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Recent Posts in Child Custody Category

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Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders

How Do I Exclude Evidence That Is Outside of the Scope of the Pleadings Filed By the Other Party At My Family Law RFO or Domestic Violence Hearing? While historically it has seemed that Family Court ...
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Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment

What Is the Divorce Process From Initial Petition Filing, to Requests for Temporary Orders, to Judgment and the Conclusion of the Case? My goal is to empower and introduce you, the legal consumer, ...
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What To Know About Appeals in Divorce and Family Law Cases! Part I: Get It Mostly Right in the Trial Court!

What Are the Basic Rules Governing Appeals in Family Law Cases - An Overview The EnlightenedDivorce Blog™ has been in existence since 2008. Over the course of that time, one of the things ...
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Pointers for STEP-PARENTS (and Other "Non" Parents) Seeking Visitation With Their (Step) Children!

Stepparents and California Family Law: Issues and Pointers by Michael C. Peterson, Esq. Introduction and Personal Bias: Best Interests of Kids! Current statistics declare that more than half of all ...
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Navigating the Minefields of Divorce From a Narcissist - One Path Out of the Swath of Destruction!

"Will I Ever Be Free of You? How to Navigate a High-Conflict Divorce from a Narcissist, and Heal Your Family " by Karyl McBride Ph.D A Book Review by Thurman W. Arnold, III CFLS "Help! ...
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We've Updated Our Sample 'STATEMENT OF DECISION' California Family Law Portal With Most of these Forms You'll Need!

Sample and Exemplar Statements of Decision in California Dissolution and Non-Marital Family Law Cases We've just uploaded six new templates for tentative rulings and sample statements of decision ...
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When Does Making Threats In Divorce and Family Law Proceedings Become Extortion or 'Merely' Unethical?

Divorce Lawyer Ethics: Threatening Criminal, Administrative, or Disciplinary Action to Advance a Civil Cause (The Get 'Em Over a Barrel Ethical Quandary) By: Michael C. Peterson As a California ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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2014 Legislative Changes and Amendments to the CA Family Code

Q. What are the most important 2014 changes and revisions to the California Family Law Act? 2014 Legislative Changes/Amendments to the California Family Code 2013 was definitely a boring year in terms ...
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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion 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

Divorce 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) ...
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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 Cases 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 ...
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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

San Diego County Move-Away Cases 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 ...
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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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