Category Archives: Custody
What is the California Marital Presumption of Parentage?
What is the California family law statute that addresses whether a child born during a marriage is the child of the husband? In California, the primary statute is Family Code § 7540, establishing the marital presumption of parentage, which presumes a child born to a wife living with her husband is the husband’s child, even… Read More »
The Problem With Contempt Claims in Child Custody Matters
I routinely field inquiries from parents who explain that the other parent is not complying with the child custody orders issued by the California Family Law Court and they wish to file a contempt action. I usually try and talk them out of it. Contempts are hard to win. Contempts are quasi-criminal cases because one… Read More »
The behavior of parents in family law court and in the way they treat the other parent can be critical in how court’s decide child custody disputes.
The behavior of parents in family law courts as well as the way they treat the other parent can be critical in how court’s decide child custody disputes. In a case published August 18, 2025, entitled In re Marriage of R.K. and G.K, the California Court of Appeal provided a primer on what NOT to… Read More »
Can the Court Issue a Domestic Violence Restraining Order Based on Conduct From Years Ago? Yes.
A Recent California Court Decision Allowing a Trial Court to Issue a Domestic Violence Restraining Order for Conduct Which Occurred Years Ago May Significantly Influence Child Custody Orders in California. Don’t Have Time? Watch the Short Video on This Important Topic On July 23, 2025 the California Appellate Court Published a Case Which Allows the… Read More »
LA MEDIACIÓN DE DIVORCIO TIENE SENTIDO INCLUSO CON UN CÓNYUGE REACIO
Los abogados litigantes tradicionales y las partes están en roles adversarios. Puedes imaginar que si una empresa demanda a otra por infracción de marca registrada, por ejemplo, el caso comienza como un juego de suma cero con un ganador y un perdedor. Es cierto que la mayoría de los casos se resuelven, pero la mentalidad… Read More »
How to Present Evidence in a Child Custody Case in California
QUESTION: How do you document your evidence in a child custody case? How do you organize it and present it to the Court? I am currently in a child custody case with my ex. I have numerous text messages and screenshots showing relevant events and facts I believe the judge should consider at our child… Read More »
Understanding Your Rights After a Custody Hearing in a California Paternity Case
I often receive questions about Findings and Orders After Hearing in California Paternity Cases similar to this one: QUESTION: “Have I received temporary child custody orders or a final judgment? I am currently in a parentage case in CA. I have been told (by a judge) I am a presumed father and was given… 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 »
Child Custody Orders Can Be Changed in Los Angeles and Orange County Courts
Child custody orders can be changed by making a written request to the Court that issued the original child custody order. This is called a Request for Orders and is made using the FL-300 Request for Orders form. This is the same form one uses to obtain an initial child custody order. CHILD CUSTODY MODIFICATIONS… Read More »