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Blog Posts in March, 2016

  • How to Prove Substance Abuse

    What kind of testing for substance abuse is available if I suspect the other parent has a substance/alcohol abuse issue? Family code 3041.5 sets forth that the Court is authorized to order drug or alcohol testing if the Court determines by a preponderance of the evidence that the parent engages in habitual, frequent or continual use of such substances. Testing is confidential and the results are ...
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  • Protecting Your Child From Exposure to Addiction & Alcoholism

    In deriving a parenting plan that is in the child's best interest, the court shall consider a parent's habitual or continual use of not only illegal drugs, but also prescription drugs and alcohol abuse as well. However, do not count on the other parent showing up to court under the influence and the Court observing this first hand and making appropriate orders. Also, do not believe that "just ...
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  • Does Moving Out Effect Your Custody or Visitation Orders?

    Family code 3011(c) sets forth that the Court shall not consider the parent's absence or relocation from the family home in determine custody or visitation if either: 1) absence is of short duration and during absence the parent has demonstrated an interest in maintaining custody or visitation; or 2) the party is absent or relocates due to actual or threatened domestic violence by the other ...
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  • The Impact of Domestic Violence on Court Orders

    Family code 3011 sets forth that if a party seeking custody has perpetrated domestic violence against the other party seeking custody or against the child's siblings in the last 5 years, there is a rebuttable presumption that awarding sole or joint custody to the perpetrator is detrimental to the child's best interest. This presumption may be rebutted only by a preponderance of the evidence ...
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