Family Law Blog

When Federal Law and State Law Collide in Divorces

Husband (H) was an active duty serviceman. He took out a life insurance policy naming his wife (W) as beneficiary. The policy was issued by the Servicemen's Group Life Insurance Act of 1965 ...
Continue reading "When Federal Law and State Law Collide in Divorces" »

When Harry Met Meghan

Prince Harry of Wales is the younger son of Prince Charles of Wales and Princess Diana of Wales. He is fifth in line of succession to the British Throne. Harry is known world-wide for his playboy/bad ...
Continue reading "When Harry Met Meghan" »

California Lacks Alienation of Affection Laws

Fletcher Cox is a football player. He plays defensive tackle for the Philadelphia Eagles. He is a football superstar and one of Mississippi’s finest sons. Joshua Jeffords is a married man living ...
Continue reading "California Lacks Alienation of Affection Laws" »

When a Marriage Was Illegal Because of Race

Mildred Dolores Jeter and Richard Perry Loving fell in love. They were both born and raised in the state of Virginia. Mildred was black and Richard was white. Their love was a crime in Virginia. In ...
Continue reading "When a Marriage Was Illegal Because of Race" »

I Want to Live with This Parent Not That One

In California, when couples divorce with minor children, child custody is always an issue. Where should the children live? Should the children live half the time with one parent and then half the time ...
Continue reading "I Want to Live with This Parent Not That One" »

Do I Get a Free Attorney for Juvenile Court?

Son [S] was born in 2006, the ninth child of Mother [M]. All of S’s siblings had been involved in juvenile court proceedings, and some had been adopted. At birth, S was placed in foster care, ...
Continue reading "Do I Get a Free Attorney for Juvenile Court?" »

Delusion May Not be Enough for Removal of Child

Mother [M] lived in Connecticut with her husband and three children. They adopted two other children – her niece and nephew. The marriage was happy mostly due to M’s mental health ...
Continue reading "Delusion May Not be Enough for Removal of Child" »

A Juvenile Detention Warning is Not a Permanent Court Order

In January of 2016, Mother [M] married Step Father [SF]. She had a son [S] from a previous relationship, but S’s father was not in the picture. M was aware before she married SF that he had ...
Continue reading "A Juvenile Detention Warning is Not a Permanent Court Order" »

Sometimes It's Not about the Money

In December of 2014, Susan was 69 years old. She brought a cause of action to establish a parental relationship from a man [Man] who had died 19 years before. She wanted to have him declared as her ...
Continue reading "Sometimes It's Not about the Money" »

A Necessary of Life May Not be a Common Necessary of Life

H was an attorney and licensed to practice law in California. W, his wife, also an attorney, had been disbarred in Kansas. She practiced immigration law in Stockton, California. During their marriage, ...
Continue reading "A Necessary of Life May Not be a Common Necessary of Life" »

Great-Grandparents May Be Great but Not for Child Visitation Rights

E and Y are the paternal great grandparents of S and D. F is the F of S and D and also the grandson of E and Y. M is the mother of S and D and the former wife of F. Sadly, the marriage of M and D was ...
Continue reading "Great-Grandparents May Be Great but Not for Child Visitation Rights" »

A Nonoffending Parent Does Not Lose Parental Rights...

…But you can sure lose your parental rights for other reasons! Mother [M] and Father [F] never married but they had a son [S] together. M struggled with drug abuse (specifically ...
Continue reading "A Nonoffending Parent Does Not Lose Parental Rights..." »

You're STILL the Father!

T and C met in 1991, but they did not begin a sexual relationship until 2005. Prior to 2005, C had a vasectomy. Shortly after beginning their sexual relationship, T and C discussed having a child ...
Continue reading "You're STILL the Father!" »

A Putative Spouse is not a Bad Person

Like most states, California does not recognize what is known as a common law marriage. In a common law marriage, the parties are not legally married, but hold themselves up to everyone in the world ...
Continue reading "A Putative Spouse is not a Bad Person" »

Poor Mental Health Can Result in Lost Custody

Mother (M) and Father (F) never married, but had two children together Son (S) in 2007 and Daughter (D) in 2008. M and F permanently separated in 2010, and M retained full custody of the children. M ...
Continue reading "Poor Mental Health Can Result in Lost Custody" »

When California Has Jurisdiction over Mexican Citizens

Mother (M) was an American citizen living in Mexico with her two sons AC (age 6) and EC (age 15 months). Both of her sons were born in Mexico, thus Mexican citizens. M never disclosed the name of the ...
Continue reading "When California Has Jurisdiction over Mexican Citizens" »

Deportation Can Affect Child Reunification Efforts

Father (F) and Mother (M) are the parents of three children who were living in San Diego County, California. In November of 2011, F was arrested for domestic violence and deported to Mexico. After ...
Continue reading "Deportation Can Affect Child Reunification Efforts" »

FLARPLs Still Exist

Now that housing market has improved, many people in California have equity in their houses. Many of those people are married and hold the deed to their property in joint tenancy. This means, that ...
Continue reading "FLARPLs Still Exist" »

A Bonus is a Bonus

Husband (H) and Wife (W) were married in 1987. W was a certified surgical technician until their first child was born in 1983, when she became a stay-at-home mom. H was a hospital executive, and ...
Continue reading "A Bonus is a Bonus" »

Ending a Registered Domestic Partnership without Going to Court

In California, a registered domestic partnership is treated legally the same as a valid marriage – with all the rights and responsibilities of spouses to each other and everyone else. Ending a ...
Continue reading "Ending a Registered Domestic Partnership without Going to Court" »

Creating a Domestic Partnership in California

Although California does not recognize common law marriages, it does recognize an alternative to marriage. It is called a registered domestic partnership. According to Section 297 of the California ...
Continue reading "Creating a Domestic Partnership in California" »

Military Divorce vs. California Divorce Laws

California legislators have tried very hard for almost 50 years to make divorce a fair and relatively quick legal process for California’s residents. However, when one spouse (or both spouses) ...
Continue reading "Military Divorce vs. California Divorce Laws" »

What's in a Title? A Short History Lesson

On June 22, 2017, Sheila Michaels died at the age of 78. Michaels was a civil rights advocate and one of the first people to use the term Ms. as a title for a woman who did not belong to a man. During ...
Continue reading "What's in a Title? A Short History Lesson" »

Proving an Inability to Support Yourself

California is a no-fault divorce state. Regarding spousal support, it means receiving support will be based on need and the other party’s ability to pay. It will not be awarded as a form of ...
Continue reading "Proving an Inability to Support Yourself" »

Get Back to Work! I'm Not Paying Support!

When couples separate there are many pre-settlement issues that need to be addressed, as well as settlement issues. One of them is whether one spouse should continually to financially support the ...
Continue reading "Get Back to Work! I'm Not Paying Support!" »
Internet Marketing Experts

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.