Recent Posts in Nonparent Custody Category
Posted on Mar 12, 2013 By Thurman Arnold, III, C.F.L.S.
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, ...
Continue reading "WEBCAM Divorce and (SECOND OPINION) Family Law Consults!" »
Posted on Feb 3, 2013 By Thurman Arnold, III, C.F.L.S.
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 ...
Continue reading "Penile LIE DETECTOR Tests: Coming to a FAMILY COURT Near You?" »
Posted on Nov 30, 2012 By Michael C. Peterson
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 ...
Continue reading "Introduction to UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Issues" »
Posted on Nov 16, 2011 By Thurman Arnold, CFLS
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 ...
Continue reading "2nd Appellate District Severely Limits GRANDPARENT VISITATION Under Family Code Section 3102" »
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. 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 ...
Continue reading "What STANDARDS Are JUDGES Likely to APPLY When A REQUEST FOR CHILD TESTIMONY Is Made?" »
Posted on Sep 20, 2010 By Thurman Arnold
Q. My wife and I reached some agreements about support and property division in our divorce. Neither of us have attorneys. I want to write something up that is enforceable. Is there anything I should ...
Continue reading "How Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?" »
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 14, 2010 By Thurman Arnold
Q. How do I get a Court Order for drug testing my wife? I know she is using and I fear she is a danger to our son. A. Your argument for drug and alcohol testing of parents or others having custody or ...
Continue reading "Will the Court DRUG TEST My Wife? " »
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 Dec 20, 2009 By Thurman Arnold
Grandparent Custody and Visitation There are a number of important aspects to nonparent custody and visitation which deals with the rights of people who are not biological or legal parents of children ...
Continue reading "GRANDPARENT CUSTODY in California." »
Posted on Aug 14, 2009 By Thurman Arnold
Q. My Neice has a 1 yr old son. She is always gone on drugs and alcohol. Her mother is basically in control of the boy. She cares for him 24/7, takes him to doctors...my niece doesn't seem to care ...
Continue reading "How does my sister get CUSTODY of her GRANDSON?" »