Recent Posts in Family Law Category

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Are We Really Married?

M and L began dating in 2008. They began living together in 2011, because they wanted to be together, but not in a legal, marital status. Both M and L had been married twice before. L was receiving ...
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Due Process in Juvenile Court

Father [F] had custody of his two daughters with his first wife, and the three of them lived with F’s current wife (the girls’ stepmother). The San Luis Obispo’s Department of Social ...
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Mental Instability May Not Preclude Parenting

Mother [M] and Father [F] were high school sweethearts. They never married but lived together and had two children together Son [S] (born in December 2000) and Daughter [D] (born in December 2004). In ...
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Enough Evidence to Remove Children from Family Home

In 2014, Father [F] and Mother [M] were married and the parents of two minor children, a son [S] (age 13) and a daughter [D] (age 10) and two adult children, an adult son [AS] and an adult daughter ...
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Financial Duty of Spouses to Each Other

Husband [H] and Wife [W] were married in 1990 and had four children together. For the first ten years of their marriage, W stayed home with the children, and H successfully created numerous ...
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Nonminors in the Foster Care System

In 2013, the juvenile court in San Diego County determined Foster Girl [FG] to be a dependent of the county and placed her in foster care. In 2016, after turning 18, the juvenile court continued ...
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One Court is Needed for Filing Domestic Violence Restraining Orders

Wife [W] and Husband [H] were married in 2008 but separated in 2011. Their relationship including numerous accounts of domestic violence by H against W and were often witnessed by the couple’s ...
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When Foreign Decrees of Support are Recognized in California

Father [F] met Mother [M] while he was solider in the United States Air Force and stationed in Italy. M is an Italian citizen and lived in Italy when she met F. They married in September of 2007, and ...
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When Family Court Takes Over for Juvenile Court

Mother [M] and Father [F] never married, but were in an intimate relationship for seven years. From that relationship, their daughter [D] was born. D was three years old when the relationship ended in ...
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After Effects of Divorce on Children

Divorce should never be taken lightly. It will change the lives of everybody in the family, not just the spouses. Further, the spouses get to decide whether to divorce, and the children have to go ...
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Summary Dissolution in 2018

Summary dissolution is a type of divorce in California for people with no real property, limited value community property (not including vehicles), limited value separate property (not including ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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The Legal Separation of Mary Kay Letourneau and Vili Fualaau

In 1996, Mary Kay Letourneau was a Washington state suburban mother of four and a sixth grade teacher. Vili Fualaau was one of her students. Twleve-year-old Vili and thirty-four-year-old Mary Kay ...
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Parental Rights and Incorrigible Children

In El Salvador, F married his first wife and had a daughter [D]. They divorced, and F moved to the United States. He remarried and had four children with his current wife S. When D was 11 years old, ...
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