Category Archives: Custody

Custody and Relocation (Move Away) with Minor Children

Winternitz v. Winternitz is a move away case involving allegations of parental alienation. In this case a mother, who was first given permission to move to San Diego with her children after her divorce, filed a request to move to … Continue reading

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Custody and Restraining Orders for Domestic Violence

The parents in Celia S. v. Hugo H. had two children together but were never married. The issue for the appellate court to determine was whether a time share of 50 percent visitation violated the presumption of sole physical custody … Continue reading

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Custody and Moving to a New State

Although Jane J. v. Superior Court involved a custody dispute that was initiated in Wisconsin, the case is not about which state has jurisdiction of custody. FACTUAL BACKGROUND OF THE CHILD CUSTODY PROCEEDINGS The parties were married and had two … Continue reading

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Domestic violence and sole physical custody in Orange County.

Ellis v. Lyons involved allegations of domestic violence, physical custody, and the UCCJEA in Southern California. FACTUAL BACKGROUND OF THE CHILD CUSTODY PROCEEDINGS The parties previously obtained a judgment for divorce that settled visitation and custody issues. After the divorce, … Continue reading

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Can a Judgment Identify What Constitutes a Change of Circumstance in California?

Anne H. v. Michael B decides the issue of the modification of custody after a final judgment for custody had been issued FACTUAL BACKGROUND OF THE CUSTODY PROCEEDINGS The parties had a child together. At the time of the child’s … Continue reading

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A Non-Biological Parent May be Able to Recover Contractual Damages for Custody.

A breach of contract IN a custody dispute was the issue in Dunkin v. Boskey. The parties in this case lived together and wanted to have a child. The man who would who would act as the father was sterile … Continue reading

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In Pro Per Parties Are Entitled to the Same Treatment as Represented Parties.

      A.G. vs. C.S. is a custody dispute involving a mother who represented herself in a custody court battle. FACTUAL BACKGROUND OF THE CUSTODY PROCEEDINGS       In this case, the parents of the minor children were never married. The mother … Continue reading

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Minor Children Can Have Three Parents in California

      In January 2014 a new statute was effective in California which allows a minor child to have three parents. Martinez v. Vaziri discussed the application of that statute to an uncle who had been in a minor child’s life … Continue reading

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When Parents Live in Different States, Which State Can Make Custody Orders?

      When one parent moves out of California to a different state with the minor children, the courts in California must decide which state has jurisdiction over the custody of the minor children. This was the situation of In re … Continue reading

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Can Attorney Fees be Awarded in a Grandparent Visitation Case in California?

In family law proceedings, a California court can require one party to pay the other party’s attorney fees. In Stuard v. Stuard, the family court ordered an adult son to pay his parents’ attorney fees when his parents filed a … Continue reading

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