Recent Posts in Family Law Category

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Why is There no Jury in a Divorce Trial?

Georgia and Texas are the only two states that allow jury trials for divorcing spouses. All of the other 48 states conduct family law procedures in separate non-jury settings. California is a no-fault ...
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Is Geena Davis a Putative Spouse?

Geena Davis is an American actress. She has many movie titles to her credit, including Tootsie, Beetlejuice and The Accidental Tourist. She received a best actress Oscar for her role in The Accidental ...
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A Slash by Any Other Name

Saul Hudson is a rock and roll musician. He plays lead guitar for the group Guns N’ Roses. He is better known by his stage name Slash. Slash and Guns N’ Roses are very famous in the rock ...
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When a Child Does Not Want Parental Visitation

In March of 2016, at the request of Grandmother [G], deputies from the Orange County California Sheriff’s Department made a welfare check on Daughter [D] and her six brothers. Mother [M] would ...
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Stormy Daniels and her Newest Storm

Stormy Daniels is the stage name of Stephanie A. Gregory Clifford. She is an adult actress, stripper, screenwriter and director. Although well known in the adult entertainment industry, main-stream ...
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When Any Doesn't Mean Every

In 2016, Daughters (then ages 14 and 11) were the children of Mother [M] and Father [F], all American citizens but living in Tijuana, Mexico. From an anonymous tip, the Mexican Department of Integrity ...
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A Court Can Correct Its Own Errors

Husband [H] is a well-known music producer currently serving prison time for second degree murder. He married Wife [W] while out on bail and awaiting his trial for murder. He was found guilty and ...
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California Family Code vs Religious Agreements

In 2000, Husband [H] and Wife [W] were married in an Islamic wedding ceremony in Michigan. At the time of their marriage H and W signed a mahr agreement. The agreement entitled W to five gold coins at ...
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Go to School or be Arrested

S was a 17-year-old high school student with a truancy problem. For years she had been refusing to go to school, or if she did go, she would ditch many of her classes. She was also a major behavioral ...
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Sealed without Kisses

In January of 2013, Juvenile [J] was arrested and charged with possession of a dirk or dagger, battery and resisting arrest in violation of numerous California Penal Code sections. (A dagger is a ...
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Acceptable Testimony from a Three-Year-Old

Father [F] and Mother [M] were married and had two children, a son [S] age five, and a daughter [D] age three. In the summer of 2012, an eight-year-old boy [B] from the neighborhood came over to play ...
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A Denial of Spousal Abuse

Husband [H] and Wife [W] were married in 1999. From their marriage they had two sons, both of whom are special needs children. During their marriage W maintained the home and took care of their sons, ...
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Religion and California Divorce Laws

Effective in January of 1971, California significantly changed its divorce laws from a fault-based system to a no-fault system. In its fault-based system, a spouse who had committed adultery or ...
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Guns and Small Children Do Not Mix Well

On February 9, 2017, Father [F] was arrested for carrying a loaded firearm in public. Twelve days later, the Los Angeles County Department of Child and Family Services [DCFS] received an anonymous tip ...
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Old Violence vs Current Violence

In May, of 2015, the Los Angeles Department of Child and Family Services [DCFS] received a referral alleging emotional and physical abuse by Father [F] and general neglect by Mother [M]. At the time, ...
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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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