Real Estate

Sep 29 2017

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Imputed Earnings: Get a Real Job
During marriage (or domestic partnership) spouses (and domestic partners) have a duty to support each other as outlined by Family Code 43. read more By Donald S. Sherwyn, Esq. August 2017

Divorce and The Stay-At-Home Parent
Whether you ve made the decision to divorce, or the decision was made for you by the other parent, when you are the traditional Stay-at-H. read more By Christine Reynolds Inglis, Esq. August 2017

Are Attorney’s Fees Available To Enforce The Terms Of My Judgment?
Attorney’s fees may be sought under a variety of reasons in any action under the Family Law Act. This article discusses some options for fees when see. read more By James P. Reape, Esq. August 2017

Helping Hungry Families In Santa Clarita
For many Santa Clarita families, summer time means family trips, pool or beach days and backyard barbecues with friends and neighb. read more By Reape-Rickett Law Firm August 2017

Reasonable Self-Defense – Not Abuse
Self-defense can be a tricky thing. On one hand are those instances where an attempted burglary or assault – or sometimes even an attempt. read more By John F. Grannis, Esq. August 2017

Domestic Violence and Spousal Support
Domestic violence, known as the quiet epidemic, is often a taboo topic, or considered a private, family matter. According to the Nationa. read more By Andrea Bruns, Esq August 2017

What Our Clients Have To Say

“Russell Thaw of Reape-Rickett Law Firm is a committed, diligent, compassionate, and compelling attorney. Without Russell, I would have been overwhelmed with the pressures and anxiety of deadlines and paperwork, likely with a bad outcome. I was not doing well without an attorney. This all changed with Russell. My interactions with Reape-Rickett have been very professional, understanding, and compassionate. This made the process much more bearable. Anna Thursland got everything right and communicated details perfectly. A real professional. I would choose n”. read more – Jay

“David Rickett ensured a WIN for my international move away case! As the father and custodian of my children, I sought the help of the Reape-Rickett Law Firm for a highly-contested, post-judgment, international move-away custody case. Each and every member of the firm we came in contact with was extremely professional, highly skilled, and courteous. Following David’s advice led to settlement hours before the final court appearance. Thanks to the Reape-Rickett Law Firm, I maintained custody of my children and was allowed to complete an international mo”. read more – Kenneth

“Mr. David Rickett and his staff are phenomenal! When my daughter’s father took me back to court to remodify child support, I was expecting the worst as he had intentions of cutting my daughter’s support in half, despite the fact that he spends 0 time with her and makes significantly more income than I do. I had used this firm in the past to establish paternity and child support, and so I sought legal aid from Mr. Rickett to see if there was some way I wouldn’t lose that money. After even just an hour of consultation, Mr. Rickett gave me all the tools nec”. read more – Jenn

“My ex and I ended things violently, and I needed a lawyer fast. My now-boyfriend went to law school and used his connections to get me in contact with Russell Thaw at Reape-Rickett. My job paid me roughly 15k/year (before taxes), so I wasn’t able to afford to pay what all the other lawyers wanted me to pay. Russell worked with me and set me up with an up-and-coming attorney, Lovette Mioni, who was able to accept monthly payments I could actually afford. What I got was someone who was adept in the trade, who worked closely with Russell in all of my affair”. read more – Monica

Keeping Children Together – More On Siblings Rights

by Reape-Rickett Law Firm – The Reape-Rickett Family Law Firm

In a recent child custody case, the trial court separated siblings due to their “influence” on each other, and awarded one child to each parent. The father believed one son, who was autistic, was holding back the other son’s development. The trial court agreed by reasoning it “had a kind of hunch that maybe (modeling behavior) was going on,” and awarded the son who was not autistic to the father. Marriage of Health, C.A. 2nd, No. B171500, Sept. 15, 2004.

The appellate court reversed the decision for two reasons: the state’s public policy strongly favors preserving the sibling bonds whenever possible, and that disability, mental or physical, is never to be presumed as a barrier to individual rights. The lower court was ordered to analyze the actual impact of the autistic’s son’s condition on his brother, and to analyze the impact of separation on both children.

In this case, when mother and father separated, the young boys remained with their mother. Temporary orders gave mother primary physical custody. When the mother relocated, the father petitioned for sole legal and physical custody. The temporary orders remained in effect as the parents agreed not to separate the children. A few months later the father’s position changed and he felt the children should be separated because one son was holding back the other’s development. No evidence was presented concerning the boys actual relationship to each other.

On reversal, the appellate court opined that the family court failed to consider the bond between the brothers, the opportunity to share each other’s live, and failed to consider the detriment of their separation. Also, the court pointed out that the bond between parent’s with disabilities and their child cannot be severed, so too should the bond between siblings not be severed.

“Children are not community property to be divided equally for the benefit of their parents. The children have not chosen to divorce each other. At a minimum, the children have a right to the society and companionship of their siblings.” Marriage of Williams (2001) 88 cal. App. 4th 814

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