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Recent Posts in Child Custody Category

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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

WebCam Divorce and Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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Penile LIE DETECTOR Tests: Coming to a FAMILY COURT Near You?

Have you ever heard of "phallometric testing" ? I confess I had not, until it was twice mentioned (apparently with approval) by Justice Benke in a recent and important decision that reversed ...
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In Re DRAKE M.: Marijuana Use Is Not Necessarily Abuse

GUEST BLOG! Pot: Lawful Use is Not Necessarily Abuse by Mark D. Gershenson, Esq. Marijuana has been in the news quite a bit lately. Voters in the states of Colorado and Washington voted last month to ...
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Can I REMOVE and Replace an EC Section 730 Custody Evaluator for BIAS?

Q. I have been ordered into a "730 Evaluation" with a Marriage and Family Therapist. My former wife and I are battling over custody. For a number of reasons (including the evaluator's ...
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Introduction to UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Issues

CHILD CUSTODY AND VISITATION JURISDICTION UNDER THE UCCJEA INTRODUCTION When there are disputes involving the children of parents who reside in different states, where the child resides, or more ...
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2nd Appellate District Severely Limits GRANDPARENT VISITATION Under Family Code Section 3102

Rich v. Thatcher (2011) 200 Cal.App.4th 1176 In what reads to me to be a myopic opinion, Justice Yegan of Division Six of the Second Appellate District has declared that biological grandparents have a ...
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GRANDPARENT RIGHTS: Recent RIVERSIDE Case Orders VISITATION To GP After DEATH OF PARENT

Hoag v. Diedjomahor (October 17, 2011), 200 Cal.App.4th 1008 The Facts The Fourth Appellate Division released a published opinion on October 17, 2011 in the case of Hoag v. Diedjomahor, a case which ...
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Divorce and Family Lawyers Who LIE - EQUANIMITY and DIVORCE PRACTICE

Lawyers Who Lie Some lawyers, like some people, lie to the Court - particularly in the more contentious of family law cases where emotions run highest. Our culture (and our lower natures) places so ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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San Diego Trial Court REVERSED (Again) in MOVE-AWAY Case

Parental Relocations and Move-Away In response to a recent article I posted about the case of F.T. vs. L.J., the mother of the Mother in Mark T. vs. Jaime Z. submitted a comment about a new reversal ...
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I Have My Ex-Husband's EMAIL PASSWORD and Found Email That Proves His INABILITY TO PARENT - How Do I Present This to the Family Court?

Q. My ex-husband and I are involved in a bitter custody dispute. I recently realized he had not changed his Email password, and so I was able to enter his account and review his emails. I found ...
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FAMILY LAW SANCTIONS and DUE PROCESS: Santa Barbara Trial Court Reversed in IRMO DURIS

Visitors to my websites know that I am biased in favor of mediation, believing that parties to litigation involving their family should opt to resolve their disputes themselves rather than undertake ...
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MEDIATION Is a BETTER ALTERNATIVE To FAMILY COURT For Some

Family Court May Be The Common Denominator For Many Families When Relationship Conflicts Require Intervention, But It Should Always Be Recognized As The Forum Of Last Resort ! California Family Courts ...
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2011 REVISIONS to the California FAMILY CODE: "CHILD CUSTODY RECOMMENDING COUNSELORS"

Family Code section 3183, which governs custody mediators who are required by Family Code section 3160 to be offered by all California Superior Courts, has been revised effective 1/1/11 to mandate ...
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Ontario, Canada Trial Court Finds PARENTAL ALIENATION - An Example of How Not To Behave!

A Cautionary Tale : How Not to Run Your Separation and Custody Battle Los Angeles Family Law Mediator Forrest S. Mosten recently shared this newsworthy trial court opinion with me, and it is making ...
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2011 REVISIONS to the California Family Code: Child Abuse and Temporary Orders

Effective January 1, 2011, Family Code section 3027 has been amended to authorize courts to "take any reasonable, temporary steps as the court, in its discretion, deems appropriate... to protect ...
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2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS

Effective January 1, 2011, you may serve post-judgment motions to modify custody, visitation, or child support orders by regular mail and file with the Court a declaration of mailing. This is revised ...
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ELLEN KELLNER'S CO-PARENTING BOOK Inspired Me: How Can I Get My Ex Into Counseling?

Q. I found Ellen Kellner's book " The Pro Child Way, Parenting With An Ex " on your website some weeks ago, and ordered it from Amazon.com. I have been eagerly reading it, especially ...
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ATTORNEY FEES In CUSTODY Cases: 2011 Family Code Amendments

Along with other changes to the California Family Code brought about by the Elkins Committee's recommendations, Family Code section 3121 has been amended to make its language consistent with ...
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ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical change in the way that all family ...
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New Family Code Section 3042 - Will It Serve to Accelerate the GENDER CUSTODY WARS?

AB 1090, sponsored by Assemblywoman Fiona Ma, becomes law on January 1, 2011 as revised Family Code section 3042. It directs courts to allow children age 14 or over to testify about their custody ...
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Can My CHILDREN TESTIFY About Their PARENT PREFERENCE in Our Custody Case?

Q. We have a hearing coming up before the Christmas holidays over custody and visitation issues. I believe my children should testify in court about their father's living conditions, as well as ...
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What STANDARDS Are JUDGES Likely to APPLY When A REQUEST FOR CHILD TESTIMONY Is Made?

Q. I have heard that children will be able to decide which parent they want to live with in 2011, is this true? A. No. However, at certain ages their input may become more important to courts in ...
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