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Blog Posts in September, 2016

  • Grandparents' Visitation Rights

    If my son or daughter dies and their spouse is denying me visitation to my grandchildren, do I have any rights? Generally, the Court is required to presume that the surviving parent's determination regarding visitation for the grandparents is in the child(ren)'s best interest. However, sometimes there is hard feelings between the surviving parent and the grandparents and the surviving parent may ...
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  • Grandparents Obtaining Custody of Grandchild

    Under what circumstances can a grandparent obtain custody of a grandchild when the parent is otherwise fit? Occasionally I receive a call from a prospective client that either one of their parents are trying to take their child away from them. First off, the grandparent bears the burden of proof and must show by clear and convincing evidence that denial of visitation would not be in the ...
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  • Wedding Rings & Divorce

    When I get divorced, do I get to keep my wedding ring? In the alternative, if I get divorced, can I get the wedding ring back from my spouse? A frequently asked question that is often raised by clients in the dissolution process is whether I can either keep my wedding ring or get the wedding ring back from my spouse. The answer is quite simple, if a wedding ring is given to fiancée and the ...
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  • What is a Transmutation of Property in a California Dissolution Proceeding?

    In simple terminology, a transmutation is the changing of title to property from separate to either community or separate property (of the other party) or changing the title from community property to the separate property of either party. An express writing is required and there must be an express declaration acknowledging the change in character in unambiguous terms by the party whose interest ...
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