Articles Posted in Contested Divorce

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I would be filthy rich if I were given a dime for every time I was asked two questions: 1) How long is my child custody case going to take; and 2) How much is my child custody case going to cost me.  My answer two these two questions have always been and will always be: “I don’t know.”

Only by acknowledging the White Elephants in a custody case can one better grasp how long and how much their custody case will cost.  Make a cup of tea or coffee and continue reading. This blog article just might save you thousands of dollars in legal fees and therapy bills! Continue reading →

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This is the seventh and final entry in my seven-part blog series entitled “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2, 3, 4, 5, and 6,  I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from concerned parents regarding their California custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 7 focuses on issues relating to existing restraining orders—a look at this issue from the court’s perspective. This issue, and many others, are factors a California judge will look at when making a determining on custody. Continue reading →

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Have you ever wondered what a California court does with agreements made by the parents regarding California custody matters? Would a California judge accept the agreement, reject the agreement, or, even acknowledgement the agreement?  In my California Family Law Practice,  I am constantly asked by prospective clients whether  a California judge would  allow the prospective client to introduce evidence of the parties’ previous agreement regarding custody.  Does this sound familiar: “I, Father, agree to terminate all my parental rights to our child if Mother agrees to never ask me for child  support?”  After the agreement is put in writing, the parents complete the ceremony by going down to the local notary’s office and have the document notarized by both of them.  Fast forward one year from when the agreement was notarized, father has a change of heart and wants to be in the child’s life.  Mom, relying on the notarized document, refuses to allow any contact between father and child.  Consequently,  the father is forced to resort to the court for assistance.  Consequently, father files a motion with the court asking for joint physical and joint legal custody of the child. What do you think? Will this agreement be upheld by the Court? Continue reading →

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If you already read a few of my blog posts, you now know that there are many factors affecting how a California family-law judge determines custody and issues custody orders.  The “best interest of the child” legal standard pretty much covers any and all factors affecting the child’s health, education and welfare of the child.  In my California Family Law practice,  I have been approached many times by a parent concerned about losing custody to the other parent because the other parent’s income is significantly much higher than theirs.  What do you think, will the varying income of the parents determine custody? Continue reading →

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About 65% of the inquiries I receive in my California Family Law Practice revolve around California custody matters.  If you have read any of my previous blogs or information from the family-law section of my website, you already know that there are many factors for a California Court to consider when awarding custody. This blog post focuses on the factor of physical handicaps in custody cases. Continue reading →

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This blog post is Part 5 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2, 3 and 4  of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  California move-away cases are under the umbrella of custody. Part 5 of this blog series seeks to focus on the sexual orientation of the parent(s) and how this factor affects California move-away cases. Continue reading →

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This blog post is Part 4 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2 and 3  of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  California move-away cases are under the umbrella of custody. Part 4 of this blog series focuses on the effects of  the emotional bonds,  race affecting  California move-away cases and sexual conduct of parents.

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This blog post is Part 3 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1 and 2 of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  Move-away cases are under the family-law umbrella of custody. Part 3 of this blog series focuses on the situation where one parent seeking to move shares joint physical custody of the child and what the California courts do under such circumstances.

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Approximately 65% of the inquiries I receive in my California Family Law practice deal with custody cases.  As many people reading this blog post already know, custody cases are the most heart-wrenching, time-consuming and most expensive cases in California family law courts.  These blog is part of a series I will be writing on over the next few weeks regarding California family law custody move-away cases. Part 1 deals with the necessity of the court undertaking an analysis of the child’s need for stability and continuity—which is a major factor to be determined by a judge in California move-away cases. Continue reading →

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At the Law Office of Linda C. Garrett , a California-based family law, consumer and bankruptcy virtual online  law practice, I receive numerous calls and inquiries from desperate  individuals seeking family-law legal representation, yet having little to no funds to pay an attorney. To illustrate my point, I received two such calls in just the last 24 hours alone! As is always the case, my heart breaks for these folks are in desperate need of legal assistance and because they have no-where else to turn.  What other options are available if an individual, in need of legal assistance, cannot afford to hire an attorney to represent their legal interests?  An option is legal coaching, a little known type of family-law legal representation. Continue reading →