and in what situations you could be facing jail time. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury. You probably notice that we are currently indoors and not strolling through a beautiful park like we normally do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case. Although we are not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park. So if you like the contents of this video, please hit that like button and don’t forget to subscribe, so you’re always informed of any new videos being posted. And without further ado, I welcome you to our series, A Walk in the Park. Missing a Family Court Hearing Now, in this video, I want to address what happens if you miss a family court hearing, when can missing that hearing lead to jail time, what you should do if you missed your hearing date, and how to prevent these risks altogether. So what happens if you miss your family court hearing? If you miss your hearing date, for whatever reason, the judge can simply proceed without you. If you’re not there to provide your arguments and your desires, the court can just simply give everything the other side is requesting. Since no one is there on your behalf to oppose it, for example, custody could be granted to the other parent, support orders can be ordered based on assumed income, and even restraining orders can be granted regardless if there was enough evidence to support it. So if you don’t show up, it doesn’t make the issue go away. It gives the other party more control. Can Missing a Family Court Hearing Lead to Jail Time? So when can missing your family court hearing actually lead to jail? Let’s start off by confirming that you will not go to jail simply for missing a court hearing unless the judge issued a bench warrant and ordered your appearance. But if you had a regular status conference hearing or an RFO hearing, failing to appear will not lead to jail time. Now, there are three common scenarios where jail becomes a risk. First one is if you are found to be in contempt of court order, which can happen if you repeatedly ignore court orders, like as simple as not paying your court ordered child support. Another common scenario is if you miss a hearing you were legally summoned to attend. That can lead to a bench warrant, which will then put you behind bars. And lastly, if you violated a standing order like a custody agreement or restraining order, failing to show up could be seen as willful disobedience. What Should You Do If You Miss a Court Hearing? So what should you do if you do miss a court hearing? First thing is, you must act quickly. Don’t wait months, then try to fix what happened in the past. And don’t wait months to find an attorney to help you fix what happened in the past. The court will not be easily swayed. Contact the court immediately and explain your situation. Hiring a lawyer may also be in order as we can file a motion to either vacate a default judgment or order, we can request to quash a bench warrant, we can even reschedule the missed hearing if you have a valid reason like a medical emergency or lack of notice. Now, I said this in my other videos and I’ll say it again. Evidence, Evidence, Evidence. Save emails, doctor notes, or proof of emergency to show the court you didn’t miss the hearing intentionally. The longer you wait, the worse it gets. Taking immediate action shows responsibility and can help avoid jail time. How to Avoid Missing Court Hearings So how can we prevent these risks altogether? Stay organized. Keep track of your court dates, deadlines, and documents. Show up early even, and be prepared. If you can’t attend your hearing, at least file a request for continuance before the hearing date. And lastly, get legal representation, especially if your case involves custody disputes, allegations of abuse, contempt motions, or child and spousal support enforcement. Even if you are nervous about court, showing up at least gives you some power. Missing it, though, gives that power away. Contact Mohajer Law Firm About Family Court Hearings In this video, we went over what happens if you miss a family court hearing, when can missing your hearing date actually lead to jail time, what you should do if you missed your hearing date, and how to prevent these risks altogether. Long story short, yes, you can go to jail for missing family court in California, especially in contempt or failure to appear cases. But in most cases, jail is avoidable with prompt reasonable action. Your best protection: be proactive and talk to a seasoned family law attorney. If you’ve got questions about your case

In California child custody cases, many parents believe that once a child turns 14, they can choose which parent they want to live with. The truth is more nuanced. While California law allows the court to consider a child’s preference at age 14, that preference does not control the final custody decision. Judges must still focus on the child’s best interests, including safety, stability, emotional needs, and whether the child has been pressured or influenced. Understanding how child preference works can help parents approach custody disputes more carefully. If you have questions about your child’s preference in a custody case, speak with an experienced California family law attorney before taking action. At Mohajer Law Firm, we can help you understand how the court may view your child’s wishes, protect your relationship with your child, and build a strategy focused on their best interests. Contact us today to schedule a consultation. Transcript: Happy birthday, your kid just turned 14. But does that mean they can now choose which parent to live with? It’s not that simple, as California law takes a more balanced and structured approach. Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury. You probably notice that we are currently indoors and not strolling in a beautiful park like we usually do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. Although we are not walking in a park, the information you receive is meant to be simplified as if it is just a walk in the park. So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, welcome to our series, A Walk in the Park. Child Custody Rights and Child Preference In this video, I want to address what California law says about child preference, when and how a child’s voice is heard in court, some factors that override a child’s preference, and lastly, what parents should do if their child does have a preference. Does a Child’s Preference Matter at Age 14? So what does the law say about a child’s preference? Well, we all have heard the rule that once a child reaches the age of 14, their preference matters, and this is completely true. California Family Code 3042 states that once a child reaches the age of 14, the court shall consider the child’s preference when it comes to custody and visitation. However, this doesn’t mean the child has the final say, but that the court must only consider their preference. After all, the court has an obligation to make a ruling based on what they believe is in the child’s best interest. Now, the code also allows a child who is 14 years of age to testify and address the court if they so wish. But again, it doesn’t require the court to allow it if they believe it is not in the child’s best interest. How Is Your Child’s Voice Heard? So do kids get to choose who they live with? No, but they do have a voice, which brings me to the question: how and when is that voice heard in court? Well, we talked about how a child can testify or address the court if the court finds it in their best interest to do so. But the court can also allow the child to privately speak to the judge in a private or closed session where the other attorneys can be present, but only the judge can address the child. Another way a child’s voice can be heard in court is through their attorney. In some cases, a court will appoint an attorney to represent the child, and that attorney holds the privilege to communicate the child’s preference and desires to the court. But as a parent, it is extremely important to not coach or pressure a child in what to say when it comes to parenting time. Unfortunately, I have seen this far too many times, and it never ends well for the parent who is doing the coaching. They tend to lose custody completely, so be careful what you say to your kids if you find yourself in a custody battle. Factors That Override Your Child’s Preference So what factors override a child’s preference? Even if a child expresses a strong preference, the court may deny it if the preferred parent has a history of abuse, neglect, or instability, or the child’s reasoning is based on manipulation, bribery, or even lack of understanding, or even if the living environment may hinder the child’s educational or emotional needs. You know, a case comes to mind that I’m currently in where a child is refusing to see her father. She believes because she’s 14 years of age, she has this empowerment, and she could decide to violate the court’s order and not attend visits or even participate in phone calls. Now, the court has come to the determination that these behaviors of the child are not due to her own, but rather of that of the mother who is alienating the child from the father. In that particular case, the court is going to change custody from mom to dad in hopes that it will repair the relationship between father and daughter. What to Do If Your Child Has a Preference So what should parents do if their child does have a preference? If you are the parent the child prefers, one, avoid influencing or bribing the child. It sounds like a no-brainer, but I see this way too often to not bring it up. Work with a family law attorney to legally present the child’s preference, or even consider requesting the court to appoint minor’s counsel to represent your child,

Planning for a child with special needs means thinking beyond a basic will or inheritance plan. The wrong approach can unintentionally affect important government benefits like SSI or Medi-Cal, while the right estate plan can help protect your child’s financial security, care, and quality of life for years to come. Tools like special needs trusts, guardianship designations, letters of intent, powers of attorney, and ABLE accounts can all play an important role. In this blog, we’ll explain why estate planning is so important for special needs families and how the right legal guidance can help you plan with confidence. If you have questions about estate planning for a special needs child, contact Mohajer Law Firm today to schedule a consultation. Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury. You probably noticed that we are currently indoors and not strolling in our beautiful park. Regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. Although we’re not walking in a park, the information you receive is meant to be simplified as if it is a walk in the park. So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to our series called A Walk in the Park. I want you to think about this question. If you have a child with special needs, how can you ensure they’ll be financially protected and properly cared for even when you’re gone? In this video, I’m going to cover the essential tools and strategies parents need to build a secure future for their child without risking government benefits or creating legal complications. Specifically, I will address why estate planning is critical for special needs families, what a special needs trust is and how it works, additional estate planning tools for special needs families, as well as how an estate planning attorney can help. Why Estate Planning Is Important for Special Needs Families So why is estate planning so critical for special needs families? Traditional wills and inheritance plans may unintentionally disqualify a child with special needs from vital government benefits, such as SSI or even Medical. So when you leave assets directly to a child with disabilities, even with good intentions, it can cause them to exceed income or asset limits, putting their long-term support at risk. Proper estate planning isn’t just about passing down wealth. It’s about preserving eligibility and ensuring lifelong care. Special Needs Trust Now let’s talk about a special needs trust. What is it? How does it work? A special needs trust is a legal tool that holds assets for the benefit of an individual with disabilities without affecting their eligibility for needs-based programs. Some types of these special needs trusts are third-party special needs trusts, funded by parents or relatives, ideal for estate planning. And then there’s also first-party special needs trusts, which are funded by the child’s own assets. For example, if they received a personal injury settlement. Funds from the trusts can be used for non-covered expenses such as education, therapy, caregiving, travel, and quality of life enhancements. Please make sure that the trust must be properly drafted and administered to comply with both federal and state laws. Any error or mistake can result in disqualification. Additional Estate Planning Tools Besides the special needs trust, there are additional estate planning tools available for special needs families as well. Guardianship Designation There is a guardianship designation, which clearly names a guardian to care for your child if you become incapacitated or pass away. Someone who really understands your child’s needs and routines. Letter of Intent There is a letter of intent, which is a non-legal document that outlines your child’s medical history, daily care plan, routines, preferences, and long-term goals, which is so essential for continuity of care. Powers of Attorneys and Medical Directives There are powers of attorneys and medical directives. So as your child approaches adulthood, these are legal documents that may be needed to manage health care and finances if they are not capable of doing so independently. ABLE Accounts There are ABLE accounts, also known as California CalABLE, which are tax-advantaged savings accounts for individuals with disabilities that allow up to $100,000 in savings without affecting SSI benefits. Such a super useful supplement to a trust. When to Contact an Estate Planning Attorney for Your Special Needs Child Look, I get what we went over may feel like too much, but this is why it is very important to seek help from an experienced estate planning attorney. Every family’s needs are different. An experienced attorney can help not only draft a special needs trust tailored to your child’s unique situation, they can coordinate with public benefits to avoid conflict. They can name successor trustees and guardians and integrate trusts with life insurance, wills, and retirement accounts. Realize, when you plan early, it can avoid court involvement. It can preserve benefits and provide peace of mind. Don’t wait until there’s a crisis. Start while you still have full capacity and legal control. If you’re a parent of a child with special needs, estate planning is not an option. It’s essential. The right plan protects your child’s eligibility for benefits, secures their future, and ensures your wishes are honored. If you have questions regarding your case and would like to speak to a seasoned estate planning attorney, I welcome you to contact our office and schedule a consultation. We would be more than happy to sit down with you one-on-one and discuss your options. And as I stated in the beginning, if you like the contents of this video and you found them to be helpful, hit that like button, and don’t forget to subscribe so you’re always informed of any new videos

What happens to your assets if you pass away without a will in California? Many people assume everything automatically goes to their loved ones, but the reality is far more complicated. State intestacy laws take over, often leading to delays, disputes, and outcomes you never intended. Understanding how this process works is critical to protecting your family and your legacy. Want clarity and control over your future? Contact Mohajer Law Firm today to get started. Transcript: Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury. You probably noticed that we are currently indoors and not strolling in a beautiful park. Well, regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. Although we are not walking in a park, the information you receive is meant to be simplified as if it is a walk in the park. So if you like the contents of this video, please hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our series called A Walk in the Park. What Happens If You Die Without a Will in California? Now, I want you to think about this question: What do you think happens to your money, home, and personal belongings if you die without a will in California, especially under the updated 2025 laws? Now, although the state has a default process, it may not accurately reflect your actual wishes, and it can lead to confusion, conflict, and even court delays. So in this video, I want to address what happens if you die without a will in California, especially in 2025. Specifically, I want to go over what is intestate succession, who gets what under California’s 2025 intestacy rules, the risks of dying without a will, and lastly, how to protect your family and legacy with a proper will. So let’s just jump right in. Intestate Succession What is intestate succession? When someone dies without a will, they are said to have died intestate. In California, their estate is distributed according to intestate succession laws, which is a fixed legal formula that decides who inherits what based on family relationships. Now, these laws prioritize spouses, children, parents, and siblings in that particular order, but they leave no room for personal preferences, charitable gifts, or even friends. Even if you live with a partner or have stepchildren, they may receive nothing if you die intestate unless legally adopted or married. How Your Estate is Allocated under Intestacy Rules So who gets what under California’s 2025 intestacy rules? If you’re married with children, your spouse may receive half or more of the community property and a portion of your separate property, but your children will also have a legal share. If there are no children, your surviving spouse may share your estate with your parents or siblings, depending on the family structure. Now, if you die single with no children, the estate may go to your parents, siblings, and nieces and nephews, or eventually to distant relatives you may not have intended, and it will most likely be in that same exact order. Now, as of 2025, legislation has streamlined probate timelines and slightly altered the share percentages in certain blended family scenarios, but still offers no discretion for personal intent. Risks of Dying Without a Will So what risks exist of dying without a will? There could be significant probate delays. Without a will, the court must appoint an administrator, verify the heirs, and oversee the distribution of assets, a process that can take months or even years. There could be family disputes; disputes over who should inherit what are common in intestate cases, especially when no written wishes exist to guide decisions. There could also be unintended outcomes for the person who died. Valuable assets may end up in the hands of estranged family members, while lifelong friends or unmarried partners or favorite charities are completely excluded. So even a simple will can prevent most of these issues and give you control over who receives your assets, who handles your assets, and how quickly your wishes are carried out. How Can a Will Protect Your Family Legacy? So how can a will protect your family legacy? I’m going to try to make this super simple by outlining the key steps to take. One, you draft a valid California will that clearly names beneficiaries and an executor. Consider adding a trust to avoid probate and maintain privacy. You’ll want to update your documents regularly, especially after a major life changes. Include backup choices for guardianship, executors, and beneficiaries. And lastly, always a good idea to consult with an attorney to ensure your estate plan complies with California law and the 2025 updates. Please do not rely on do it yourself templates. A small, simple mistake in wording or signing can invalidate a will. I have seen this way too many times and it’s too late for you to do anything about it, as you were not able to speak up. So a custom plan ensures clarity, legality, and peace of mind. Summary: What Happens When You Die Without a Will So to recap, if you die without a will in California, the state decides who gets your assets and their choice might not match your wishes. Probate delays, family dispute, and unintended heirs may receive your assets that you did not intend for. A clear, legally valid estate plan puts you back into control and protects the people you love. Contact Us About Estate Planning in California If you’ve got questions regarding your case and would like to speak to a seasoned estate planning attorney, I welcome you to contact our office and schedule a consultation. We would be more than happy to sit down with you one on one and

When a parent goes to jail, many assume child support automatically stops, but that’s not how the law works. In California, support obligations continue unless the court formally modifies the order, which can lead to serious financial consequences if ignored. Understanding your rights and responsibilities during incarceration is critical, whether you’re the paying or custodial parent. In this blog, we break down how child support is handled, how to request a modification, and what happens if no action is taken—so you can avoid costly mistakes and protect your future. If you need guidance on your situation, contact our office today to schedule a consultation and protect your rights. Transcript: Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense and Personal Injury. You probably noticed that we’re currently indoors and not strolling a beautiful park like usual. Well, regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case. So although we are not walking in the park, the information you receive is meant to be simplified as if it is A Walk in the Park. So if you like the contents of this video, please hit that like button and don’t forget to subscribe, so you’re always informed of any new videos being posted. Without further ado, welcome you to our series called A Walk in the Park. What Happens to Child Support When a Parent Goes to Jail In this video, I want to address what happens to child support if one parent goes to jail. We’re going to go over the legal status of child support during incarceration, how to modify that child support, what happens if no action is taken, and lastly, how an attorney can help protect your rights. Legal Status During Incarceration Now in regards to legal status, under California law, a parent’s incarceration does not automatically pause or terminate their child support obligation. Unless the parent takes specific legal action, the existing court order remains in full effect and payments will continue to accrue. So this includes cases where the incarcerated parent has no income while in custody. The court considers child support to be a legal obligation and only the court can modify the amount owed. So if the parent fails to file for modification, the unpaid support, also known as arrears, will continue to accumulate and it could result in long term debt. How to Modify Child Support if You’re Incarcerated Which brings us to how to modify child support if you’re incarcerated. Parents who are incarcerated can request a modification of their child support order by filing what’s called the request for order, or RFO for short, with the Family Court. Now, this motion must be based on substantial change in financial circumstances, such as a loss of income due to being incarcerated. The court will evaluate the parent’s financial condition, sentence length and other relevant factors, and if the court grants the motion, then the support may be suspended, reduced or even temporarily modified. But it’s extremely important to understand that the court cannot retroactively modify the orders beyond the date the request is filed. It’s not about when the change in circumstance occurred, but really when the RFO was filed and a notice was provided to the other side. So waiting too long to act can actually leave the incarcerated parent with thousands of dollars in avoidable arrears. So legal tip, file the motion immediately upon incarceration to avoid accumulating that debt. What Happens If You Do Not Request a Modification During Incarceration Now what happens if you do nothing once you’re incarcerated? Well, if that parent fails to file for modification, the existing child support order, like I said, remains enforceable and unpaid payments become arrears. Now these arrears continue to grow and are subject to a 10% annual interest in California. So once released, a parent may face aggressive collection actions including wage garnishments, tax refund interceptions, as well as a driver’s license suspension. In some cases, the Department of Child Support Services can also suspend or revoke your passport until the entire indebtedness is paid in full. Now, these debts can seriously impact the parent’s ability to reintegrate and support their child after release. Even while in custody, taking proactive steps such as communicating with the Department of Child Support Services and filing the proper forms can help mitigate long term consequences. How an Attorney Can Help Protect Your Rights? So how can an attorney help protect your rights? Well, legal help is essential both for the parent who is incarcerated and for the custodial parent who may be affected by a missed support payment. For the Incarcerated Parent If you are the paying parent, an attorney can assist you in filing the proper motions with the court, communicating with DCS, providing documentation of your incarceration and income change, as well as requesting a fair and timely modification of support. For the Custodial Parent If you are the custodial parent, an attorney can help you enforce existing child support orders, prevent inappropriate modifications, as well as request court oversight to ensure continued financial support. So whether you’re facing jail time or your child’s other parent is incarcerated, legal guidance can protect your rights and your child’s best interests. So don’t wait. You need to take action early. Summary of How to Modify Child Support While a Parent Is in Jail In summary, we talked about how child support does not automatically stop when a parent goes to jail. Remember, incarcerated parents must file for a court approved modification to avoid long term debt and legal complications. And custodial parents have options to enforce child support even during incarceration. Contact Us About Child Support If a Parent Is Incarcerated So if you’ve got questions about your particular case or even situation and are in need of guidance, I welcome you to call our office and

When a loved one passes away and leaves behind a will, families expect that document to reflect the person’s true wishes. But sometimes, circumstances raise serious questions. Maybe the will was signed when the person was not mentally capable, or perhaps someone exerted pressure or influence over them. In situations like these, you may wonder whether the will can be challenged. In the video below, we’ll explain who has the legal right to contest a will in California, the valid grounds for doing so, the legal process involved, and the potential risks and costs you should consider before moving forward. If you believe a will may not reflect your loved one’s true intentions, contact our office to schedule a consultation and discuss your legal options. Transcript: If you have a loved one who has recently passed, leaving a will behind, in your gut, you might feel that that will is not a true reflection of, really, their last wishes. But what can be done? Can you contest it? How can you contest it, and what’s the proper procedure? Well, in this video, we’re going to address all of those. We’re going to talk about who has the legal right to contest a will in California, what are some valid legal grounds to contest that will, what’s the legal procedure, as well as some risks and costs associated with contesting a will. For those who don’t know me, I am Sina Mohajer with Mohajer Law Firm. We specialize in Estate Planning, Family Law, Civil Litigation, and Personal Injury. In these videos, I like to take complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how and how to act accordingly and protect your rights. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to A Walk in the Park. Who Has Legal Standing to Contest a Will in California? So who has legal grounds to contest a will in California? Well, any beneficiary named in that will that needs to be contested has legal standing to bring it forward to court. If you are not named in the will but you would have inherited something through intestate succession, you have grounds. Or any individual who was named in any previous version of a will has legal grounds to come forward and contest that will. What Are Valid Legal Grounds to Contest a Will? But what are some valid legal grounds in contesting a will? Testamentary Capacity Number one is the lack of testamentary capacity. That means the person did not have the mental capacity at the time of signing their will to make it valid. Undue Influence Another one is undue influence, where the individual might have been coerced or manipulated in a way to sign that version of the will. Fraud Another one is fraud, meaning that that signature is not even your loved one’s signature, but someone actually forged their signature. So therefore it’s an invalid will. Improper Execution Another one is improper execution, meaning the will was either not signed, which is required, or it was signed but it wasn’t witnessed. So therefore there’s no witness signature, which is another requirement under California law. Revocation And the last valid legal ground that you can contest a will is revocation, meaning you have a subsequent will that was executed after this particular will that you are contesting showing that there’s been a change in circumstances. All of those grounds would be considered as valid legal grounds for you to come forward in court. Legal Process to Contest a Will Now, what is the legal process in contesting a will? Well, most importantly, you have to act quickly. You were given 120 days from the date the will is provided to the probate court to be able to contest it. If you miss that window, you can potentially void any rights you have to contesting that will. So it’s important to act quickly. You have to file your objection with the probate court that’s handling the case as well as provide evidence to support your objection. Meaning, if there’s a medical report, if there’s prior drafts of wills to show that you have legal standing, or even witness statements. And lastly is show up to your hearing. If you don’t show up, you’re not going to win and you’ll automatically lose. So you have to be prepared to testify and support your evidence as well as possibly even bringing expert witnesses. Risks & Costs When Contesting a Will in California Now, what are some risks and costs associated with objecting or contesting a will in California? Well, first and foremost, it could most likely create family division. I’ve not seen a particular case ever where someone has contested and it did not create a divide within the siblings or other family members. So be prepared. Also, legal fees can get exceptionally high when you contest a will in probate court. Another risk or cost associated with contesting is if there’s a no contest clause associated with this will, meaning if you contest a will regardless of what you are to inherit from that will and you lose, you potentially lose or void your right to accepting any of the inheritance that you were named as a beneficiary. So it’s important to understand these risks before you take action. The last risk is also your burden of proof. Just like every other case, if you’re objecting to a will and you’re contesting it claiming that it’s invalid in some way, the burden of proof falls on you. You have to demonstrate to the court that it is invalid. And being able to prove fraud or undue influence is not an easy task. You have to have strong legal evidence to be able to support that.

In California, the probate process can be expensive, time-consuming, and completely public, revealing private details about your estate. As a result, it’s best to avoid probate if at all possible. I’m Sina Mohajer with Mohajer Law Firm, where we specialize in Estate Planning, Family Law, Criminal Defense, and Personal Injury. In this video, I’ll walk you through practical, legal ways to avoid probate in California. We’ll cover what probate is, why it’s best to steer clear of it, top strategies to protect your assets, common mistakes that still trigger probate, and when to speak with an experienced estate planning attorney. Transcript: As my friend Shakespeare once said, “probate or not to probate, that is the question.” And frankly, it’s an easy answer. It’s not to probate, because in California, it’s not only time-consuming, it’s costly, but it’s also public record. In this video, I want to walk my viewers through legal ways to avoid it in the state of California. Specifically, what is probate and why to avoid it, top strategies to avoid probate in California, common mistakes that still trigger it, as well as when to talk to an estate planning attorney. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in estate planning, family law, criminal defense, and personal injury. In these videos, I like to tackle complex legal issues and try to simplify them for our viewers in order to give you that knowledge and know-how to handle your case more effectively. So if you like what you hear today, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our mini-series called A Walk in the Park. What Is Probate and Why Should You Avoid It? So what is probate and why avoid it? Probate is a court-supervised process of distributing a person’s assets after death. It can be extremely expensive, which is one reason many families speak with an estate planning attorney in Arcadia before problems arise. Not only do you have court fees that you have to pay, but there’s also attorney’s fees that all come out of the estate, which means less is distributed to your beneficiaries. It could be extremely lengthy. It could take anywhere from months to even years to finalize, as well as it’s public. That means there’s no privacy as to what you have in your estate. And in California in particular, probate costs are exceptionally high due to the statutory fee structure. How to Avoid Probate in California So what are some top strategies to avoid probate in California? Revocable Living Trust The most powerful tool I can think of is a revocable living trust, where you designate assets in this trust that upon your death gets divided to the beneficiaries and you can avoid probate outright. Beneficiary Designation Another one is a beneficiary designation. These are usually used for life insurance policies, retirement accounts, or pay-on-death bank accounts that once you die, the beneficiaries automatically get the benefit and you can avoid the cost and length of probate. Owning Property Jointly with Right of Survivorship A third option is also owning property jointly with someone but having the right of survivorship tacked on. That means if you were to die owning real estate with a co-owner, upon your death, the full interest in ownership transfers to the other person, again avoiding probate. Transfer-on-Death Deeds Another one is transfer-on-death deeds, where you can have real estate owned by you outright, not sharing with another co-owner, but you fill out the appropriate paperwork so upon your death that real estate automatically gets transferred to the beneficiary you selected in order to avoid probate. If you are trying to protect real estate and other assets from unnecessary court involvement, it may also help to review your options with an asset protection attorney in Arcadia. Gifting Assets And the last tool, although it’s a small tool, it’s worth noting, is gifting assets to reduce your probate assets outright. The less assets you have to probate, the less time it’ll take, the less expensive it will be. But you can’t avoid the public part of the whole thing. Mistakes that Trigger Probate Some common mistakes that still trigger probate are creating a trust but not actually designating any assets in the trust to take effect. Having outdated beneficiaries: if you were involved in a divorce and your ex-spouse is still named a beneficiary, that can trigger probate. A third one is owning property solely and not having any type of joint ownership with right of survivorship, that can activate probate. And lastly is overlooking digital or out-of-state assets. If you forget to include any assets in a trust or a will, it will automatically trigger probate to occur. When to Contact an Estate Planning Attorney So when do you talk to an estate planning attorney? Well, if you have significant assets or real estate, if you own a business or have investment property, or you want to minimize your taxes, maximize your privacy, or even avoid DIY risks, it is wise to contact our office to discuss the right strategy for your situation. Because an estate plan that doesn’t conform with California law could end up failing in court and you’re stuck in probate anyways. Contact Mohajer Law Firm About Your Estate Planning So in this video, we covered a lot. We talked about what is probate, why to avoid it, top strategies in avoiding probate in California, some common mistakes that still trigger it, as well as when to talk to an estate planning attorney. So if you have questions about your case or your estate plan, I welcome you to contact our office for a consultation. Happy to sit down with you one-on-one to explore the best options and tools to implement in order to protect your future and the future of your loved ones. And

False allegations of domestic violence can have devastating effects on your reputation, your rights, and even your relationship with your children. Unfortunately, they’re not uncommon in divorce, custody, or breakup situations where they’re often used as leverage in disputes over support, custody, or property. In the video below, family law attorney Sina Mohajer breaks down why false accusations happen, what to do immediately if you’re accused, and how to protect yourself legally. From avoiding contact with your accuser to gathering strong evidence and hiring the right attorney, you’ll learn practical steps to defend your name and safeguard your future when facing false domestic violence claims. Transcript: Whether you’re dealing with a divorce, a parentage case, or even just a simple breakup in your relationship, you could be facing false allegations, or accusations, of domestic violence. But why are these false allegations happening and why do they matter? What are some immediate steps you should take if you’re being faced with these false accusations of domestic violence, as well as what are some legal strategies to keep in mind when handling a false allegation case? Well, in this video, we’re going to address all of that. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Estate Planning, and Personal Injury. In these videos, I like to take complex legal issues and try to simplify it for our viewers in order to give you the knowledge and know how and what to expect and how to handle your case a little bit more effectively. So if you like the contents of this video, hit that like button. And don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our channel called A Walk in the Park. Why Are False Allegations Made Against You? So why are false allegations even being made when you’re dealing with some type of divorce, custody, or a simple breakup? And it’s a little hard to say exactly why it’s happening to you specifically. But some advantages of making these allegations for the other side is that it can have certain implications in your divorce process. Accuser Can Avoid Spousal Support For example, if you are a victim of domestic violence, you are not required to ever have to pay for spousal support. So as a strategic measure, that could be a reason why false allegations are being made against you. Can Affect Your Custody Rights Or in a custody matter when there’s children involved, if there’s a showing of domestic violence, it could have an implication on your custody rights and your parenting time with your children. Negative Effect on Your Reputation Or when there’s just a simple breakup, a simple restraining order that could have an impact on your reputation, on your job, and so forth. People do things, and sometimes we can’t explain it, but it’s important to understand the implications and what to do moving forward. Immediate Steps to Take After False Allegations of Domestic Violence So what are some immediate steps you should take? Gather Evidence The biggest thing that I can’t emphasize enough is always gathering your evidence. Evidence, evidence, evidence. Without it, you’ve got nothing. Do Not Contact the Accuser One thing you cannot do is contact the accuser. Chances are, if you’re being accused of domestic violence and there’s already a court proceeding, there’s a possibility where there is a temporary restraining order against you, which means if you contact the accuser, you’re in violation of it. And in California, when you go to trial and then they are able to prove that you violated a temporary restraining order, it doesn’t matter whether they can prove all the allegations ahead of that, where they got the temporary restraining order for; all they have to show is that you violated a court order and it’s an automatic permanent restraining order. So I can’t emphasize that enough. And in my own cases, I see it all the time, where the accused contacts the accuser, whether directly or indirectly. And you can’t do either. You can’t make phone calls. You can’t come in person to talk to them. You can’t use a third party to go and talk to them and say, hey, why are you doing this? Or pass along any message whatsoever. Because like I said, when I go to trial, the first thing I look at is whether the accused violated the restraining order. That makes my job super easy, where I don’t have to prove the allegations of domestic violence. I just have to prove that you violated a court order and I’m going to get a five-year restraining order against you. So it’s very important that you follow that and you follow any other orders that the court makes. Comply with a Move Out Order In a restraining order, if you’ve been cohabitating with the accused, chances are there’s going to be a move out order. You have to comply. Anything the court orders, it’s very important that that is the first thing that you do, is read that order and comply to it to the T. Hire an Attorney Another immediate step that you should take is hire an attorney. I’ve seen many times people trying to handle the case on their own. And at the end of the day, they come to me seeing what I can do to help fix the mistakes that they made. And unfortunately, at that point it’s too late. If a restraining order is granted, you’re stuck with it and you have to follow the terms of that order. But if you’re able to hire counsel before your trial, before anything happens, it gives us the opportunity to increase your chance of refuting those false allegations and clearing your name. Legal Defense Strategies for False Allegations of Domestic Violence So what are some legal defense strategies that