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San Jose Divorce Attorney | Foreman & Rugile
Whiting and Rugile is now the Law Offices of Foreman and Rugile, LLP. This change is in name only: the partners, the firm, and our mission remain the same.
Many people going through the dissolution process struggle with defining their "date of separation." For some, it is very black and white: s/he moved out of the marital home and perhaps changed her/his bank accounts and therefore can pinpoint the exact date of separation. However, for most people, it is much more complicated.
For various reasons, spouses may need to remain in the marital home for some time, there may not be an extra bedroom to sleep in, they may need to keep their finances connected for specific reasons.
Attorneys also struggle with putting concrete terms to define a party's date of separation. We can give some guidance and examples, but the rules are not clear.
Fortunately, the California Supreme Court will provide some clear guidelines (hopefully) in a few months when it decides In Re Marriage of Davis.
http://www.sfgate.com/news/article/State-Supreme-Court-to-decide-definition-of-6244538.php
SFGATE.COM
State Supreme Court to decide definition of marital 'separation’
We see cases involving parental alienation and gatekeeping all the time, unfortunately. However many parents do not understand how their behaviors towards the other parent directly affects the children in the relationship. Nor do the parents usually understand that such behaviors weigh heavily in the decision to change custody from one parent to the other.
My advice to all parents, especially those going through high conflict custody and visitation litigation: figure it out. Get along for your children. You do not have to like your ex-spouse, but that person is still your children's mother or father. Pass along important information regarding your children, because that is the right thing to do. Stop setting him or her up for failure, because that is ultimately hurting your children. In fact, there's an app for that too! TalkingParents.com is a free tool to help with co-parenting communication.
This is a nice article about parental gatekeeping:
http://www.huffingtonpost.com/b-robert-farzad/are-specific-child-custody-gatekeeping_b_5666848.html
HUFFINGTONPOST.COM
Are Child Custody Laws That Treat Parental Gatekeeping Like Child Abuse Long Overdue?
"Law Suits" for All Clothing Drive:
During the month of July you can donate gently worn suits and business attire to the Men's Wearhouse and receive 50% off your next purchase.
Best yet, all donations benefit at-risk men transitioning into the workforce. You can go to menswearhouse.com to find a donation location. #giveasuit
http://www.menswearhouse.com/webapp/wcs/stores/servlet/ContentAttachmentView?contentName=MW4ABTnsdHome.html&catalogId=12004&storeId=12751
MENSWEARHOUSE.COM
National Suit Drive
There is lots of media coverage on the recent arrest of Mallory Loyola, Tennessee's first charge under its new law criminalizing drug use during pregnancy.
Here is an interesting perspective... "“There’s this notion increasingly for women that by carrying a fertilized egg, she can be subject to unique and certain penalties, punishment and control.”"
http://abcnews.go.com/Health/doctors-object-tennessee-law-criminalizes-drug-pregnancy/story?id=24557525
ABCNEWS.GO.COM
Why Docs Oppose Criminalizing Drug Use During Pregnancy