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Blog Posts in September, 2017

  • The other parent took my children out of the state under the pretenses that they were going to return, what do I do?

    As set forth elsewhere, it is not uncommon for one parent to deceive the other parent that they will be visiting family in another state for a short period only to return after the visit. The parent then requests additional time in other state or tells the other parent that they will be staying in the other state and not returning the children. If this occurs, it is imperative to file and serve ...
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  • Is there a residency requirement for me to file for custody in a particular county or state?

    To file for child custody or visitation (via dissolution or parentage action), you must file in the state where the child has lived with a parent or parent acting as a parent for at least 6 months immediately preceding the commencement of the action, or from birth of the child if less than 6 months. In California, you must also be a resident of the county for three months prior to filing your ...
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  • How do I serve the other parent with my request for modification of the existing parenting plan?

    The answer depends on whether only temporary orders have been made (pre-judgment) or whether is a final order (post-judgment). If the matter is the former, service by mail is acceptable. If the matter is post-judgment, personal service is required unless the other parent completes and submits an address verification form that verifies that they mailed the documents to the right address. Under ...
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  • What are improper grounds to modify a child custody order?

    I can only provide a sample of the grounds (as there are many). The first primary improper grounds to modify an order is "unclean hands". That is, one party is just being difficult or unpleasant in either their actions or conduct. Examples could be chronic lateness to exchanges, driving too fast, not attending the children's school functions etc. An additional improper grounds to modify a custody ...
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