Category Archives: Child Custody
Can the Parent with Legal Custody Enroll our Child in Boarding School?
QUESTION: Can the parent with full legal custody enroll my child in a boarding school that would interfere with the other parent’s court ordered visitation schedule? Mother has full sole and legal custody and I have set court ordered days and times. She wants to move him to a boarding school and that would take… Read More »
Protecting Your Children in California: Custody Considerations with Domestic Violence Restraining Orders
Seeking legal counsel when navigating child custody amidst domestic violence is crucial. California law prioritizes the child’s best interests, and a domestic violence restraining order (DVRO) can significantly impact custody arrangements. This article provides an overview of relevant California laws and considerations for individuals facing this complex situation. California’s Presumption Against Abusers in Custody Decisions:… Read More »
I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?
Question: I am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can… Read More »
Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Custody Cases
Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Child Custody Cases Learn how mental health factors of parents are considered under the amendments to Family Code and how they impact contested custody cases in California Navigating Mental Health Factors in Contested Custody Cases: A New Era in California Family Law… Read More »
Learn About Obtaining Information For a Domestic Violence Case from the Adverse Party
As of January 1, 2024, the Civil Discovery Act does not apply to matters under the Domestic Violence Prevention Act (DVPA) absent a good cause showing. INTRODUCTION: The applicability of the Civil Discovery Act to DVPA matters was a point of contention. In cases of alleged Domestic Violence some litigants would seek discovery under the… Read More »
Learn How California Courts Deal with Child Custody Issues in Domestic Violence Restraining Order Cases
California laws regarding child custody and visitation in the context of Domestic Violence Restraining Order Cases have been changed. If domestic violence or drug/alcohol abuse is alleged, amended Family Code Section 3011(a) requires courts to consider virtual visitation and grant unsupervised visitation only if the court finds that such visits are in the child’s best… Read More »
Learn How Social Media Posts Can Impact Your California Divorce or Paternity Case
In today’s digital age, where social media has become an undeniable part of life, navigating a divorce or a paternity case can be even more complex. While sharing updates and connecting with loved ones can be beneficial, careless posts can have a significant, and often negative, impact on your family law case in California. Here’s… Read More »
Can I Obtain an Ex Parte Emergency Order if My Ex Does Not Follow the Child Custody Orders?
I am often asked about Ex Parte Applications for Child Custody Orders. If you have heard the phrase Ex Parte, but aren’t sure what it means read this post. Here is a question I received today: Question: How do I word my ex parte application for a child custody order modification? My ex has 1st,… Read More »
After a Family Law Hearing on Custody, Support or Some Other Issue How Does A Party Make an Order?
After a Court makes a decision in a family law case court hearing at which the judge issues an order, how does one make a record of what the judge said? I am often asked about Court Orders after a judge has made a decision in a family law hearing over a disputed issue. For… Read More »
The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and residence of… Read More »