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After a divorce, parents may feel they and their child need a change of scenery. This is understandable; however, always make sure to inform the non-custodial parent if that change of scenery means taking a child across state lines. Temporary Vacations If this change is temporary, say to visit relatives or go on a vacation, non-custodial parents generally won’t mind, so long as it doesn’t interfere with any current custody orders or travel restrictions. Regardless, informing the non-custodial parent shows respect and allows you to obtain written consent should any future disputes arise. Permanent Moves Moving a child to a new state permanently is a different matter. Even if you have sole physical custody, there’s a possibility you could be charged with child kidnapping, especially if the non-custodial parent did not know about the move. In California, a parent must give the non-custodial parent 45 days’ notice prior to a move. Should the non-custodial parent dispute the move, both parents will make their case in front of a judge for the best interest of the child. Factors that may be considered include: The reason for the move; Distance from the non-custodial parent; and Impact on the well-being of the child. Visitation In the Wake of COVID-19 If moving a child out-of-state after a divorce wasn’t complicated enough, when it comes to visitation and custody arrangements, there’s still considerations we must adhere to when dealing with the ramifications of COVID-19. Luckily for most parents, courts are no longer using COVID 19 as an excuse to keep non-custodial parents from exercising their visitation rights. Unfortunately, that still may not stop some custodial parents from using the following excuses to attempt to deny a non-custodial parent visitation: One parent works in healthcare, are constantly exposed to large groups of people, or have tested positive for the virus; There are stay-at-home orders or regional lockdowns in place; One parent disagrees with current mandates, such as wearing masks, washing hands or social distancing. One parent seeks to move to, or currently lives in, a hot spot; The parents live too far away from one another; A child must travel on a plane, or there are travel bans or quarantines in place. It may seem respectful to listen to, and acknowledge, some of these concerns, however if visitation is being denied for any of the above reasons, it’s important to seek legal advice and/or seek a court intervention immediately. COVID-19 has made living hard on everyone, but no more so than on parents who want to share in their child’s lives. Just remember, whatever the situation or concerns may be, it is always best practice to talk to a lawyer about your specific case before making any travel arrangements or permanent moves.

Many businesses have had to find new and inventive ways to serve their clients and customers over the past few months. This includes employees working from home, an expansion in teleconferencing, and conducting customer relations via phone and online video. King Law Firm Attorneys at Law, Inc. transitioned through the pandemic maze with great efficiency. However, law firms were particularly hit with one major issue that couldn’t be immediately rectified — the closing of court houses, which inevitably furloughed thousands of cases nationwide. With the pandemic waning and businesses and courthouses once again opening, King Law Firm Attorneys at Law, Inc. is making a concerted effort to follow ever-changing state mandates to help mitigate the spread of COVID-19. Here are some of what we are doing to keep our employees and clients protected and healthy as we begin the process of reopening. Our offices are once again open to the public. Those who would like a return to face-to-face meetings are welcome to do so, but, in accordance with state mandates, we must ask everyone to wear a mask and continue social distancing practices while inside the office. If you cannot wear a mask due to health conditions or disabilities, we are happy to offer safe alternatives. Some of our lawyers, paralegals and staff are still working remotely as permitted by their workloads and will be available for phone and video conferences for anyone who would prefer those methods of communication. Courts are opening with restrictions that may affect our clients in different ways. Along with mandatory face mask and social distancing requirements, only clients, attorneys and witnesses may enter the court room (no family or friends will be allowed) and service hours are being limited, which means less cases throughout the day. We will make sure to inform each of our clients of the restrictions prior to any court hearing and offer any safe alternatives if needed or requested. There are many alternative filing options, such as outdoor service windows and drop box locations, and documents may be filed by mail or online when available. There is a new project for online courts in the works that may give the justice system a new, robust and remote alternative in the near future. This would include a virtual, self-help forum for clients to better understand their rights and obligations. Until this system is operational, more information will be offered online for you to make a clear, well-thought out decision before moving forward with your case. No matter how long the COVID-19 pandemic may last, one thing is certain: almost all of the above modifications will be long-lasting changes within the industry. Lucky for us, these changes will allow for more relaxed interactions with our clients, more efficiency in how cases are handled, more collaboration between colleagues, and a much better balance between work and family for all involved. Check out or YouTube Channel for more information and updates.

Every year, King Law Firm Attorneys at Law takes a quick look at some of the new 2020 California laws that have taken effect on the first of January and are most likely to affect your business, your personal life and your health. Work and Business Minimum wage has risen to $13 dollars per hour for companies with over 25 employees and $12 for companies with less than 25 ( SB 3); also, some independent contractors may have to be classified as employees if you control and direct their work as part of your core business ( AB 5). Businesses may no longer discriminate against someone’s natural hairstyle or texture ( SB 188), and they must provide adequate, intrusion-free accommodations for lactation that includes electrical outlets, refrigeration and sinks ( SB 142). If your business has at least five employees, you must provide sexual harassment training every  two years ( SB 1343), and employees now have up to three years to file a claim of discrimination or harassment ( AB 9). Marriage Heterosexual couples of any adult age may now register as domestic partners instead of choosing marriage ( SB 30). Health Adults living in California illegally are now eligible for government-subsidized health insurance benefits ( SB 104), and transgender youth currently in the foster care system now have access to gender-affirming medical services, mental health counseling and hormone therapy ( AB 2119). All California residents will be required to have some type of health insurance ( SB 78). Public Safety and Privacy The statute of limitation on reporting domestic violence to law enforcement is now five years ( SB 273) and the statute of limitations for reporting a childhood sexual crime has been changed to the age of 40 ( AB 218). Anyone who is banned from buying a firearm in another state will no longer be able to purchase one in California ( AB 164), and you must be 21 years of age to purchase a semi-automatic rifle ( SB 61). If a firearm is removed from the home by a child or unauthorized user, the owner of the firearm may be charged with a crime and be banned from owning a firearm for up to 10 years ( SB 172). Children under the age of 12 who commit a non-violent crime will be reminded to their parent or legal guardian instead of being sent to juvenile hall ( SB 439). Education Public and charter school students in grades four through eight may no longer be suspended for defying teachers or administrators ( SB 419), and students will no longer be denied lunch even if their bills are unpaid ( SB 265). Housing Homeowners Associations and landlords may no longer prohibit anyone from displaying religious items on entry doors and frames ( AB 652), nor can they increase their rents more than 5% plus inflation each year ( AB 1482). Please feel free to contact King Law Firm Attorneys at Law if you have questions or need clarification on any of these and other 2020 California laws that may affect your future.

Performing due diligence when it comes to setting up an inheritance is highly recommended for anyone with a family. Having a living trust in place when your time on Earth has expired helps protect family members from lengthy and costly probate or contentious legal battles while they are still grieving your loss. However, no matter how much time and effort we place in building a living trust, mistakes still happen. Real property or other assets may sometimes be unintentionally left out or never transferred to the trust. In California, this type of oversight can be remedied by filing what’s known as a Heggstad Petition. What is a Heggstad Petition? The Heggsted petition was formed after the Heggsted estate probate ruling in 1993. Prior to his death, Mr. Heggstad failed to record a grant deed to formally transfer some property to the trust. However, because he had previously listed the property on the trust’s Schedule of Assets, there was a clear intent to transfer the property to the trust, which prompted the court to rule that it was, in fact, part of the trust. Since this ruling, this measure of intent has been redefined to include assets that aren’t listed on the Schedule of Assets but include written, legal proof that it was always the decedent’s INTENT to include the asset. When should I file a Heggstad Petition? Some reasons to file a Heggstad Petition include: Property not being transferred or being incomplete at the time of death; Flawed paperwork Failing to change the title of the property; or Failing to return the property to the trust after a refinance. Be aware that if the court denies the petition, the estate loses any fees associated with filing and may delay the distribution of assets even longer than a normal probate. How do I file a Heggstad Petition? Heggstad Petitions are filed under California Probate Code 850. You may file for a petition if you meet one or more of the following criteria: A trustee holds the title to the property, but another person claims ownership; A trustee claims title to a property that is held by someone else; or the property is claimed to be subject to a creditor There is no formal document to fill out, but there is specific information that must be included: A copy of the decedent’s trust, including the Schedule of Assets; Relevant decedent and beneficiary Information; A description of the assets in question; and Clear and legal documentation of the decedent’s intent to include the property in the trust. Filing a Heggstad Petition can be quite arduous; providing vague language, such as “all property” may not be beneficial or enough to grant the petition, and you must provide a 30-day notice to all interested parties before filing. Bottom line, you will definitely want to talk to a probate attorney to correctly file the Heggstad Petition.

Recently, there’s been a rise in the number of young unmarried couples living together and older couples merely “shacking up” instead of getting married. What these couples may not understand is that simply being in a long-term, committed relationship does not give them the rights and benefits of a married couple. Misconception – California is a common law state Though there are several states that do recognize common law marriage (which states as long as you live together in a committed relationship for a set number of years, you will receive the same rights as a married couple), California is not one of them. Living together, or cohabitating, does not guarantee the same rights to property and inheritance. In the eyes of the law, these couples are nothing more than “legal strangers.” In other words, the rules governing community property and intestacy do not apply to unmarried couples. This can make some things easier, but others, such as the division or inheritance of real estate, can become quite sticky. Having a cohabitation agreement covering financial obligations during and after cohabitation, a will, and/or a living trust is a must to guarantee the correct distribution of property. Misconception – Custody and Paternity automatically belong to both biological parents Despite what you may believe, unwed fathers have very little, if any, rights when it comes to custody. Regardless of whether someone is the biological father or is in a long-term, committed relationship with the mother, the mother is automatically granted one hundred percent physical custody of a child born out of wedlock. In California, though, courts do take into consideration the health, safety and welfare of the child. If the father is the primary caregiver or has signed a Declaration of Paternity at the time of birth, he may have more rights when it comes to custody and visitation. Misconception – Cohabitants have rights in health care decisions Unlike married couples, cohabitants do not have any rights when it comes to making medical decisions on behalf of their partner. Spouses, adult children and biological parents are treated as top-priority decision-makers, regardless of how long someone has lived with their partner. Therefore, individuals must have a medical or healthcare directive in place. This includes a Health Care Declaration indicating how you are to be treated in emergency situations, as well as a Durable Power of Attorney for Healthcare designating who has the right to make medical decisions on the individual’s behalf. Misconception – Cohabitants can dictate funeral arrangements Although cohabitants may have told their partner what they want when they die, it doesn’t mean that person has the right to carry out those wishes. These decisions automatically go to the next of kin, and only a spouse, parent, child, grandparent, sibling or legally authorized representative may order a certified copy of the death certificate. Having a will or other notarized legal affidavit granting these rights to the cohabitant is the only way to keep family members from going against the deceased’s wishes.

Many of the millions of undocumented immigrants currently living in the United States are hardworking individuals who simply want to provide a better life for their families. Despite this, they struggle with the daily threat of deportation, a burden made heavier by the fear of possible separation from family members, including children, who are U.S. citizens. Though it’s scary to think about what one will do to survive if returned to their home country, one of the biggest concerns of deportation is not knowing whether the family you’re forced to leave behind will be taken care of financially. That’s why it’s always better to have some type of estate planning measures in place. The following are just a couple of options available if you are one of the millions struggling with this fear: Power of Attorney The simplest estate planning option is to grant a U.S. citizen power of attorney. Much the same way a living will might work, the grantor can include what should be done with particular assets, healthcare matters, and who may be designated as the guardian of their children. Self-Settled Trusts Setting up a self-settled trust (sometimes called a “deportation trust”) is a bit more complex. This type of trust works in a similar way to an asset protection trust, wherein the grantor and the beneficiary are the same person. The trust allows the grantor the ability to add guardianship details, stipulate the payment of debts and what should happen to assets not listed in the trust, and can be setup so that the beneficiary can receive discretionary payments approved by the trustee as long as the grantor is living in the United States. This type of trust protects real estate, bank accounts, businesses and personal property, making it difficult, if not impossible, for authorities to freeze or confiscate these assets should the grantor suddenly be forced to leave the U.S. There are three major hurdles one must consider before creating a self-settled trust: The grantor must first apply for an International Taxpayer Identification Number (ITIN) with the IRS. This allows the undocumented citizen to open a bank account needed to setup the trust. Only a handful of states currently allow self-settled trusts. California and Arizona do not recognize self-settled trusts, though California doesn’t necessarily prohibit them either. It’s just much harder to receive the benefits that the trust may allow. Advanced planning is critical. Most states apply a protection statute of limitation on the trust, requiring a set time a trust must be in place before benefits will go into full effect. Do not wait to set up the trust when deportation is imminent, otherwise, there may not be enough time to settle all affairs. For more information on these, or other estate planning options that may be available to you as an undocumented immigrant, or how taxation matters might affect you, contact a qualified immigration attorney.

A prenup for a pet? Why? Because you love your pet. We know you do. Whether it be a dog, a cat or even a horse, they aren’t just a piece of property you have to walk and feed. They bring joy, comfort and friendship; the deep bond you form with your pet makes them an integral part of your family. Now imagine bringing a pet into a new relationship or deciding to adopt a pet after getting married. Both you and your significant other no doubt love the animal as much as you love one another. In some cases, your pets become your children. But then things take a turn for the worse. Arguments get heightened and you just want out of the relationship. As your lawyers begin to divide your property, your pet becomes a bargaining chip. Your significant other fights tooth and nail to keep the animal, while you refuse to give it up. Like your once brand-new couch, your hope for an amicable divorce is ripped to shreds. In recent years, custody battles over pets, especially with the millennial generation, is on the rise, as they choose to have pets over kids. This is why more and more couples are gravitating toward a prenup prior to the adoption of their new family member, so that they may avoid similar scenarios. A pet prenup can help decide who in the relationship will care and feed for the animal, pay for insurance and medical bills, take them to the veterinarian, and ultimately who would retain the pet in the event of a breakup or divorce. In most states, pets are still treated as property, making the prenup an iron-clad statement of ownership. However, California recently passed Assembly Bill 2274, which differentiates companion animals and pets from all other types of assets and allows the courts to judge the merits of ownership on the health and well-being of the animal, even with a prenup in place. Without a prenup in place, if your name is on the adoption documents, the animal is considered yours. However, if your spouse is the sole caretaker of the animal, the judge could conclude that the animal would be better suited to live with them. Having a prenup in place would help you better fight for the rights of the animal. Pet prenups may also include shared custody arrangements, which outline what custody would look like in the event of a divorce. If you have children, a shared custody arrangement would generally follow the child’s, giving comfort and stability to both the child and the pet. If you don’t have kids, custody arrangements are better when agreed upon prior to taking on the responsibility of pet ownership. Best of all, having a pet prenup can give you piece of mind and a healthier relationship with both your significant other and your pet. And isn’t that what we all really want?

Let’s be clear: plastic straws have not been outlawed in California. However, as of January 1, 2019, restaurants (with the exception of fast food) may not provide you with a plastic straw unless you specifically ask for one. In addition, all restaurants must provide a healthy drink, such as milk or water, as the default beverage in a child meal. As usual, this is just the tip of the iceberg. Below is a list of the laws implemented at the beginning of 2019, categorized by importance to our clients. Small Business Regulations Street vendors are free to sell on California streets, but are subject to regulation if they’re in violation of health, safety or public welfare standards. (Read Bill) Corporate Business Regulations If an employer is required to obtain information about a conviction, or a job applicant would be required to have a firearm, employers may ask the applicant about particular convictions regardless of whether they have been expunged, are sealed, eradicated or dismissed. (Read Bill) Employers may not force any employee to sign a waiver or non-disclosure agreement in order for the employee to be hired, earn a raise or get promoted. (Read Bill) Claimants in sexual harassment suits can choose to keep their name private, while employers may no longer secretly settle or hide factual information in regard to sexual harassment or discrimination claims. (Read Bill) Employees are protected from defamation lawsuits when an allegation of sexual misconduct is based on credible evidence or without malice. (Read Bill) Publicly held corporations must have at least one female on their board of directors by the close of 2019. (Read Bill) Companies must make a reasonable effort to provide a room that is not a bathroom for breastfeeding. (Read Bill) Juvenile Law Minimum age for prosecution in juvenile court is now 12, except in the case of murder or rape. (Read Bill) No child under the age of 16 may be tried as an adult or sent to prison. (Read Bill) Social Policies An “X” will appear on driver licenses for those who do not identify as male or female. (Read Bill) Breeding of cats, dogs and rabbits is now prohibited in pet stores. (Read Bill) Students are free to wear religious and cultural adornments during graduation ceremonies. (Read Bill) Law Enforcement Police must release all body camera footage to the public within 45 days of an assault or death at the hands of an officer. (Read Bill) Anyone convicted of misdemeanor domestic violence is now prohibited from possessing a firearm for life. (Read Bill) Licensed firearm dealers may not sell long guns (rifles or shotguns) to anyone under the age of 21, except when that person is in law enforcement or the military. (Read Bill) Ammunition and bullet drums may now be confiscated along with the weapon. (Read Bill) Personal and Public Safety Gun owners must participate in eight hours of proficiency training prior to receiving a concealed carry license. (Read Bill) Driver’s found guilty of DUI must install a temporary breathalyzer in their car. (Read Bill) If you would like to know more about these, or any laws not listed above, visit California Legislative Information.