Monthly Archives: August 2011

Child Custody is Based Upon the Best Interest of the Minor Child and not the Desires of the Parents.

In Lucachevitch v. Lucachevitch the court determined that the father’s lack of discipline, his attempt to alienate the mother, and the child’s behavior in his home all contributed to the fact that it was in the best interest of the … Continue reading

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What Does it Mean to Have Legal Custody of a Minor Child in Orange County?

In California, legal custody is the ability to make decisions about a minor child’s life. These decisions can include the school the minor children will attend in Orange County, the doctor the child will visit, or the classes the child … Continue reading

Posted in California Divorce, Custody, Frequently Asked Questions, Legal Custody, Orange County family law | Tagged | Leave a comment

Can an Orange County Divorce Trial Judge Enter a Judgment Against a Non-Resident?

The dissolution case of Fitzgerald v. Wilson addressed whether a California divorce court could obtain personal jurisdiction over an individual to make enforceable orders against a resident of another state. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties … Continue reading

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In California, a Writing is Required to Prove that One Party Transferred Property from Separate Property to Community Property During the Marriage.

In Benson v. Benson, the Supreme Court reviewed an appellate court’s affirmation of a judgment that transmuted community property to separate property without a writing based upon part peformance. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties had … Continue reading

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If * Already Have a Child Support Order and Know my Ex Earns More Money, Can the Child Support Order be Increased?

Child support can be modified at any time as long as there is a change in circumstances. If one spouse loses his or her job, that spouse can request the court to modify child support upward or downward. If the … Continue reading

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