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Recent Posts in Nonparent Custody 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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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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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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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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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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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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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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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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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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GRANDPARENT CUSTODY in California.

Grandparent Custody and Visitation There are a number of important aspects to nonparent custody and visitation which deal with the rights of people who are not biological or legal parents of children ...
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How does my sister get CUSTODY of her GRANDSON?

Q. My Niece has a 1 yr old son. She is always gone on drugs and alcohol. Her mother cares for him 24/7, takes him to doctors... the boy's mother doesn't seem to care for him. My sister needs ...
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