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Blog Posts in January, 2016

  • Does the Court Ever Split Custody of Biological Siblings?

    The Difference Between Biological & Step-Children First of all, I am not referring to step-children here. That is step siblings are not equated to biological siblings. To treat these two distinct group the same would require compelling circumstances to separate step siblings in all cases of blended families. The Simply Answer In short, the Court will not separate biological siblings absent a ...
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  • What If Something is Unspecified in a Court Order

    What Are Your Rights? Neither parent, regardless of whether the specific circumstances require a joint decision, can make a decision to take an action lawful under legal custody that would interfere with the physical custody of the other parent UNLESS the action is expressly authorized by the Court. This means that if your visitation schedule is every other weekend from Friday at 3:00 pm to Monday ...
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  • The Importance of Specifying Joint Legal Custody

    What is the Law Regarding Joint Legal Custody? Family code 3082 sets forth that to the extent such circumstances have not been specified, either parent acting alone may exercise legal control of the child. For example, if the order agreed to by the parties does not specify that both parent's consent is not required to obtain a child's driver's license or to enroll the child in an extra-curricular ...
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  • Do People Other Than The Parents Have Any Rights to the Child?

    What is the Hierarchy of Custody Preference? In Family code 3040(a), a hierarchy is set forth the order of preference in making custody and visitation orders. The order of preference is as follows: 1) Both parents or either parent; 2) person whose home child has lived in that is a wholesome & stable environment; 3) any other person court deems suitable to provide adequate care and guidance for ...
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