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Recent Posts in Temporary Custody 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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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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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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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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A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
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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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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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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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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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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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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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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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Is there any way to request that the Judge RECONSIDER her rulings in my case?

Q. I was in Court and the Judge ordered me to pay an amount in support that I can afford. The Judge averaged my earnings over the past 12 months, and then entered that information into the ...
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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 ...
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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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