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Blog Posts in May, 2016

  • It Really Is All About the Child?

    How about me? Aren't my interests as the parent as equally as important as the interests of our children? The Court's utmost priority and goal is to protect the health, safety, and welfare of the child, while ensuring the frequent and continuing contact of the child with both parents. The parent's interest cannot be considered by the Court EXCEPT as it effects the best interest of the child. In ...
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  • Has Your Child Expressed A Preference in Their Living Situation?

    In a California child custody case, how old does a child have to be to express a preference in living situation? There are two age groups that come into the analysis: 1.Under the age of 14 but if sufficient age to reason as to form an intelligent preference as to custody or visitation 2.14 or older and the child wishes to address the Court. In the former group, the Court must consider and give due ...
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  • Safeguards to Prevent Kidnapping During a Child Custody Dispute

    What are appropriate safeguards that the Court can utilize to keep a party from kidnapping or fleeing the state/country with the child? There are several safeguards the Court can utilize to keep a child safe from kidnapping/abduction. The more practical ones that the Court may order are the following: Again, in theory, these are quite adequate to guard against a parental abduction. However, there ...
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  • How to Protect Your Children from Being Abducted by the Other Parent

    I am concerned that the other parent will abscond with or abduct our child. What should I do? Another concern that comes up by parents is a fear that the other parent will kidnap the child or take the child out of the country without the other parent's permission or consent. It may be the case where one parent is not a citizen of the US or has a large family in another state or another country. To ...
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