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Blog Posts in November, 2012

  • Legal Custody

    There are two types of Legal Custody in Ca Family Law: Joint & Sole Legal Custody. Joint Legal Custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Family Code §3003). For example, if one parent wants the child to go to a particular school, they must discuss and obtain the other parties’ ...
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  • Joint Physical Custody

    The common misconception with the term Joint Physical Custody is that it equates to the children spending equal time with both parents. Although there is not a fixed amount of time required for Joint Physical Custody, it is commonly defined as each parent having a substantial periods of time with the minor children. Common timesharing arrangements that are widely known as Joint Physical Custody ...
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  • What do I do if the other side is acting unreasonably in a Ca Family Law Case?

    A sanction in the form of an award of attorney's fees may be imposed for a party's frustration of settlement and for employing tactics that increase the cost of litigation. In a recent case, IRMO Wahl vs. Perkins (2012), the parties divorced in 1999. In 2006, Wife filed a motion to modify the custodial orders in the judgment of dissolution. A child custody evaluator recommended that Husband be ...
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  • What should I do if I believe I am the father of a child not yet born?

    An unmarried bio-father who consistently sought to be determined to be a child's father and repeatedly requested visitation is a presumed parent of the child. A person who lived with the child's mother for only two weeks before and two weeks after the child was born and cared for the child only sporadically thereafter is not a FC §7611(d) father. In a recent case In Re DA (2012), a father by the ...
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  • How are pension rights/credits determined in a Ca Family Law case?

    A spouse’s use of community funds during the marriage to purchase military service credit in CalPERS makes the service credit community property even though the spouse’s military service was completed before the parties married. In a recent case, IRMO Green (2012) H served in the USAF for four years ending in 1986. In 1989, he began working as a firefighter in Dublin. The department was a ...
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