Recent Posts in Family Law Category

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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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Questions to Ask Before Hiring a Divorce Attorney

Divorce can be one of the most stress-inducing times in a person’s life. Besides the grief from a failed marriage, there is the overwhelming legal process to navigate. A process that is almost ...
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The 50th Anniversary of In Re Gault

May 15, 2017 is the fiftieth anniversary of the most important juvenile rights case in American history. It is important in family law, because it forms the base of providing children with their ...
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Sperm Donors and Presumed Father Status

M and J began a romantic relationship in 2002. M is a certified rolfer (a form of physical trainer) and J is a well-known actor. M wanted to be a mother, and J agreed to father a child with her. ...
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When Higher Income Means Less Child Support

In 2005, F and M had an affair that resulted in their daughter, Z. F is a married movie producer and director and M is a part time hair stylist. F has three children with his wife, and M has two other ...
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Prenups with Cheating Clauses

Carmelo Anthony is a professional basketball player with the New York Knicks. In 2007, he married television personality and author Alani “La La” Vazquez Anthony. They have one child, a ...
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Selling Methamphetamine Doesn't Make Me a Bad Dad

Brother [B] (age six months) and sister [S] (age four years), lived with their unmarried mother [M] and father [F] in Los Angeles County. M was a school teacher. F was a licensed security guard, but ...
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Ex Wife Doesn't Have to Get a Job

Husband and Wife were married in 2001. Husband was a city firefighter and Wife was a secretary for a real estate agency. At the time of their marriage, Husband was 53 years old and Wife was 51 years ...
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What is Jurisdiction?

Jurisdiction provides a court with the power to issue orders and adjudicate cases. Without it, in democratic societies, justice would not survive. Before any court will hear any case, the court must ...
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Ending Marriage and Domestic Partnership at the Same Time

A legally recognized domestic partnership was a way for same sex couples to enter into a marriage-type relationship when same sex marriages were illegal. These domestic partnerships provided the same ...
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Divorce by Means of Incurable Insanity

For divorce purposes in California, there are only two “grounds” for divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage or incurable insanity. ...
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What are Irreconcilable Differences?

For divorce purposes in California, there are only two “grounds” for divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage or incurable insanity. ...
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The Importance of the Date of Separation

In July of 2015, the California Supreme Court decided a case regarding the date of separation of a divorcing couple. In California, the date of separation from a marriage determines whether property ...
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No Reunification for You!

According to a detention report filed by the Contra Costa County Children and family Services Bureau (Bureau) 12-year-old Brother (B) and 11-year-old Sister (S) lived with their mother (M) in their ...
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Third Parent Status Denied

Mother and Z were married and had two children together: Minor 1 (born 2009) and Minor 2 (born 2010). The parents separated and filed for divorce in 2014, but the divorce was never finalized. Z moved ...
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New CA Laws Affecting Families

Effective January 1, 2017 (unless otherwise noted), California has some new laws going in to effect that help to ensure the health, safety, and welfare of its citizens. Criminal Laws Publishing the ...
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Domestic Partnership vs. Marriage in California

In California, a registered domestic partnership [RDP] allows each partner all the rights, benefits and obligations as partners in a valid California marriage. However, there are many differences ...
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