Family Law Unfiltered

The Guardianship Process for Relatives and Other Third Parties Seeking Custody of Neglected Children

Episode Summary: In this episode, Emily Marx, a certified family law specialist, provides valuable insights into guardianships in California. She explains the legal aspects of guardianship, who can petition for it, and the process involved. Emily also discusses the evidence necessary for the court to grant a guardianship and the timeline from start to finish. Key Timestamps: 00:00 – Introduction 01:30 – Definition of guardianship in California 03:45 – Who can petition for guardianship? 06:12 – Situations leading to seeking guardianship 08:45 – Different courts handling guardianship cases 11:20 – Evidence considered in guardianship decisions 14:10 – Timeline of a typical guardianship case 17:55 – Preparation advice for filing a guardianship About the Show: *Family Law unfiltered with Emily* is a podcast that delves into various family law matters, offering expert insights and advice. Hosted by a certified family law specialist, the show explores topics like guardianships, adoptions, custody battles, and more.

Defending Against False Domestic Violence Accusations

Episode Summary: In this episode of *Family Law Unfiltered*, attorney Emily Marx  delves into the complex world of defending against false domestic violence accusations. She highlights the prevalence of such accusations in family law disputes and the detrimental impact they can have on individuals. Emily explains the crucial importance of successfully defending against false accusations to safeguard one's reputation, parental rights, and future. She discusses the lower burden of proof in civil domestic violence cases compared to criminal cases, emphasizing the significance of credibility in such proceedings. Key Timestamps: 00:00 – Introduction 01:30 – Reasons behind false domestic violence accusations 03:45 – Importance of maintaining composure in court 05:15 – Gathering and presenting evidence effectively 07:30 – Utilizing text messages, emails, and call logs as evidence 09:45 – Admissibility of witness statements 12:00 – Using visual evidence like photographs and videos 14:30 – Understanding hearsay exceptions in domestic violence cases 17:00 – Moving for a directed verdict in weak cases 19:00 – Financial implications and attorney fees in defending against false accusations 21:30 – Temporary vs. permanent domestic violence restraining orders 23:45 – Significance of Family Code 3044 presumption in custody battles About the Show: *Family Law Unfiltered* with Emily provides listeners with insightful guidance on navigating the complexities of family law matters. From debunking myths to offering practical strategies, this series aims to empower individuals facing legal challenges in family court proceedings.

California Child Support Explained

Episode Summary: In this episode of *Family Law Unfiltered* attorney Emily Marx delves into the intricacies of California child support guidelines. She explains how support amounts are calculated based on parental income and timeshare with the children, emphasizing the importance of accurate income assessment and timeshare determination. Emily also discusses deductions, income nuances, and the impact of self-employment on support calculations, offering valuable insights for navigating child support issues in California. Key Timestamps: 00:00 – Introduction 01:15 – California child support guideline formula 03:30 – Consideration of parental income for support calculations 05:45 – Importance of timeshare in support determination 07:20 – Understanding income available for support 09:10 – Distinction between income deductible for tax purposes and for support calculations 11:35 – Addressing under-employment and unemployment in support cases 13:45 – Role of forensic accountants in determining income for support 15:30 – Vocational evaluations for under-employed parents 17:10 – Recent changes in California law affecting child support add-ons 19:25 – Dependency exemptions and their allocation 21:40 – Advice on modifying child support obligations in case of job loss 23:30 – Consequences of non-payment and enforcement actions by DCSS About the Show: *Family Law Unfiltered* provides expert insights into family law matters, offering guidance on navigating legal complexities related to child support, custody, divorce, and more. Join attorney Emily Marx as she breaks down key legal concepts and practical strategies for individuals facing family law challenges.

Orange County Divorce & Child Custody: Costs, Private Judges, Legal vs Physical Custody (California)

Episode Summary: In this episode of *Family Law Unfiltered* The attorney delves into the intricacies of California family law, focusing on child custody, divorce costs, and the option of private judges. Listeners gain insights into the factors affecting divorce expenses, the role of private judges in expediting cases, and the critical considerations in child custody decisions. Key Timestamps: 00:00 – Introduction 01:30 – Cost Breakdown of Divorce in California 03:45 – Benefits of Using a Private Judge 06:20 – Core Principles and Myths in Custody Decisions 09:10 – Legal vs. Physical Custody Explained 12:45 – Common Parenting Plans and Schedules 15:30 – Mediation and Child Custody Investigations About the Show: *Family Law Unfiltered* is dedicated to unraveling the complexities of California family law, offering valuable insights and guidance on various legal aspects, including divorce, child custody, and support matters. Join us to navigate the legal landscape with clarity and confidence.