Blog Posts in 2015

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  • How Does Being in the County Illegally Effect Family Court Proceedings?
    How Does Being in the County Illegally Effect Family Court Proceedings?

    Family Code 3040(a) Family code 3040(a) answers this very question. In essence, the immigration status of a parent, legal guardian or relative shall not disqualify that person from receiving custody. ...

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  • Does Breast Feeding Impact a Father's Visitation Rights?
    Does Breast Feeding Impact a Father's Visitation Rights?

    What is the Issue? Another frequently raised issue is a father's frustration in having visitation with his child based on the other parent breast feeding the child and raising the issue that the child ...

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  • Is There Gender Preference When Deciding Child Custody and Visitation Orders?
    Is There Gender Preference When Deciding Child Custody and Visitation Orders?

    Are Mothers Favored Over Fathers? This is a frequently asked question that I run into. I usually hear this question from fathers who come to me with a belief that judges still favor mothers over ...

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  • What is considered by the court when making child custody and visitation orders?
    What is considered by the court when making child custody and visitation orders?

    FC 3020 sets forth three public policy criteria in making orders for custody and visitation. These can be summarized as follows: 1) The health safety & welfare of the child; 2) Frequent and continuing ...

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  • Same-Sex Marriage Legalization Allows Same-Sex Divorces
    Same-Sex Marriage Legalization Allows Same-Sex Divorces

    The United States Supreme Court's ruling that legalized same-sex marriages nationwide certainly stirred up quite a bit of controversy. From politicians vowing to get the decision repealed to county ...

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  • Can I be charged with contempt for not paying child support when I have been previously charged in a contempt proceeding involving non-payment of support for another time period?
    Can I be charged with contempt for not paying child support when I have been previously charged in a contempt proceeding involving non-payment of support for another time period?

    The issue of multiple contempts came up in IRMO Rice & Easton (2012) whereby the court held that a party's repeated failure to pay his monthly obligation did not preclude the other party from filing a ...

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