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 »
My spouse filed for a Divorce in Another State, I live in Cali, Which State is The Right State?
Navigating Divorce and Child Custody Jurisdiction: What You Need to Know Divorce and child custody cases can be complex, and one of the most critical aspects to understand is jurisdiction – which court has the legal authority to hear your case. This is especially true when families have moved between states or when one parent… Read More »
Courts Generally Issue Temporary Restraining Orders Upon Allegations of Domestic Violence
Domestic Violence Allegations Generally Result in the California Courts Issuing Temporary Restraining Orders Pending a Hearing. A Permanent Restraining Order Issued After a Hearing Has Profound Effects on Child Custody Under California Law.. Navigating family law matters, particularly when dealing with divorce, paternity, child custody, and the complexities of domestic violence cases in both civil… Read More »
Does Our California Court Still Have Child Custody Jurisdiction Even If I and my Ex Now Live in Different States?
Question: I have a child custody order from the Los Angeles Superior Court. Neither my Ex nor I live in California now. Our children are with me, and I would like to change the custody order. Can I do that in the Court where I live now? We never finished the case in California. No… Read More »
What is a Memorandum of Points and Authorities? Do I Need One in My Child Custody Paperwork?
Question: Do I Need to File a Memorandum of Points and Authorities in Addition to My Responsive Declaration Opposing My Ex’s Request for Child Custody Orders? His lawyer included a memorandum of points and authorities in support of my ex’s request for child custody and visitation/parenting time schedule orders. Answer: You don’t need a memo… Read More »
How to Get the Custody Orders You Desire in a Family Law Court Hearing
How Does One Obtain the Custody Orders One Desires in Family Law Court? What Evidence Should One Present? Hint: It’s Probably Not What You Think… WHAT NOT TO DO: In California Family Law Court, presenting evidence of the other parent’s poor character to support a child custody request is often not advisable for several reasons:… 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 »
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 »
Can my ex make my 15 year old son remain at a school in a different county if I have sole physical custody?
QUESTION: My ex and I got divorced when my son was 1. Since then, I have remarried and moved to a different county in the same state (California). My ex and I have had joint legal custody, but I have had sole physical custody since the divorce. After 13 years of having physical custody, my… Read More »
Protecting Your Children in California: Custody Considerations with Domestic Violence Restraining Orders
Custody Considerations with Domestic Violence Restraining Orders: California’s Presumption Against Restrained Parents in Custody Decisions California Family Code Section 3044 creates a presumption against awarding sole or joint custody to a parent who has committed domestic violence against the other parent or the child. Seeking legal counsel when navigating child custody amidst domestic violence… Read More »