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Blog Posts in October, 2017

  • Can the court order drug/alcohol testing of the other parent?

    Yes, if competent evidence that either the parent has a substance abuse issue, the court can order the drug or alcohol testing of the parent. Competent evidence could include a criminal record(DUI) involving substance abuse, witnesses to the substance abuse or other social media depicting the substance abuse. The Court must make a finding that based on a preponderance of the evidence that the ...
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  • Can the court order counseling for either the parents or for our children in a California family law case?

    Yes, the court can order counseling pursuant to family code section 3190 if it finds that such counseling would be beneficial to the children. The focus of the counseling is dispute resolution and teaching the parents co-parenting skills rather than resolving marital or relationship disputes. The cost for such counseling is usually equally divided between the parties and may continue for a finite ...
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  • What is a special master in the child custody context?

    A special master is someone appointed by the court that both parents must bring their grievances to rather than the Court. The special master is either an attorney or a physiologist if the matter is child custody related only. The special master has the delegated authority to resolve the issues with the parents rather than the parties coming to court on the filing of multiple Request for Orders to ...
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  • Am I able to put on live testimony (call witnesses) at my Request for Orders hearing?

    If you intend to put on live testimony other than the parties to the action, you must provide written notice to the other party of the person you desire to testify along with a brief summary of what they intend to testify about. Failure to provide such notice will preclude you from calling any witnesses. However, just because you list a witness does not guarantee that this witness will actually ...
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