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Recent Posts in Custody Modifications Category

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Can Self-Defense Be Used to Defend Against Claims of Domestic Violence?

Self-Defense and Domestic Violence: Defending DV Abuse Claims and In re Marriage of Grissom By: Michael C. Peterson, CFLS A trend in California appellate courts over the past ten years in domestic ...
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Michael C. Peterson Named As a 2017 Super Lawyers "Rising Star"!!!

Michael C. Peterson, CFLS, Named As a 2017 Super Lawyers™ Rising Star! I am so pleased and proud to announce that Michael Peterson has received the honor of being named as a Thomson Reuters ...
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Appealing California Family Court Decisions | What Are Family Law Writs | Can I Appeal My Divorce Orders? - Part 2

Part II of the Divorce' Appeals Mini-Series! Which Orders and Judgments Are Directly Appealable? Prologue So your family court judge screwed up and got it wrong, eh? This is a not uncommon ...
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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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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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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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Judicial Council Releases New Rules of Court for CHILD TESTIMONY Re CUSTODY PREFERENCES

California Rules of Court For Children's Testimony Expressing Parental Preferences Per Family Code Section 3042 - C.R.C. RULE 5.250 On January 1, 2011 amended Family Code section 3042 became ...
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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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DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases

Special Circumstances in Child Support Cases Involving an Extraordinarily High Earners Actor Jon Cryer, one of the stars of the series "Two and a Half Men", was recently rebuffed by the ...
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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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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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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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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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How Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?

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 ...
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What does it mean that a judge has ordered a 730 EVALUATION in my custody case?

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? What Are 730 Evaluations? In ...
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Will the Court DRUG TEST My Wife?

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. Your argument for drug and alcohol testing of parents or others having custody or ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

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 ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

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?" »

Will the Court DRUG TEST My Wife?

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 ...
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How do COURTS decide to award JOINT CUSTODY?

Q. How do courts decide whether to award joint or sole custody? Family Code section 3010 provides that a mother and a father "are equally entitled to the custody of the child." However, ...
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