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Blog Posts in December, 2010

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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We Married As a California SAME-SEX Couple But Since I Have Completed My SEX-CHANGE OPERATION.

Q. I was married in June, 2008 as Patricia B. to Jill G. I obtained a name and gender change court decree several months later. We now want to marry as a different-sex couple. Do we need to first ...
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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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What Are TRACINGS In California DIVORCE Proceedings? Tossed Salad and Mixed Vegetables!

Q. My attorney has used the word "tracings" several times when talking about how to figure out my community interest in property in my divorce, and I really don't understand how this ...
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Which COURT REPORTING FIRM Do You Recommend in the Coachella Valley?

Q. Thurman - who do you recommend for court reporting services in the Coachella Valley? I work with an insurance defense firm in Sacramento, and we have a case pending in the desert and have a number ...
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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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IS LEGISLATION NEEDED To Redefine "GROSS INCOME" Under Family Code Section 4085?

Q. I have a question about proposing legislation to fill a loophole in the Family Code section 4058 definition of gross income, as it relates to net ERISA disability benefits. Under Family Code ...
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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 because ...
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ATTORNEY FEES In CUSTODY Cases: 2011 Family Code Amendments

2011 Family Code Changes Affecting Attorney Fee Requests Along with other changes to the California Family Code brought about by the Elkins Committee's recommendations, Family Code section 3121 ...
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Making Attorneys Accessible to Family Law Litigants: 2011 ATTORNEY FEE REVISIONS TO THE FAMILY CODE

December is new legislation month at the Enlightened Divorce Blog™ presented by southern California Family Law Attorney Thurman W. Arnold. My goal is to inform you well, and early on, on any ...
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ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony 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 ...
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New Family Code Section 3042 - Will It Serve to Accelerate the GENDER CUSTODY WARS?

Child Testimony Concerning Parental Preference 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 ...
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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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