Watch Videos: Attorney Marie A. LaMolinara

What background and experience do you have that prepared you for your current practice?

When I was an undergraduate at USC, I worked for a nonprofit, a low-cost family law service that provided assistance to individuals who could not afford attorneys but also made too much for legal aid.

I initially worked as an 18-year-old answering the telephones. I then began observing paralegals in the office and family law attorneys who worked there, from whom I learned. I continued working there throughout college and law school. I attended law school at night and ultimately became the senior paralegal.

I later worked at a different firm that practiced exclusively family law. At the same time, I realized that my own marriage was not going well, and I found myself in the same situation we often see with clients.

I thought, “I do family law for a living. Of course I can represent myself.” I tried to do so, but found myself working on paperwork on weekends, typing in my kids’ birth dates incorrectly, and crying—even though I was the one who wanted the divorce.

I ended up hiring my firm, and that was the first time I truly understood what our clients experience. Even when people are business-savvy, intelligent, and knowledgeable, the emotions involved in this process are unpredictable. It is like a roller coaster—some days are good, some days are bad.

Fortunately, I did not end up going to court, and I eventually joined this firm, where I have been for approximately 10 years.

That personal experience taught me that while clients may think there is no light at the end of the tunnel, and even when one spouse seems very business-savvy or composed, those skills often fall away when the matter becomes personal. I carry that understanding with me in every case.

Have you served on any boards or had leadership positions in the Bar or your community?

Within the last four years, I have served on the board of directors of a nonprofit family law firm called LevittQuinn. We provide either no-fee or sliding-scale fee services and make court appearances for low-income parties throughout the divorce process, as well as in paternity, child custody, and domestic violence restraining order matters.

It has been very rewarding. Most of the board members are retired judicial officers, including former supervising judges of the family law division.

This organization is different from some other charitable foundations in that we actually make court appearances. Often, parties receive help with paperwork but do not have counsel advocating for them.

I have also served as a temporary judge, appointed by the prior supervising judge of the family law division. It is a volunteer position. When judges are on vacation or otherwise unavailable, I sit on the bench—wearing the robe—in courtrooms, primarily at the downtown courthouse.

It is a very different experience. I am used to advocating for one side, but in this role, I arrive early, review cases—sometimes 15 or 16 on a calendar—with no prior familiarity. I read the pleadings, give each litigant an opportunity to be heard, and proceed from there.

It is extremely rewarding because it allows me to help people through very difficult situations while ensuring they have a voice.

When can parenting time be modified?

Parenting time can be modified at any time so long as the child is a minor. The court retains jurisdiction until the child is no longer a minor, typically when they turn 18.

Courts consider various factors when evaluating modification. Sometimes a change is appropriate because the child has gotten older—for example, school schedules may change, making the existing parenting plan impractical.

As children age, there may also be changes in the parent-child relationship. If a child is 14 or older and expresses a desire to be heard, the court is required to consider that preference.

There are safeguards in place, so a child does not necessarily testify in open court. Input may be provided through a family law facilitator, in chambers, or through other appropriate means.

A child’s preference is considered if they are 14 or older and wish to be heard. In some cases, younger children may also be heard depending on maturity, developmental stage, and other factors. Each situation is evaluated individually.

How is parenting time determined?

Parenting time is determined by the court after analyzing several factors. There is no one-size-fits-all approach.

The court considers the child’s health, education, age, and overall best interests. It also evaluates the relationship between the child and each parent, including the strength of the bond.

Other considerations include the child’s needs based on age, schooling, and developmental requirements.

The overarching goal is to promote consistency and stability for the child while encouraging frequent and continuing contact with both parents—unless such contact is found to be detrimental.

When can custody be modified?

Custody can be modified at any time while the child is a minor, meaning under 18.

There are two types of custody: legal and physical. Legal custody refers to a parent’s ability to make decisions regarding the child’s education, health, and welfare. Physical custody refers to where the child lives.

A request to modify custody may involve either legal or physical custody, and courts can consider such modifications at any time.

If a request is made before a final judgment has been entered, the standard the court applies may differ from the standard used after permanent custody orders are in place.