Category Archives: Physical Custody

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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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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International Kidnapping Cases in Orange County, California

Noergaard v. Noergaard involved an international custody dispute, the Hague Convention, kidnapping allegations, due process, and domestic violence. All of which centered around the custody of minor children. FACTUAL BACKGROUND LEADING TO THE CUSTODY ISSUE The parents of the minor … Continue reading

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Request for Order for Modification of Custody in Orange County.

In Olson v. Olson, an appellate court determined whether or not a person who had not filed a response in a divorce proceeding and a default judgment had been entered against that person, could motion the court to modify custody. … 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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Step-Parent Visitation Rights in California

A court in Orange County has the authority to award visitation to a stepparent if one parent alleges in the petition that the minor children are from the marriage and then stipulates to an order for custody and visitation with … Continue reading

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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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