Recent Posts in Temporary Custody Category
Posted on Dec 29, 2012 By Mark D. Gershenson
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 ...
Continue reading "In Re DRAKE M.: Marijuana Use Is Not Necessarily Abuse" »
Posted on Dec 19, 2012 By Thurman Arnold, III, C.F.L.S.
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 ...
Continue reading "Can I REMOVE and Replace an EC Section 730 Custody Evaluator for BIAS?" »
Posted on Oct 31, 2011 By Thurman Arnold, CFLS
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 ...
Continue reading "GRANDPARENT RIGHTS: Recent RIVERSIDE Case Orders VISITATION To GP After DEATH OF PARENT" »
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 Apr 8, 2011 By Thurman Arnold, C.F.L.S.
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 ...
Continue reading "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?" »
Posted on Dec 20, 2010 By Thurman Arnold, CFLS
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 ...
Continue reading "2011 REVISIONS to the California FAMILY CODE: "CHILD CUSTODY RECOMMENDING COUNSELORS"" »
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 12, 2010 By Thurman Arnold
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 ...
Continue reading "ELLEN KELLNER'S CO-PARENTING BOOK Inspired Me: How Can I Get My Ex Into Counseling? " »
Posted on Dec 5, 2010 By Thurman Arnold III, CFLS
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 ...
Continue reading "ATTORNEY FEES In CUSTODY Cases: 2011 Family Code Amendments" »
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 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 12, 2010 By Thurman Arnold
Q. I was in Court three days ago and the Judge ordered me to pay an amount in support that there is no way I can afford. The Judge averaged my earnings over the past 12 months, and then entered that ...
Continue reading "Is there any way to request that the Judge RECONSIDER her rulings in my 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 14, 2010 By Thurman Arnold
Q. I know my ex-husband uses drugs and I fear for the safety of our children. We are having a custody dispute. Is it possible to have him give a hair follicle sample for drug testing? How do I get a ...
Continue reading "How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?" »
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. I've heard that children can state their preference at age 13, is this true? [ NOTE: THIS BLOG CONTENT IS LARGELY SUPERSEDED BY REVISED FAMILY CODE SECTION 3042 WHICH TAKES EFFECT 1/1/11 - T.W. ...
Continue reading "I've heard that CHILDREN can state their PREFERENCE at 13...." »
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 Mar 6, 2010 By Thurman Arnold
Q. My ex girlfriend gave birth to our son three years ago. I was at the hospital with her, and signed a document they handed me that said I was the father. She and I were never married. We lived ...
Continue reading "What does a VOLUNTARY DECLARATION OF PATERNITY (VDOP) do in California?" »
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 4, 2009 By Thurman W. Arnold, III
Q. My girlfriend is having our baby in September, but I don't know if I am the dad. I really care about her but a friend told me that I need to be careful because if I go to the hospital with her, ...
Continue reading "My girlfriend is due to have a baby next month. I am not sure if it mine. What do I do?" »