Teen Mom From MTV Reality Show Might Face Child Dependency Hearing

January 17, 2012,Posted by OC Family Law Attorney

With the world living in the age of reality television, it really shouldn’t come as a surprise that there is a show on MTV called “Teen Mom 2”. The show is exactly what it sounds like, and follows the lives of teen mothers dealing with pregnancy and motherhood. It also deals with the stress surround child custody cases, and in some cases, child dependency cases.

Today, one of the young women featured on the MTV program was making headlines for all the wrong reasons. Last night, Jenelle Evans, was arrested for violating a domestic violence protective order. This is the second time Evans has been arrested in the past 6 days, and has been charged for various offenses no fewer than five times since August, including various drug possession charges and testing positive for marijuna.

Should the father of her child choose to seek custody of her baby, all of these arrests can be used against her in court. And if the State decides that both parents are a detriment to the health and safety of the child, a dependency hearing can be set and the child can be placed in foster care.

The main question in any child dependency case or child custody case is where was the child during the various criminal offenses? If the child was present while illegal activity was taking place, that will be severely detrimental to the parent’s case. While being found guilty of any illegal activity is a negative in a custody or dependency hearing, if the activity occurs away from the child, it carries less weight.

MTV’s reality show has been a lightning rod for controversy, as some critics say it glorifies teen pregnancy. Producers of the show say it has the opposite effect, showing the trials and tribulations of teen motherhood.

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Is it Against the Law for my Spouse to “Cheat on Me” in California

January 13, 2012,Posted by OC Family Law Attorney

In many states, such as Arizona, it is a crime to commit adultery. However, in California there is no crime committed if one spouse has sex with another person while they are married. Not only is it not a crime in California but it is not even a “legal ground” for a divorce in California. [...]

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My Spouse And I Are Planning To Get A Divorce, How Do We Determine Custody And Visitation Of Our Minor Children

January 05, 2012,Posted by OC Family Law Attorney

When you separate or divorce, you need to decide who will have custody of your children and how they will be taken care of. You also need to decide on visitation, which means how each parent will spend time with the children. With the help of a Southern California divorce attorney, parents typically either agree [...]

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What happens if I can’t locate my spouse to serve divorce documents?

January 04, 2012,Posted by OC Family Law Attorney

While it’s not common, there are times when someone would like to file for divorce, but can’t find their spouse in order to serve them the divorce papers. Perhaps the estranged spouse has ran off with someone else and there whereabouts are unknown. Whatever the circumstances are, with the help of a Southern California divorce [...]

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Burden of Proof Often Falls on the Defendant in Child Dependency Cases

December 29, 2011,Posted by OC Family Law Attorney

If you have to take your young child to an emergency room because of a possible broken bone be prepared for the REAL POSSIBILITY that you could have your child taken from you and put in foster care. The “child dependency laws” in California are extremely harsh when it comes to a situation where doctors [...]

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When Should You Ask For Supervised Visitation

December 27, 2011,Posted by OC Family Law Attorney

As news reports continually come in with developments on the Jerry Sandusky child molestation allegations, news reports indicate that Sandusky’s daughter in law sought an order seeking that Sandusky not be allowed in the presence of her children nor to allow the children to be in Sandusky’s home. The court ended up making an order [...]

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What is a Custody Evaluation?

December 23, 2011,Posted by OC Family Law Attorney

Custody evaluations are typically ordered whenever a parent requests a move-away order or when there is a highly contested child custody dispute between parents. These are especially common in high conflict battles and where parents are unwilling or unable to resolve their disputes apart from court mediation. These appointments are made pursuant to California Evidence [...]

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Know Your Rights: Grandparents Can be Granted Visitation Rights Under the Law

December 20, 2011,Posted by OC Family Law Attorney

The Courts in California may grant reasonable grandparent visitation of a minor child if the court finds that visitation by the grandparent is in the best interests of the child. The statute exists in the California Family Code Section 3103. Procedurally, Notice of the grandparent’s petition for visitation rights must be given to each of [...]

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Changing Your Child’s Last Name is as Easy as Placing an Ad in a Newspaper?

December 20, 2011,Posted by OC Family Law Attorney

There are many reasons for the name change of a child, including a family name being added or dropped for the minor child, or to facilitate an easier spelling of the name for the minor child as he grows up, or simply just to change the name. A person can seek to change their name [...]

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What is the legal basis for Dissolution of Marriage or a Legal Separation?

December 13, 2011,Posted by admin

From time to time, we get calls from individuals wanting to know how to get divorced or legally separated, and they want to know what the legal basis is for either of these. The Family Code is clear on this issue. Under Family Code § 2310, dissolution of marriage or a legal separation of the [...]

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