Category Archives: Child Custody
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 »
What is a 2-2-3 Parenting Schedule in a Child Custody Order?
A 2-2-3 parenting schedule is a way that parents with joint physical custody of children divide the custody time. Many parents choose this schedule because it allows a reasonable amount of uninterrupted time with the children and the children are never apart from either parent for long. The phrase 2-2-3 in the context of a… Read More »
Please help me understand 1st, 3rd and 5th weekend child custody visitation
Child custody parenting schedules can be confusing. I am often asked questions about the “5th” weekend. Question: “My ex has visitation is ordered to be 1st, 3rd, and 5th weekends. To me it sounds as alternate weekends. But when 5th weekend comes, the 1st weekend of the new month is the following weekend (2 weekends… Read More »
Learn What to Do if Your Ex Files an Ex Parte about Child Custody
I am often contacted by nervous parents who state that their ex has filed (or is about to file) an Ex Parte Application concerning modifying or creating a child custody order in Family Law Court. Often after I listen to their story, I am able to tell them to relax. The most common reason I… Read More »