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In this video, family law attorney Sina Mohajer discusses common and important terminologies that you should know in any family law case, and specifically, “ATROs.” What does that mean? If you have any questions or would like to speak with a skilled attorney about family law—including Automatic Temporary Restraining Orders—contact Mohajer Law Firm today at (626)569-5200. Transcript: Epstein credits, watts charges, FLARPLs, ATROs, keech declaration. Am I even speaking English? These are common terminologies and important terminology that you should know in any family law case. And in this video we’re going to cover one of them. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyer since 2019.   ATROs in a Divorce Proceeding ATROs, what does that mean? Well, ATRO stands for automatic temporary restraining order. Within the ATRO itself, there’s multiple orders that you cannot violate. Financial Restrictions In a divorce proceeding, you cannot take liens on properties, you can’t empty bank accounts, you can’t remove the other side from your health insurance, you can’t cash out your 401K or close out your pension, or change even beneficiaries to your life insurance policy. All these things need either an agreement or a court order. Child Custody Restrictions If you have kids, a parentage action, or if you have kids in a divorce proceeding, you are prevented from removing the children from the state of California without consent or court order. Even if it’s for a weekend getaway. And you can definitely not change the residence of the minor children as well.   Help With Your Temporary Restraining Order in California If you have questions about your case, or you like to explore different avenues on how to handle your family law case, or there’s other questions—maybe other terminologies that I just offered that gibberish before—feel free to give our office a call. We offer a free initial consultation, I’ll be happy to sit with you one-on-one.

Are you dissolving your marriage and want to know how to divide assets in a divorce? When involved in a divorce case, you’re going to need to split up your property and assets, regardless of whether you have a lot or little. In this video, Sina Mohajer discusses the process of splitting those property and assets in the divorce case and what items are considered as assets in a divorce case. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626)569-5200. Transcript: When involved in a divorce case, you’re going to need to split up your property and assets, regardless if you have a lot or a little. Now, in this video, I want to discuss the process in splitting those property into assets in a divorce case. But specifically, I want to address the questions as far as what items are considered as assets in a divorce case. What constitutes as community property and separate property assets? And whether you can even get divorced without splitting up any assets. Hi, I’m Sina Mahaja. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Assets in a Divorce Case When you’re looking at items that are considered as assets in a divorce, you want to remember the general rule of thumb: anything acquired from the date of marriage to the date of separation certainly must be included in your judgment. And they need to be divided, as far as who’s going to take what and so forth. But to be safe, you should also include any property or assets that you acquired prior to marriage and even post-separation. The more clarity or specificity you add to your judgment is going to make it a lot cleaner divorce and it won’t leave any uncertainty or any vagueness as far as who’s going to take what assets. Now, some assets to consider to divide are, for example, going to be real property, real estate. If you have any, they need to be divided. If you guys own a business, that needs to be divided as well. Other items, for example, personal items, vehicles, cars, jewelry, stocks, bonds, pensions, retirements, anything that can be tangible or has any type of value are going to be considered as assets in a divorce case. Community Property vs Separate Property Now, the difference between community property and separate property, it depends on that general rule of thumb I just mentioned. Anything you acquire from the date of marriage to the data separation is going to be automatically presumed as community property. That doesn’t mean you can’t overcome that presumption. And anything acquired prior to the date of marriage or post separation is going to be considered as your separate property. Overcoming the Presumption of Community Property Now, to overcome that presumption of community asset or community property during the duration of your marriage, it depends on how you acquire that asset. If you were to receive it as an inheritance or a gift, that will overcome that presumption. It would be considered as your separate property asset. And at time a divorce, you’re only splitting up the community property. So that means, the law states, any community assets that are considered to belong to the community, you divide those equally 50/50, but all your separate property assets, those belong to you and they should not be touched. Can You Get Divorced Without Splitting Up Assets? Now, the last question is can you even get divorced without splitting up any of your assets? The short answer is yes and no. You can’t get a final judgment on all issues without splitting up your assets because that is one of the issues that need to be resolved in your divorce case. Now, when I said, yes, you can get divorced, you can do what’s called a bifurcation of status, meaning you can request a court to dissolve your marriage and give you the status of being a single woman or a single man. And then deal with the property issues at a later time. But your case wouldn’t be complete. Help With Dividing Your Assets in a Divorce Now, if you’ve got questions about your divorce case or you’d like to speak with a seasoned family law attorney, we offer a free initial consultation. Feel free to reach us online or contact us over the phone. I’ll be happy to sit with you one-on-one.

Are you a mother who’s dealing with a child custody case? Do you want to know how to win a custody case for a mother? In this video, family law attorney Sina Mohajer discusses three things that can affect your case: factors that could potentially weaken a mother’s case, what would constitute an unfit mother, as well as ways to strengthen your case when dealing with the issue of child custody. If you have any questions or would like to speak with a skilled attorney about family law or a child custody case in California, contact Mohajer Law Firm today at (626)569-5200. Transcript: If you’re a mother dealing with a custody battle, you cannot assume that you’re going to automatically get custody of your children simply because you’re the mom. In fact, you have the possibility and the risk of losing custody if the court finds that that’s what’s in the best interest of your children. Now, in this video we’re going to cover three parts: The factors that could potentially weaken your case, or a mother’s case, in the issue of custody What would constitute as an unfit mother As well as ways to strengthen your case when dealing with the issue of child custody Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Restricting Contact of the Child and the Other Parent One of the biggest factors that could potentially weaken a mother’s case in the issue of custody is when the mother is not promoting significant and continuous contact of the child and the other parent. Now, I had a case, for example, where mom ended up contracting COVID. You know, COVID is still amongst us, but the child was a potential exposure. She was not diagnosed, or she was not tested positive for COVID, yet mother decided not to allow the child to leave the house because of quarantine issues and prevented the father from having any custodial time. That is a huge no-no. Courts don’t like to see that. In fact, if the child is even sick with COVID or without COVID, a simple cold or a fever, as long as there’s not a doctor’s note that says that this child has to remain in bed for 24 hours or what have you, then there’s nothing stopping from the other parent of caring for that child. And that is one issue that can potentially weaken your case as a mother in a custody battle. Communication Another key factor is communication. I have seen countless of times where moms just simply don’t communicate. Why? Because they feel this sense of entitlement that they’re the ones who gave birth. And you did. But the court doesn’t give you any sense of entitlement as far as what you can and cannot do with your children. In fact, the law is very clear that both parents have equal rights to these kids, regardless who carried them for nine months, who spent hours in the delivery room and delivered this child. So, communication is another big factor. By not communicating where the child is residing, not communicating as far as extracurriculars or school enrollment, medical treatment or anything of that sort, could potentially harm your chance of maintaining or even getting primary custody. Unfit Mothers How a court finds a mother to be unfit are the same factors that the court may look at with any parent determining if they’re unfit. Factors may include having an alcohol or substance abuse addiction, whether you’re a negligent parent, for example, unable to maintain your household duties as well as child care duties. So many factors that come in, where it places maybe the children’s safety and their well-being at risk, would constitute you as an unfit parent, or specifically an unfit mother. Strengthen Your Case Ways to strengthen your case when it comes to a custody battle is honestly to be the best co-parent you can possibly be. Now, you don’t have to bend over backwards and always give in to the other parent. And let them see the children whenever they want. But to be more reasonable, if there’s times for example, the non-custodial parent is unable to see the child on a particular day that the two you might have agreed upon, and a different day could possibly work, then go ahead and do that. Don’t fight based on principle, but really look at as far as what’s going to bring you most favorable to the court, in their eyes. Another way is communication as well. Now, the court always wants to give primary custody to the parent that’s going to foster a great relationship with a non-custodial parent, the parent who’s going to follow the court order and allow that frequent and consistent contact with the other parent as well. Help With Your Child Custody Case in California Now, if you’ve got questions about your case, or you like to explore different avenues we offer a free initial consultation, feel free to reach out online, give us a call at the office, and I’ll be happy to sit with you one-on-one.

In this video, family law attorney Sina Mohajer discusses what questions family law attorneys are going to ask you during consultation. So, you can better prepare and figure out who’s the right fit for you. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626)569-5200.     Transcript: If you’re contemplating and filing for divorce, you’re most likely to be having a few consultations with different family law attorneys to figure out who’s the right fit for you. Now, it’s important before you go to these consultations, you understand the types of questions we as family law attorneys are going to ask you, so you can better prepare. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.   Dates, Child Custody, Income & Assets Many questions that we like to ask during a consultation is obviously the statistics of the marriage. The date of marriage, the date of separation, whether you believe the other side is going to contest any of those. But, as well as the other issues that are encompassed in a divorce, we’re going to ask you about, for example, do you have kids? Is custody and visitation going to be an issue? What is your idea of the right parenting plan, child support, spousal support or alimony, whether one side is going to be requesting it? To ask about your gross monthly income opposed to the other side’s gross monthly income. What kind of assets or debts that the two of you might have acquired during the marriage, or even previous to the marriage, or subsequent to separation. Because we need to figure out how we’re going to divide everything most equitable. Meaning, the scale of justice has to be equal when we’re giving assets and liabilities to both sides. One person can’t take everything, all the assets on the other side to take all the debt. Now, if you have these answers prepared, it’s going to allow your consultation to move a little bit more smoother.   Is the Divorce Amicable? One big question that I like to ask my clients, or people who are potentially thinking of retaining my office, is do you believe the other side is going to be amicable? The reason being is because it’s going to allow me to assess your case to figure out whether this is going to go towards settlement or if we’re going to actually take this all the way to trial and litigate every single issue. The more issues we’re able to resolve between you and the other side, one, it’ll be less expensive for you to pay an attorney’s fees and court costs; two, the time it takes to get divorce is going to be a lot faster; and three, it’ll take less of an emotional toll or mental toll on you as well.   Help With Your Family Law Case in California If you have questions about your case or you’d like to schedule that consultation with our office, I’m happy to sit down with you one-on-one and discuss your case in more detail.

In this video, family law attorney Sina Mohajer discusses the common mistakes parents make in a child custody case. It’s important to not make these same common mistakes that I see day after day, in many of my family law cases. If you have any questions about your custody battle, or would like to speak with a skilled family law attorney, contact Mohajer Law Firm today at (626) 569-5200. Transcript: Co-parenting doesn’t have to always be hard, but one thing is it’s not always going to be easy, and you’re going to bump heads with the other side. But when you come to those situations it’s important to not make those same common mistakes that I see day after day in many of my family law cases. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.   How to Respond to Child Custody Violations Now, common mistakes happen all the time. That’s why they’re called common. But it’s very important for you to understand what these common mistakes are in order to, hopefully or potentially, avoid them when you’re dealing with your custody issue. I like to explain a situation that just recently happened with one of my cases. I represent mom, and dad had a custody order in place where there’s certain rules and regulations that they’re not allowed to do, or what they’re supposed to do. However, dad inadvertently, or maybe purposefully, violated that order and removed the kids to a different county without notifying mom first. Well, that is a violation of the court order. But one common mistake I see is that now my client felt that because father violated the court order, she could violate the court order, and two wrongs make a right. It doesn’t. Let me be the first one to tell you, if you haven’t heard it before, two wrongs do not make a right. She violated the order and withheld visitation. That is the biggest mistake I see as a family law attorney when I’m dealing with my custody cases. When one parent thinks that it’s okay to go ahead and violate that court order simply because the other side has violated the order previously. But the courts don’t see it that way. In that particular situation, father’s violation was a small little issue, but mom’s violation is a bigger issue. Withholding visitation, not allowing a child to see the other parent, is a huge no-no. And that’s just one common mistake.   Bad-Mouthing the Other Parent Another common mistake, or a few other common mistakes, I see is, for example, talking to the children about the court proceedings, whether using the children as messengers, bad-mouthing the other parent, whether it’s directly to the child or within earshot. At the end of the day, your children are like sponges. They absorb everything. You don’t have to say you’re in a bad mood, they know you’re in a bad mood. So when you’re unable to hide your emotions, or hide your feelings, the kids are affected. And when the kids are affected, your case is affected. And if your case is affected, well heck, you might end up losing your custody that you’ve been fighting for so hard and so long.   Help With Your Child Custody Case If you’ve got questions about your case, or you’ve got questions about your custody situation and you need some legal counsel, we offer a free initial consultation. Feel free to give our office a call. Contact us online. I’ll be happy to sit with you one-on-one to discuss your options if you’ve got the best approach to take.

It is important to understand domestic violence restraining orders and their effect on your divorce proceedings. You need to know what to do if you feel unsafe in your home and what type of evidence you want to have to increase the chances of having a judge grant you a restraining order. Here’s what you will want to consider to obtain a court restraining order. Add More to Your Domestic Violence Protection Domestic violence restraining orders are designed to protect the person who needs them. If you are being abused by someone you are married to, in a relationship with, or share a child with, you want to ensure that the other person cannot come near you, your work, your vehicle, and other places. If the other party is stalking or harassing you, you want to make sure they cannot get access to you, and in some cases, these orders include the children, as well. California is a No-Fault Divorce State Because California is a no-fault state regarding divorce, you can’t get more in your divorce case due to domestic violence allegations against your spouse. However, if you have a restraining order against them due to this violent activity, your spouse cannot ask the court to require you to pay alimony or other types of spousal support. Unfortunately, that can lead to people making false claims to avoid these payments, which means you need proper evidence to get your domestic protection order. What Evidence Do You Need to File for a Restraining Order Having video or audio evidence of your partner physically harming you can be hard. Instead, courts look at witness credibility, including third-party witnesses. Emails, text messages, and other written communication can also be used. The more evidence you have, the quicker you can have a domestic violence protection order granted. If you are the victim of a domestic violence incident, you want to contact the police first. Create a report with them so you have a paper trail of what has happened in your relationship. Having a police report is not required to get a restraining order, but it’s a meaningful way to show that you fear for your safety. Work With Trusted Legal Support By working with an attorney, you can get the documents filed and an answer from the court on the same day. That usually comes in the form of an emergency, or ex parte, hearing, and you can waive notice to the other party. You will be issued a temporary restraining order for 21 days. You will have a hearing within that time frame, and the other party can present their side of the case. Reach out to us at Mohajer Law Firm today, and let us work with you to get the support and protection you deserve. We make filing for domestic abuse much more convenient. Whether you need a domestic violence restraining order or have questions about the process and the situation you’re currently in, we are here to help.

Lost your job and paying child support?  There’s no denying that divorce is more complicated when children are involved. Unfortunately, the inherent challenges of dividing time, responsibilities, and finances won’t end after your divorce proceedings have come to a close. As life circumstances change, you may need to revisit previous arrangements. Your goal will still be to provide the resources and quality of life your children deserve, but how you achieve all that may change. Job loss, in particular, may impact your ability to contribute to your children’s stability and way of life. Suddenly, child support costs that previously seemed reasonable may become entirely out of reach. What happens next? Keep reading to find out:   Try for a Child Support Modification The original child support order from your divorce will remain valid unless you take active steps to get it changed through official channels. Often, this means petitioning the court for a modification. Job loss is one of many valid triggers for reducing child support payments. Be prepared to provide ample proof of your situation. At a minimum, you’ll need to document your income (including unemployment insurance) and expenses, as well as current custody arrangements, childcare costs, insurance, and other relevant details. The court will review this information and make a series of decisions, beginning with your eligibility for a modification. If the court determines that you qualify, the new amount you can expect to pay will be discussed next. However, until a modified court order arrives, you will be expected to continue paying the previously approved amount. With modifications, time is of the essence. It’s impossible to change child support arrangements retroactively, so you must take action as quickly as possible. Don’t wait it out, assuming your job situation will improve; work with a trusted attorney to gain the protection and peace of mind you deserve.   What About Stipulated Agreements? Depending on your relationship with the other parent, resolving your child support concerns may be possible without requiring the court to take over. Instead, you can seek a stipulated agreement. This allows you and the other parent to agree to the modified amount in advance. This agreement must then be filed with the court.   Working With a Los Angeles County Child Support Attorney Modifications often feel nearly as complicated as the original divorce. A skilled Los Angeles county child support attorney can provide the support and insight you need during challenges such as job loss. Empathetic support is central to our work at the Mohajer Law Firm. We’re here to guide you through life’s most difficult circumstances. We boast a track record of success and solid feedback from our satisfied clients. We’re here to help you and your loved ones find the best possible outcomes, even when life deals you with an overwhelming series of challenges. Don’t hesitate to reach out and learn more about the role we can play in modifying your original divorce arrangements. You’re welcome to schedule a free consultation so we can discuss your case. Get in touch today to take the next step.

Understanding how child support is calculated in adoption cases is critical if you have an adopted child and you’re going through a divorce. You want to ensure your child receives what is fair and just and that they are suitably cared for financially. Whether you are asking for support or maybe the one asked to pay for it, remember that adopting a child means stepping in to fill the shoes of the biological parent. That means you have all the parental rights, but you also have all the financial obligations. What Do the Courts Look At? As an adoptive parent, you have the same financial obligations as a biological parent regarding the calculation of support. According to established guidelines, the court will look at several factors to determine the amount of support. Among those factors is your income. There are many types of income, and it’s possible to discuss the issue in depth. But in most cases, what matters is that the court will look at your income vs. the income of the other parent. Then they will put those figures into the calculation to see how much child support should be paid, and to which party. Your Taxes Play an Important Role Your gross income, which means the income you receive before taxes, is what the court will look at. However, income can be reduced through some types of deductions. For example, you may have required dues for the union you belong to or mandatory retirement from your paycheck. You might also pay some expenses for the child, such as health insurance. If so, you’ll get those things as a tax break or a deduction in the support you’ll be asked to pay. How you file your taxes also matters. The courts will look into tax factors such as: Whether you file single, head of household, married filing jointly, or married filing separately If you claim the child on your tax exemptions, giving you a tax break You have more disposable income when you claim a child on your taxes and receive a tax break. That can mean you could be asked to pay more in support. However, if the other parent claims the child and receives the tax break, they get the benefit. That means you could pay less in support since they’re benefiting from their taxes, and you aren’t. The Bottom Line for Child Support in Adoption Child support for adopted children is treated the same as support for biological children. But every case is different in its specifics and details. If you have questions or want more information about support for your adopted children in a divorce case, we offer an initial consultation. Give us a call, or contact us online, so we can sit down and address your concerns.  

COVID-19 has created a lot of new situations for parents, especially those who share custody after a divorce or court-approved child custody plan. Parents might not have ever thought about whether they would have to agree to give their child a new vaccine. They also might not have ever considered that a child would have to quarantine with one parent or the other. Now, COVID-19 is forcing parents to ask hard questions, such as: Does my child still go to visitation with their other parent if the child has COVID-19? Does my child need to skip visitation to quarantine with one parent if someone in the family was exposed? Can visitation or traveling to see the other parent be rescheduled informally (without a court order)? Because everyone is facing these issues for the first time, many of these questions do not have clear answers. However, parents can rely on some general rules to help guide what they should do in these unique situations. General Rule: Follow the Parenting Plan When you have shared legal custody of a child in California, you are required to develop a parenting plan. That parenting plan will set out visitation schedules and address many “big picture” items regarding raising your children together. Many plans also address how the parents should work together if the visitation plan needs to be rescheduled. You should remember that the parenting plan is a court-approved document. Not following the plan can get you in trouble with the judge if the other parent challenges your actions. Changing the Parenting Plan You can change a parenting plan by formally requesting a change with the court. However, formal requests to change the plan are generally only used to ask for permanent changes. Any change that you request based on COVID-19 is likely not going to be permanent, so asking for a formal change might not make sense. If you and the other parent can work together to informally change the parenting plan to adjust for COVID-19, that is often your best option. However, you may want to document that both parents agreed to the change so that the other parent cannot come back and complain that you violated the parenting plan later. When Matters Cannot Be Resolved: Getting the Court Involved You can ask the court to approve a change to the parenting plan that stops or limits visitation because of COVID-19. However, the court will review any request like this very carefully. The judge might ask questions like: Has the child been tested? What was the result? Have the parents been tested? Are the other members of the household vaccinated? Are there any underlying health conditions that make exposure more dangerous? Ultimately, the court will always do what is in the child’s best interests. In most cases, visiting with the other parent will be in the child’s best interests, regardless of COVID-19. However, there are exceptions to every rule. Keep in mind that the last thing you want to do is present your issue to the court and come off as a parent trying to take away time from the other parent without a legitimate reason. If you have concerns about visitation and COVID-19, set up an appointment with our office to further discuss your options.   [yotuwp type=”videos” id=”qX1tzI3r1bA” ]