Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD091A
Course Title (CB02)
California Family Law
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
Substantive and procedural aspects of family law practice in California, with emphasis on dissolution procedures.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board for a course that covers the law and practice in the field of domestic relations. This course belongs on the certificate and degree programs in Paralegal Studies. This course was developed to provide students with the knowledge to assist legal practitioners specializing in family law.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

ADMJ D009. or PARA D009. or POLI D009. or PARA D094. (either course may be taken concurrently) or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

In-class essays

Homework and extended projects

Assignments

  1. Oral
    1. Class discussion.
    2. Small group discussion on topics in family law.
  2. Written
    1. Creating and completing forms
    2. Analyzing statutory and case law
    3. Analyzing hypothetical factual situations
    4. Objective and Essay midterm and final examination
  3. Reading
    1. Assigned readings from text, statutes, cases and selected references
    2. Library research

Methods of Evaluation

  1. Oral assignments on student ability to communicate understanding of issues in family law and the role of the paralegal in the family law firm.
  2. Written assignments where student will demonstrate the ability to properly complete forms and draft competent legal documents in the area of family law.
  3. Midterm and final examination testing student knowledge of basic California family law and procedure.

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Sherman, Ed, Naraghi, Hamid, and Woodcock, Bill. "How to Do Your Own Divorce in California", 41st ed., Nolo Press 2018.
Stone, Katherine, and Irving Shae. "Prenuptial Agreements 5th ed.", Berkeley, CA: Nolo Press 2016
Waller, Marshall W. "California Family Law for Paralegals" 7th ed. 2016, New York, NY Wolers Kluwer

Examples of Supporting Texts and References

AuthorTitlePublisher
Ehrlich, J. Shoshanna. "Family Law for Paralegals" 7th ed., Waltham, MA: Wolters Kluwer 2016
Stewart, James W. "Divorce Handbook for California: How to Dissolve Your Marriage Without Disaster", Atascadero, CA: Impact Publishers, Inc 2002.
Warner, Ralph, Guilien, lina,Ihara, Toni & Hertz, Frederick. "Living Together", 16th ed., Berkeley, CA: Nolo Press 2017.
Stoner, Katherine. "Divorce Without Court", 4rd ed. Berkeley, CA: Nolo Press 2015.
Doskow, Emily; "Nolo's Essential Guide to Divorce", 6th ed., Berkeley, CA; Nolo Press 2016.
*California Civil Code, Family Law Act, and selected statutes.
California Judicial Council Forms at: (www.courtinfo.ca.gov/forms)

Learning Outcomes and Objectives

Course Objectives

  • Identify and analyze statutory and case law related to California family law practice
  • Explain legal requirements and effect of premarital and cohabitation agreements
  • Analyze legal procedures for uncontested and default marriage dissolution
  • Analyze legal procedures for a contested marriage dissolution
  • Employ legal documents for marriage dissolution
  • Explain post-judgment procedures
  • Compare and contrast legal separation and dissolution
  • Compare and contrast nullity and dissolution
  • Analyze issues related to Interjurisdictional and international disputes
  • Explain Alternative Dispute Resolution used in marital termination
  • Appraise the paralegal role as influenced by gender, cultural and age factors of clients and opposing parties

CSLOs

  • Demonstrate an understanding of how California family law is applied both in the state and the world wide.

  • Compare and contrast the various legal avenues available for the formation and dissolving of marriages in California.

  • Analyze the current role of the paralegal in the family law court process.

Outline

  1. Identify and analyze statutory and case law related to California family law practice
    1. Source of laws
      1. California Family Code
      2. California case law
    2. Marriage vs legal separation
    3. Alternatives to traditional marriage
    4. Termination of marriage
      1. Dissolution
      2. Death
    5. Types of Property
      1. Community property
      2. Quasi-community property
      3. Separate property
      4. Change in nature of property
    6. Children
      1. Child support
      2. Child custody and visitation
      3. Paternity actions
    7. Spousal support
    8. Attorney fees and costs
  2. Explain legal requirements and effect of premarital and cohabitation agreements
    1. Legal requirements
    2. Effect upon dissolution or separation
    3. Effect upon death
    4. Drafting the agreements
  3. Analyze legal procedures for uncontested and default marriage dissolution
    1. Pleadings
    2. Waiver of service
    3. Summary dissolution
    4. Preparation of judgment and marital settlement agreement
    5. Uncontested court hearings
  4. Analyze legal procedures for a contested marriage dissolution
    1. Importance of state and local rules of court
    2. Initiating and responding to a legal proceeding for dissolution of marriage
    3. Joining third parties
    4. Orders pending trial
      1. restraining orders
      2. family support
      3. temporary custody and visitation
    5. Use of software to calculate support
    6. Discovery
    7. Pre trial preparation
      1. subpoenas for wage and property information
      2. use of expert witnesses
      3. presentation of financial information
    8. Entry of Judgment
  5. Employ legal documents for marriage dissolution
    1. Mandatory Judicial Council Forms
    2. Petition
    3. Response
      1. Moving papers
      2. Responding papers
      3. Orders
    4. Summons and proof of service
    5. Judicial Council Form Interrogatories
    6. Specially prepared interrogatories
    7. Marital settlement agreements
    8. Dissolution judgment
  6. Explain post-judgment procedures
    1. Enforcement of support and property orders
      1. Wage assignments
      2. Contempt
      3. Uniform Reciprocal Enforcement of Support Act
    2. Modification of custody, visitation and support orders
      1. Justification for modification
      2. Procedures to obtain modification
    3. Enforcement of custody and visitation.
      1. Uniform Child Custody Jurisdiction and Enforcement Act
      2. Parental Kidnapping Prevention Act
  7. Compare and contrast legal separation and dissolution
    1. Procedural similarities and differences
      1. Court proceedings
      2. Documents
      3. Residence requirements
    2. Substantive similarities and differences
      1. Grounds
      2. Legal effect
  8. Compare and contrast nullity and dissolution
    1. Procedural similarities and differences
      1. Court proceedings
      2. Documents
      3. Residence requirements
    2. Substantive similarities and differences
      1. Grounds
      2. Legal effect
  9. Analyze issues related to Interjurisdictional and international disputes
    1. Acquiring jurisdiction over non-California residents
    2. Resolving conflict of law issues arising with other states
    3. Impact of Hague Convention on enforcement of domestic relations orders
    4. Impact of International Human Rights conventions on rights of women and children
  10. Explain Alternative Dispute Resolution used in marital termination
    1. Mediation
    2. Collaborative Lawyering
    3. Advantages and disadvantages
  11. Appraise the paralegal role as influenced by gender, cultural and age factors of clients and opposing parties
    1. The paralegal role
      1. Interviewing clients and witnesses
      2. Obtaining and evaluating financial information
      3. Drafting documents for attorney review
      4. Trial preparation
      5. Special ethical concerns with unauthorized practice of law, conflict of interest and client communication.
    2. The paralegal and client relationship
      1. Unique features of relationship in family law matters
      2. Special requirements when dealing with clients who feel legally disadvantaged because of gender, cultural or age factors.
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