Can My Children’s Grandparents Obtain a Restraining Order Against Me that Protects the Grandparents and My Children? [Family Code Section 6323]
Can My Children’s Grandparents Obtain a Restraining Order Against Me that Protects the Grandparents and My Children? [Family Code Section 6323]
The simple answer to this question is yes. However, that leads you to the follow up questions of how can the grandparents of my children get a protective order against me and is this even allowed by the courts? When applying for a domestic violence restraining order, anyone who is related to the person being restrained either through blood or marriage can obtain a restraining order. Further, if the person…
Read MoreGuardianships – San Bernardino
A guardianship in San Bernardino is a legal relationship where an individual assumes the legal and physical responsibilities of a minor child. A guardian will have both physical and legal custody over the child and will be responsible for the child’s education, safety, and well-being. A guardian is typically not a birth parent of the child, but an adult that is willing to assume these responsibilities. A court in San…
Read MoreChild Custody – Riverside
Typically, a custody case in Riverside will be about joint, primary, physical, or legal custody. Each of these refers to a different relationship with the child. Physical custody refers to where the child lives on a day-to-day basis while legal custody is the right to make decisions regarding the child’s health, safety, and education. Unless there is evidence of abuse, neglect or other harm to the child, both parents will…
Read MoreMore People Choose Long-Term Legal Separations Than Divorce For Financial Reasons
Divorce is very common in today’s society. However, new research suggests that long-term separation is becoming more of an option for couples than divorce. According to a recent study, low-income couples cannot afford divorces and long-term separation is a better option for older professional-class couples. The study, which was presented at an annual American Sociological Association meeting, looked at 7,272 people who were surveyed on a regular basis between 1979…
Read MoreAm I entitled to Spousal Support (Alimony)?
There are many aspect of a divorce that makes the divorce process seem overwhelming. Of course, the most common one is learning and adapting to live on your own. It is especially difficult when one party to the marriage was the one that supported the family financially. The other party is now faced with having to fend for themselves. There are, however, ways of obtaining a court order that remedies…
Read MoreHow can I become a successor Guardian of a minor if a Guardianship of the Person has already been granted with a different person?
After a Guardianship of the Person has been established, the legal guardian(s), the minor if age 12 or older, a relative of the minor, or any other interested person may file a petition with the court seeking to be appointed as a successor guardian. Often times, the current guardian files a petition to resign as guardian, and may do so at any time. However, the Court will only allow the…
Read MoreGet A Divorce and Keep My Health Insurance
Husbands and wives will sometimes go through the process of dividing all of their assets and debts, determine child custody and parenting time, child support, and spousal support, but agree not to end their marriage. Most often this is done for religious reasons and sometimes it is done for health insurance reasons. Unless the health insurance rules preclude it, a spouse can keep the other spouse on their health insurance…
Read MoreHow can I request child custody modification in Family Law court?
Requesting a child custody modification involves filing a request for order (formerly known as “order to show cause” or OSC). The moving party will provide a declaration indicating why they are seeking a modification of child custody to the court. Some reasons to warrant the modification request include: 1. One parent fails to follow the current custody/visitation orders; 2. A relocation of one parent; 3. Breakdown in parental relations with…
Read MoreWhat Is In the Best Interest of Son When Father is Found to Have Sexually Abused Daughter California Family Code Section 3011
During this past summer, a court concluded that a father’s inclination to sexually abuse his daughter does not put his son at risk for sexual abuse. The court came to this conclusion based on the fact that in other like cases, there has been no scientific authority or empirical evidence presented to the court that would sustain the finding that a person who sexually abuses a female child is likely…
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Can I get an Annulment based on Fraud? (California Family Code Section 2210)
According to the state law of California, you may seek an annulment in Orange County based on specific requirements, which you must prove when requesting the annulment. Among the claims for finding whether a marriage is void are: minority, bigamy, unsound mind, force, physical incapacity, and fraud. Pursuant to California Family Code § 2210(d), a marriage is “voidable” in Orange County if either party’s consent to the marriage was…
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