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Recent Posts in Initial Custody Determinations Category

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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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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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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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 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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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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OVERVIEW OF CUSTODY APPLICATIONS AND PROCEDURES in California

There are numerous types of situations that may involve custody determinations between parents and even nonparents (although nonparents typically need to be joined into the action since they are not ...
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Joint legal and sole physical custody Mom needs help.

I am a mom in San Diego County. There are court orders for joint legal custody and sole physical to me. The old orders said I could move anywhere within San Diego County. I just changed our son's ...
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