Sabharwal Law OfficesSabharwal Law Offices2026-10-06T13:29:14Zhttps://www.sablawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1103986/2024/09/cropped-Sabharwal_Law_Offices_Site_icon_D-32x32.pngOn Behalf of Sabharwal Law Offices<![CDATA[Why legal custody matters beyond parenting time ]]>https://www.sablawoffice.com/?p=476282026-10-06T13:29:14Z2026-10-06T13:29:14ZYour rights include major life choices
Legal custody defines your authority over important decisions for your child, beyond the hours you spend together. In California, joint legal custody gives both parents a role in major decisions about their child’s education, health care and religious activities. Meanwhile, sole legal custody gives one parent that authority. Physical custody concerns where your child lives, while your legal custody order determines your decision-making authority.
When deciding how to assign those rights, judges base custody decisions on your child’s best interests, without favoring either parent because of gender. Equal standing may not guarantee shared authority, particularly when abuse or safety concerns affect the outcome. A joint legal custody order needs to identify which choices require both parents’ consent and the consequences of acting without agreement. For other decisions, either parent generally may act independently within the limits of the physical custody order.
How to secure a voice in your child's upbringing
Clear terms start with your legal status and your proposed decision-making responsibilities. Actions to consider include:
Confirm legal parentage. If you’re unmarried and have not established that status, a valid Voluntary Declaration of Parentage or court judgment can formally recognize you as your child’s parent.
Request joint legal custody. Propose shared authority through an agreement or court filing. Show how your input would benefit your child, such as helping manage an ongoing illness.
Spell out consent rules. Identify school changes, therapy, religious instruction and sports or camp commitments that should require agreement. Add a way to resolve disputes before either parent acts.
Stay informed about daily needs. Ask schools and health care providers for notices and records, subject to privacy rules. Attending appointments and teacher conferences often provides context for informed decisions.
Respond to exclusion through court procedures. Save messages showing any breach of required consent. You can ask the court to enforce or clarify the order.
As your child grows, the arrangement may need to address concerns you did not anticipate.
Why you should plan for changing needs
Preparing for new stages can help you respond when existing terms no longer fit. For instance, a teenager's independence could call for different rules than a preschooler's routine.
Any revised order should explain who handles the new issue and when consultation is necessary. An attorney can assess whether those concerns justify a modification, which generally requires a significant change in circumstances for a final custody order.]]>On Behalf of Sabharwal Law Offices<![CDATA[Understanding “Marvin claims” and palimony rights in the East Bay]]>https://www.sablawoffice.com/?p=476122026-06-26T11:34:53Z2026-06-26T11:26:18ZWhat is a Marvin claim?
The 1976 California Supreme Court case Marvin v. Marvin changed how the law treats unmarried couples. Before this case, courts generally refused to enforce agreements between unmarried partners because they involved romantic relationships. The Marvin decision established that unmarried couples can have enforceable agreements about property and financial support, just like business partners.
A Marvin claim allows you to seek a share of property or financial support from a former partner based on an agreement between you. This agreement can be express (clearly stated in writing or verbally) or implied (shown through your actions and conduct during the relationship). For example, if you and your partner agreed that one of you would stay home to manage the household while the other worked, you might have grounds for a claim.
How palimony works in California
Palimony is a term for financial support paid to a former unmarried partner, similar to alimony in divorce cases. However, California courts do not automatically award palimony the way they handle spousal support in divorces. You must prove that an agreement existed between you and your partner.
To pursue a Marvin claim or palimony in the East Bay, you generally need to show that you had an agreement about sharing property or providing support. Courts look at various factors, including how long you lived together, whether you pooled resources, whether you made financial sacrifices for the relationship and whether you had children together.
Written agreements are the strongest evidence, but California courts also recognize oral agreements and implied contracts based on the couple's behavior. If you contributed to your partner's business, supported them through school or gave up career opportunities for the relationship, these factors could support your claim.
Keep in mind that every situation is unique, and Marvin claims can be complex. If you are considering pursuing or defending against such a claim, understanding these issues and knowing your legal options could help you navigate the process.
]]>On Behalf of Sabharwal Law Offices<![CDATA[Living together in California? Protect yourself with a cohabitation agreement]]>https://www.sablawoffice.com/?p=475922025-12-23T18:39:31Z2025-12-23T18:37:54ZHow does it work?
Think of a cohabitation agreement as a contract for your relationship. It’s a written document that explains how you and your partner will handle money and property while you’re living together. Most agreements focus on a few main things:
Owning a house: If you buy a home together, the agreement specifies how much of the property each person owns.
Paying the bills: It determines who is responsible for rent, utilities and any credit card debt.
Splitting things up: It sets a plan for how to divide your stuff or provide financial help if you ever go your separate ways.
Having these details in writing prevents the "he-said, she-said" arguments that often happen during a split. California requires real estate transfers to be in writing. However, some exceptions apply to cohabitation cases, including oral or implied agreements.
The truth about "palimony"
You have probably heard this term. In California, “palimony” usually refers to a "Marvin Claim," stemming from a famous 1976 court case involving actor Lee Marvin. It allows unmarried partners to sue for property division or support based on express (written or verbal) contracts, as well as implied contracts evidenced by the parties' conduct.
The problem is that oral promises are difficult to prove and very expensive to litigate. A written agreement settles the debate before it even starts by providing clear proof of what you both actually intended. This proactive step can save you thousands of dollars in legal fees and years of stress.
What about the kids?
If you have children, it’s essential to understand that you can't use a cohabitation agreement to bypass the law. California courts always have the final word on what happens with kids, involving:
Child support: You cannot sign away a child’s right to financial support in a private contract.
Custody: You can’t predecide who gets the children; a judge will decide based on what is best for the child at that time.
While you can't make "final" rules about children in your agreement, you can still document your shared parenting goals, demonstrating to the court that you both intended to provide a stable and supportive home from the outset.
Making it official
Creating one of these agreements is ultimately an act of mutual respect. Think of a cohabitation agreement like any other important contract in California. It is a flexible tool that lets you set your own rules for your relationship. However, you have to be careful about how you frame the "deal."
In California, these contracts are only valid if they address financial support, property sharing or household duties. If the agreement implies that one person is being compensated for a sexual relationship, a judge will likely throw the whole thing out. To make it stick, the document should clearly focus on your shared finances and nonsexual contributions to the household.
Having a skilled lawyer draft or review your cohabitation agreement is crucial to ensure the document protects you and will hold up in court if you ever need it.]]>