Recent Posts in Initial Custody Determinations Category
Posted on May 3, 2011 By Thurman Arnold, C.F.L.S.
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 ...
Continue reading "San Diego Trial Court REVERSED (Again) in MOVE-AWAY Case" »
Posted on Apr 11, 2011 By Thurman W. Arnold, III, C.F.L.S.
F.T. vs. L.J. (2011) 194 Cal.App.4th 1 On April 6, 2011, the California Fourth Appellate District, Division One, in a strongly (and painfully) worded opinion reversed a San Diego trial judge's ...
Continue reading "San Diego Trial Court REVERSED for Failing to Exercise An "INFORMED DISCRETION" in Refusing to Permit Sole Legal Custody Father Who Had PRIMARY PHYSICAL CUSTODY to MOVE OUT OF STATE" »
Posted on Dec 14, 2010 By Thurman Arnold, CFLS
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 ...
Continue reading "2011 REVISIONS to the California Family Code: Child Abuse and Temporary Orders" »
Posted on Dec 3, 2010 By Thurman Arnold, CFLS
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 ...
Continue reading "ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!" »
Posted on Dec 1, 2010 By Thurman W. Arnold, III, CFLS
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 ...
Continue reading "New Family Code Section 3042 - Will It Serve to Accelerate the GENDER CUSTODY WARS?" »
Posted on Dec 1, 2010 By Thurman Arnold
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 ...
Continue reading "Can My CHILDREN TESTIFY About Their PARENT PREFERENCE in Our Custody Case?" »
Posted on May 10, 2010 By Thurman Arnold
Q. My ex wife and I are fighting over custody of our three children. The judge decided to appoint a psychologist to interview us all. How does this affect me and my case? A. In high conflict cases ...
Continue reading "What does it mean that a judge has ordered a 730 EVALUATION in my custody case?" »
Posted on Apr 8, 2010 By Thurman Arnold
Q. How do courts decide whether to award joint custody? A. Family Code section 3010 provides that a mother and a father "are equally entitled to the custody of the child." However, Family ...
Continue reading "How do COURTS decide to award JOINT CUSTODY?" »
Posted on Feb 16, 2010 By Thurman Arnold
There are numerous types of cases that may involve custody determinations between parents and even nonparents (although nonparents typically need to be joined into the action since they are not ...
Continue reading "OVERVIEW OF CUSTODY APPLICATIONS AND PROCEDURES in California" »
Posted on Aug 2, 2009 By Thurman Arnold
I am a mom in San Diego County. There are court orders out of El Cajon for joint legal custody and sole physical l to me. The old orders said I could move anywhere within San Diego County. I just ...
Continue reading "Joint legal and sole physical custody Mom needs help." »