Articles Posted in Custody

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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 5th  entry in my 7-part blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1,  2, 3, and 4,  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 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 5 focuses on issues relating to A Child’s Preference—from the court’s perspective. This issue, and with many others, are factors a California family-law judge will look at when making a determining on custody and visitation. Continue reading →

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This is the fourth entry in my blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2 and 3,  I am writing this series due to the number of emails and calls I receive on a weekly basis in my California Family Law Practice from California concerned parents regarding 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 4 focuses on issues relating to Parent’s Gender—from the court’s perspective. This issue, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading →

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This is the third entry in my blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1 and 2, (links) 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 California parents regarding 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 legal system regarding their custody case. This blog focuses on issues relating to Contact With Parents and Siblings, and Use of Controlled Substances or Alcohol. These issues, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading →

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This is the second entry in my blog series entitled “California Court’s Consideration in Making Custody Awards.”   As stated in Part 1, I am writing this series due to the number of emails and calls I receive on a weekly basis from California parents regarding their custody cases. It’s my hope to help shed a little light on this contentious issue so that my reader is better able to navigate his/her way in the legal system regarding their custody case and increase their chances of winning in court. This blog post focuses on abuse and domestic violence as it relates to the “Best Interests of the Child” Standard. Continue reading →

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In my California family-law practice, I receive no less than approximately 20 calls and emails per week from concerned parents regarding  custody matters.  Invariably, father or mother is concerned that the other  parent is seeking full physical and/or full legal custody of their child; thus, feeling at risk of being deprived or at risk of losing their child to the other parent.  Given the number of  people seeking such information, I thought it would be a good idea to write a blog series about the issue of custody and how the California legal system determines the outcome of such legal requests.  Hopefully, this will help give you some guidance as you proceed in navigating your way through the California family legal system. Continue reading →

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In my California family law practice, I receive numerous inquiries relating to child custody.  Literally,  tens of thousands  of books can be written just about California child-custody issues. Child-custody inquiries are even higher than divorce inquiries because marriage is not a prerequisite to the creation of little bundles of joy.   Because there are so many issues relating to child custody matters, I have decided to write a series of blog posts on this particular issue. This blog post provides an overview of issues the court will consider when making a determination on child custody issues. Continue reading →

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In my California family law practice, I receive numerous inquiries relating to child custody. Literally, tens of thousands of books can be written just about California child-custody issues. Child-custody inquiries are even higher than divorce inquiries because marriage is not a prerequisite for the creation of little bundles of joy. Because there are so many issues relating to child custody matters, I have decided to write a series of blog posts on this particular issue. This blog post provides an overview of issues the court will consider when making a determination on child custody issues. 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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For most parents who live in California, it is not difficult to figure out that California is the correct jurisdiction for filing their custody and/or child support matter. Where it becomes a bit challenging for parents is under the following scenarios: 1) one parent lives in California and the other parent lives in another state or country; 2) one parent has abducted the child and moves out of state and then files a custody motion in the new state.  Other factors affecting jurisdiction is whether or not the parties ever married and/or whether or not there are prior custody orders. Before anyone considers filing a motion, or has already filed a motion,  for custody, visitation and support , it is important to determine whether the legal paperwork has been filed in the proper state and proper courthouse. Continue reading →