Archive for January 2017
Parachute Kids and Divorce in a Foreign Land
Parachute kids, the phenomenon of foreign youngsters living apart from their parents for the benefit of an American education, received heightened attention recently due to a violent bullying incident in the Los Angeles suburb of Rowland Heights.[1] While only now receiving popular attention, successful business people and families from all over East, Southeast, and South…
Read MoreSame-Sex Marriage Decision and its Implications on Family Law
In the wake of the U.S. Supreme Court’s recent momentous decision in Obergefell v. Hodges (2015), same-sex marriage is now protected federally in all 50 states. In effect, the ruling held that the 14th Amendment requires states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states. The Courts’ ruling…
Read MoreIndia’s Recent Efforts at Doing Away with Gender Bias in Child Custody Laws that Favor Fathers
The Law Commission of India, which advises the Indian government on legal issues, recently made recommendations that divorced parents be given joint custody of minor children. This recommendation was made in an effort to quell India’s prevalent gender bias in child custody laws that favor fathers over mothers. Directly impacted by this recommendation would be…
Read MoreTransmutation
Under California law, property acquired during marriage is considered community property with some exceptions such a gifts and inheritance. However, transmutation plays an important role in the division of property at divorce. Transmutation is the transfer of property rights between the spouses which results in a change of legal or beneficial ownership of the property…
Read MoreEnforcing a Foreign Judgment in France
In France, when a judge has to deal with a foreign judgment, they first must distinguish the area of law. This means they must decide whether the subject in question is a good or a person. Indeed, in some cases, to enforce a foreign judgment you will need to utilize a procedure called “exequatur.” This…
Read MoreCan I see my private doctor for my workers’ compensation injury?
The short answer is maybe. However, it is only when an employee has pre-designated his or her private doctor, and the pre-designation occurred prior to the workers’ compensation injury. There are additional requirements that must be met before an injured worker can see his/her private doctor and remain under the care of one’s private doctor…
Read MoreComparison Between US Law and French Law
Based on my exposure to California’s and France’s family law court system, I have realized there are some differences between domestic and international legal systems. In France, divorce can be pronounced for 4 main reasons. Similar to California, parties can agree on the divorce and all consequences. This is known in France as “divorce with…
Read More730 Custody Evaluation
Has a Child Custody Evaluation “730 Evaluation” been ordered by your California Family Court Judge, and are you completely in the dark as to what it is? You are not alone. Often times in contested custody proceedings a Judge may appoint a child custody evaluator to conduct a child custody evaluation in cases where the…
Read MoreWhat Are Your Options if You’re Pregnant, Part 2: Maternity Leave – Family and Medical Leave Act
In February, we posted a blog about SDI and PFL for expectant parents. This blog article will provide insight into another option that expectant parents have during pregnancy or after the birth of a child. Family and Medical Leave Act, or hereafter referred to as FMLA, provides 12 weeks of unpaid, job-protected leave in a…
Read MoreMedical Treatment Disputes in Workers’ Compensation Claims
California Workers’ Compensation Laws provide certain benefits to employees injured on the job, including medical treatment for the industrial injury. At the initial evaluation, the workers’ compensation doctor will create a treatment plan which may include consultations with specialists, conservative medical treatment, diagnostic testing, and/or surgery. This means that the injured worker will be entitled…
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