Swanson O'Dell

Swanson O'Dell Welcome to Swanson O’Dell, a Bakersfield law firm serving clients in Kern County and throughout Calif

Changes to the Kern County Superior Court remote appearnce system, coming in September:
08/22/2024

Changes to the Kern County Superior Court remote appearnce system, coming in September:

10/05/2022

Kern County Courts Access Update

Currently, all Kern County courts, as well as the Department of Child Support Services, are open for in-person hearings. The rules regarding remote appearances have changed, as well. They are allowed if applied for in advance via a form, or if the court authorizes a remote appearance at a previous hearing. The same rules are applied to witnesses---the court can authorize a witness to appear via remote link, but objections can be made to this which the court may overrule or sustain.

For trials, each judge is making the decision of whether to allow remote appearances. This varies not only from courtroom to courtroom, but also depends on what type of case will be heard. The more complex the case is, or the more likely to turn on the credibility of the witnesses, the more likely the court is to order all parties to appear in person.

The takeaway: you need to clear any remote appearances with the court before planning to appear in any manner other than in person.

10/04/2022

What COVID Revealed About Relationships: An Attorney's Viewpoint

Family law practitioners across the country all dealt with the same issues when COVID affected the court systems in 2020: It started with a shutdown of all but emergency hearings, cases put on hold, and phones gone quiet as people stayed home and adjusted to the situation. Then, courts opened up on limited or full calendars, and all hell broke loose. The floodgates opened with restraining orders, divorces, and nasty custody fights pouring in. People were upset, angry, and ready to fight---usually with their newly “ex” partner.

So what happened? What did we learn?
First, we learned that many relationships are fragile and depend on maintaining schedules and habits. The upsetting of routine and constant contact many people had by being in the same house day after day instead of going to work created a lot of relationship friction. In many cases, this was enough to end the relationship.

Second, we learned that many people will turn their frustrations on their partner when under significant stress. Relationships that might have had problems had them exacerbated and increased, and what was tolerable before became intolerable.

Third, we learned that without a normal routine, substance abuse of all kinds increases. This should not be surprising, as the routine of work and social obligations is normally a leveling factor and keeps people from overindulging to the point where they are no longer a functional partner. Those restrictions went away for a time, and it was revealed how many people need them.

If all of this sounds pretty dire, it is. It has been a rough stretch in family law. However, there are solutions and take-aways that we should remember. Here are a few that I believe are important.

1. When there is a major life change, you need to discuss it with your partner. Deciding how to handle things together ensures that one party isn’t quietly seething inside at the choices made for how to handle it.

2. Know that it is likely that a difficult circumstance may make you want to take it out on your partner. Knowing that this is likely will help you notice it when it happens and allow you to adjust.

3. Professional help can be essential during stressful times. Sometimes reaching out to a mental health professional is the best thing you can do for your family.

4. If your relationship has issues of domestic violence, controlling behavior, or substance abuse issues, simply limping along and putting up with it rarely works. There is always a trigger that increases the behavior eventually. It is best to address such issues with professional help early, before the stressors hit. If the problem can’t be solved during good times, it definitely won’t be solved during bad times. Get help early, and don’t ignore red flags.

Help support the Fox Theatre! We can't wait until they're open and back to the business of entertaining us in the classi...
02/26/2021

Help support the Fox Theatre! We can't wait until they're open and back to the business of entertaining us in the classiest venue in Bakersfield.

02/24/2021

KERN COUNTY FAMILY LAW COURTS AND ZOOM HEARINGS

As you may be aware, the Family Law Courts have been Zoom only from December 16, 2020, to the present time. Currently, although COVID case numbers are dropping in Kern County, there is no date for a full reopening of the courtrooms for hearings and trials.

However, there are some exceptions to the rules. The family law judges are, on a case by case basis, sometimes granting requests to have in-person hearings in a socially distanced setting. This must be requested and granted in advance, however, and it will depend on whether or the the judicial officer assigned the matter believes that it cannot be done over Zoom.

Currently, short matters and matters with minimal evidence or testimony are actually being conducted over Zoom.

This is a very fluid situation right now, as the vaccines are slowly being rolled out and made available. If you have a case in a Kern County family law courtroom, you should check the Kern County website several days before your hearing to see if there have been any changes to the current system. It is also recommended that you test out your Zoom connection in advance and make sure you know how to connect via the court's website so that if there are any problems they can be addressed before the day of the hearing.

01/13/2021

HOW DOES THE COURT CALCULATE TIMESHARE FOR CHILD SUPPORT? Time share calculations are very important for determining child support, and generally are fairly simple: the court will determine how much time the minor or minors spend with each parent, and turn that into a percentage. However, there are....

The Law Offices of SWANSON O'DELL A.P.C. are very pleased to announce that Jeremy D. Swanson has become a Certified Spec...
01/04/2021

The Law Offices of SWANSON O'DELL A.P.C. are very pleased to announce that Jeremy D. Swanson has become a Certified Specialist in the area of Family Law.*

The Firm looks forward to continuing to provide you with excellent service in the areas of Family Law, Personal Injury, and Criminal Defense.

*Certified by The State Bar of California

12/31/2020

Family law courts have a duty to equitably, and most importantly, evenly, divide all community property assets and debts. Pretty straightforward, right? Well, one issue that comes up with remarkable frequency is loans that one party alleges must be repaid and which the other party alleges were a gif...

12/31/2020

Family Code 2640 allows a party who uses separate property money (money either acquired before the marriage or through some separate property source, such as inheritance) to acquire property. What this means is that party who, for instance, takes $50,000 he or she had saved before the marriage, and....

12/30/2020

The Importance Of A Professional Website by Joe Gregory | Nov 5, 2019 | Advertising, Design, Lead Generation, Website Development | 0 comments The Importance Of A Professional Website In the age of information, having an online presence for your business is almost a requirement. Your business, wheth...

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