Monthly Archives: April 2012

Is a Community Contribution to One Party’s Separate Real Property Considered a Gift?

 In the Allen case, the court addressed whether capital improvements which were paid for by community property to one spouse’s separate property can be reimbursed. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties were married in 1981. … Continue reading

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Can A Nine Year Old Testify About his Desire to Live with His Father?

In Escobar v. Flores, the trial judge changed custody of a minor child based upon the minor child’s desire to live in the United States. FACTUAL BACKGROUND LEADING TO THE CUSTODY DISPUTE  Although the minor child was born in … Continue reading

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Attorney Fee Waivers in Marital Settlement Agreements are Unenforceable if a Modification of Custody is Requested.

A marital settlement agreement can waive a future right to attorney fees as long as the issue in future litigation does not involve custody of the minor children. FACTUAL BACKGROUND LEADING TO THE CUSTODY DISPUTE The parties entered into a … Continue reading

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Submitting to a Custody Proceeding Does not Place a Parent’s Mental Condition at Issue.

A parent does not waive a right to the doctor-patient privilege or the psychotherapist-patient privilege simply by requesting visitation. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE During the divorce proceedings, the parents could not reach a visitation agreement. The … Continue reading

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