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Blog Posts in 2015

  • How Does Being in the County Illegally Effect Family Court Proceedings?

    Family Code 3040(a) Family code 3040(a) answers this very question. In essence, the immigration status of a parent, legal guardian or relative shall not disqualify that person from receiving custody. This means that if you are the mother and father is threatening you to take custody from you because you are not in the United States legally, this is an empty threat and should be disregarded. In ...
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  • Does Breast Feeding Impact a Father's Visitation Rights?

    What is the Issue? Another frequently raised issue is a father's frustration in having visitation with his child based on the other parent breast feeding the child and raising the issue that the child cannot spend the night at father's house because the child needs to breast feed. I believe the most extreme example of this that I have ever witnessed was a mother denying father visitation of a 4 ...
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  • Is There Gender Preference When Deciding Child Custody and Visitation Orders?

    Are Mothers Favored Over Fathers? This is a frequently asked question that I run into. I usually hear this question from fathers who come to me with a belief that judges still favor mothers over fathers. FC 3020 sets forth a prohibition against expressing a gender preference in making custody and visitation orders. However, please keep in mind that judges are people to and are shaped by their ...
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  • What is considered by the court when making child custody and visitation orders?

    FC 3020 sets forth three public policy criteria in making orders for custody and visitation. These can be summarized as follows: 1) The health safety & welfare of the child; 2) Frequent and continuing contact with both parents 3) if there is a conflict between these two policies, the health, safety and welfare of the child prevails. What this means to parents going through the family court process ...
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  • Same-Sex Marriage Legalization Allows Same-Sex Divorces

    The United States Supreme Court's ruling that legalized same-sex marriages nationwide certainly stirred up quite a bit of controversy. From politicians vowing to get the decision repealed to county clerks sidestepping their duties to issue marriage licenses to same-sex couples, the opposition to the ruling were intent on making their opinions known, citing that religious freedoms and states' ...
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  • Can I be charged with contempt for not paying child support when I have been previously charged in a contempt proceeding involving non-payment of support for another time period?

    The issue of multiple contempts came up in IRMO Rice & Easton (2012) whereby the court held that a party's repeated failure to pay his monthly obligation did not preclude the other party from filing a subsequent contempt of court for that parent's continued non-payment of support. In this case, father was delinquint in his child support obligation in excess of $96,000. Child Support Services ...
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  • Are all business expenses deductible from a parent's self-employment income in calculating child support?

    A relatively recent case came down that discussed this very issue. In IRMO Sorge (2012), father sold a lucrative business for which support was previously based. Father took the proceeds from the sale of the business and invested them into a start up company. The start up company required substantial investment of capitol to open it's doors. Father wanted to use these expenses to offset his income ...
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