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Articles by Donald P. Schweitzer

• Grandparent Visitation Rights Still Exist
  Grandparent Visitation Rights Still Exist
  Published 06Apr2012, viewed 20 times

• Honoring Real Heroes Who Help Domestic Violence Victims
  The politicalization of domestic violence legislation can make anyone feel a little jaded about such a serious and pervasive issue. Fortunately, there are people who have not forgotten that domestic violence is still a societal ill, and who have dedicated their lives to actually helping victims of domestic violence. These individuals have created innovative methods of breaking the cycle of violence.
  Published 13Mar2012, viewed 64 times

• Custodial Parent's Right To Move Away With Children Is Given A Significant Boost
  Custodial Parent's Right To Move Away With Children Is Given A Significant Boost
  Published 12Mar2012, viewed 31 times

• Domestic Violence Restraining Orders Are Sometimes Stronger Upon Renewal
  Domestic Violence Restraining Orders - Sometimes Stronger Upon Renewal
  Published 03Mar2012, viewed 38 times

• Six Reasons to Proceed Carefully Before Requesting a Modification of Child Support
  Requesting a modification of child support in California can be highly technical. There are at least six reasons why an individual should think hard before filing a request for modification of child support...
  Published 25Feb2012, viewed 70 times

• Actor Jon Cryer: An Example Of Why Downward Modification Of Child Support Is No Piece Of Cake
  Actor Jon Cryer: An Example Of Why Downward Modification Of Child Support Is No Piece Of Cake
  Published 23Feb2012, viewed 72 times

• Domestic Violence Restraining Order Litigants Ordered To Speak With Investigator
  Orange County Peculiar Orders: Domestic Violence Restraining Order Litigants Ordered to Speak with Investigator
  Published 23Feb2012, viewed 58 times

• Three Tips for Sharing Custody this Holiday Season
  Every year during the merry months of November and December, you'll see attorneys frantically running into family court with ex parte motions (emergency motions) asking Judicial Officers to intervene and decide which parent gets to spend a holiday with their child. So, if you are a parent who is contemplating this course of action, I'd strongly suggest you keep reading.
  Published 03Jan2010, viewed 247 times

• Lowering Child Support By Investing In A New Mate
  I am about to tell you something that will make no sense: getting re-married after a divorce may result in a situation where you pay less child support based on the court's consideration of your new spouse's income. Before you call me crazy, please give me a chance to explain . . . .
  Published 04Dec2009, viewed 295 times

• Agreements To Pay Spousal Support - Watch Out For the Pit Falls!!!
  If you are going through a divorce or a legal separation and find yourself negotiating spousal support, be especially careful before you accept the terms of the agreement. Modifying a spousal support obligation is not as easy as you may think. It's not as if you can simply walk into a court and ask the judge to modify the order based on the fact that your ex-spouse recently acquired access to funds.
  Published 19Oct2009, viewed 250 times

• The Penniless Attorney and His Obligation to Pay Child and Spousal Support
  You know that paying child and spousal support is tough in California where even a high paid attorney complains about his support obligations. In the case of Marriage of Mosley, an attorney pleaded with the court to modify his monthly child and spousal support payments, claiming that he was financially destitute after making his payments.
  Published 22Jan2009, viewed 438 times

• The Non Custodial Parent's Quest for Dependency Exemption
  As a parent you many assume that you can claim your children as dependents on your tax returns. But what if you and the other parent do not live together? In review of Anderson v. Commissioner, a recent case decided in tax court, we see that there are specific rules as to which parent is entitled to the dependency exemption. Rules that you may need to know before filing your taxes.
  Published 23Jul2008, viewed 493 times

• When A Widow Is Not A Surviving Spouse
  Is it possible to be a widow, yet not a surviving spouse in the state of California? The answer is a resounding "yes," according to "Estate of McDaniels" (2008) 161 Cal.App.4th 458.
  Published 16Jul2008, viewed 272 times

• Court Orders Google to Turn Over YouTube Data
  A federal court has ordered the giant of all Internet companies - Google, to hand over documents concerning YouTube's viewing data to another media monster - Viacom. Viacom and Google are currently entangled in a no-holds barred lawsuit, concerning allegations of infringement of intellectual property rights.
  Published 08Jul2008, viewed 374 times

• California Father Is Let Off The Hook From Having To Pay Child Support For Adult Son
  Determining a parent's obligation to support a child in California is pretty cut and dry in most cases. However, as the parties in a recent published case learned, determining a parent's obligation to pay child support for an adult child will usually depend on the particular facts of the case.
  Published 02Jul2008, viewed 271 times

• Arrest Of Unruly Teen Caught On Tape
  Have you seen the video of the teenager who was arrested in Ft. Pierce for curfew violations? If not, please take time to view it now: http://www.tcpalm.com/news/2007/oct/04/dramatic-arrest-caught-camera-fort-pierce/
  Published 09Oct2007, viewed 345 times

• The Real Danger of Domestic Violence
  This past week I had to face a terrible reality: sometimes, there is no way to prevent the real dangers of domestic violence. . . I came to this reality after receiving a phone call from a friend of one of my clients, informing me that my client had been severely beaten by her ex-husband during an exchange of their two children in the courtyard of the local police department.
  Published 11Aug2007, viewed 476 times

• Negligent Babysitter - Tragic Results
  Imagine the terror a parent would feel learning that his or her child drowned while in the care of a negligent babysitter. Can a babysitter be charged with criminal gross negligence? What safeguards should parents take to minimize the risks associated with hiring people to care for their children?
  Published 03Jun2007, viewed 386 times

• Lindsay Lohan’s Hit and Run Accident
  Walking the streets of Los Angeles is becoming more and more hazardous, given the amount of drunken celebrities on our roads. This past weekend we became aware that Lindsay Lohan was arrested in Los Angeles for hit and run, and driving while under the influence of alcohol. It also appears that the police located a white powdery substance believed to be cocaine either within Ms. Lohan’s vehicle or person.
  Published 01Jun2007, viewed 311 times

• My Neighbor Is A Registered Sex Offender, And I Can't Tell Anyone!
  Did you know you can check online for sex offenders registered in your neighborhood . . . Have you thought about what you might do if you happened to check the registry and found out your new next door neighbor is a sex offender whose crime included lewd acts with a child?
  Published 25Mar2007, viewed 497 times

• Men Can Be Victims Of Domestic Violence Too!
  The reality is that domestic violence against men happens. It happens more than we think, and there is just nothing funny about it. What's worse is that many men who fall victim to domestic abuse are frequently suspected of, and sometimes even arrested and charged with domestic abuse against their spouse when they act in self defense or in some cases when the man has done absolutely nothing.
  Published 24Mar2007, viewed 419 times

• Tightening Down On Domestic Violence - New Laws
  Without a doubt, domestic violence remains one of the most popular subjects for our politicians, as evidenced by the continuous flow of new laws related to this topic every year. The following new laws, which became effective at the beginning of this year, demonstrate the California legislatures’ practice of leaving no stone unturned in their effort to quash domestic violence.
  Published 08Feb2007, viewed 449 times

• New California Laws Against Child Abuse
  Last year the California legislature was very busy enacting new laws designed to prevent child abuse. The new laws that went into effect January 1, 2007, were designed to address some of the problems we have seen with the high profile cases over the past couple of years. However, the actual effectiveness of these new laws in preventing child abuse is questionable.
  Published 18Jan2007, viewed 514 times

• Domestic Violence Law- A Force To Be Reckoned With!
  This article is about the history of domestic violence laws in California and the evolution of these laws to better protect victims of domestic violence, largely as a result of the O.J. Simpson case, involving the murder of his ex-wife, Nicole Simpson.
  Published 17Nov2006, viewed 452 times

• The Severe Consequences Of Domestic Violence
  Being convicted, or even just being accused of committing domestic violence can have a steep consequences ranging from loss of immigration status, to a severe impact on one's earning abilities, and finances. This article highlights some of the lesser known legal ramifications associated with domestic violence cases.
  Published 08Nov2006, viewed 471 times

• California Divorce Documents-How Much Of My Private Life Will Become Public Record?
  This article is for anyone interested in the right to privacy concerning California divorce proceedings and court documents. The article summarizes the sections of the California Family Code applicable to this subject.
  Published 07Nov2006, viewed 464 times

• In Hot Pursuit Of The “Recanting Victim”
  This article is about the extreme methods used by prosecutors in handling uncooperative victims of domestic violence, essentially "victimizing the victim", and thoughts on why the criminal justice system needs to consider changing their policies when dealing with first time offenders and victims who do not want to go forward with prosecution.
  Published 30Sep2006, viewed 491 times

• Obligation of Support For Mail Order Brides and Their Children
  This article deals with the expanded obligation of support by American citizens who sponsor foreign spouses and their children.
  Published 10Sep2006, viewed 386 times

• Changes in the Law that Affect Our Children: Part II
  This article outlines changes in the law that affect children.
  Published 11Aug2006, viewed 351 times

• Changes in the Law that Affect Our Children: Part I
  This article outlines changes in the law that affect children.
  Published 10Aug2006, viewed 400 times

• Get Rid of your Child Support Headaches!
  Custodial parents throughout the nation are not receiving court ordered child support, and as a result millions of children are not provided for. Moreover, custodial parents routinely give up in their quest to receive support. In this article we will explore the various methods available in the collection of child support and discuss the importance of vigorously pursuing such matters.
  Published 08Aug2006, viewed 420 times

• Child Custody and the Right to Move Away
  For those of you who are interested in understanding the law concerning custodial parents who wish to move out of the area with children over the objections of the non-custodial parent, this article is for you.
  Published 25Jul2006, viewed 596 times

• The Process of Family Court Restraining Orders
  Given that restraining orders typically impose significant limitations on a party’s liberty, and can affect a party’s ability to find or maintain employment, these matters are being taken more seriously by the courts in recent years. Understanding the processes of requesting family court restraining orders in California is becoming more relevant all the time.
  Published 22Jul2006, viewed 483 times

• The Police Want to Speak With Me - What Should I Do?
  Have you ever stopped to consider what you would do if you were suddenly faced with the prospect of getting arrested and asked to speak with the police? Unfortunately, life is not predictable, and some of us may find ourselves in compromising positions where the police will attempt to speak with us. This article will provide you with useful information in the event the “unimaginable” happens and you are accused of committing a crime.
  Published 21Jul2006, viewed 404 times

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