What are the Ways to Get Temporary Orders?
What are the Ways to Get Temporary Orders?
There are several methods to obtain court ordered temporary orders including the following: (1) Ex Parte – certain interim orders may issue on an ex parte basis, which means without formal notice and a hearing. These are used on an emergency basis. There are certain notice requirements and timing factors that are required. It is important to consult with an attorney to make sure all your bases are covered so…
Read MoreMy Spouse Cheated, And So Can I Now Get Full Custody of My Children?
I have proof that my spouse cheated. Can I use this evidence in court to get full custody of my children? We have had a few parents call this month and ask us this exact question. They are obviously looking to get the upper-hand on their spouse and want to know if this is good strategy. Unfortunately, we have had to inform them that proof of one’s “cheating” will not…
Read MoreIs An Agreement Between Both Parents Regarding the Religious Upbringing of the Children Enforceable?
My spouse and I made an agreement to raise our children a certain religion. Is this agreement binding? The answer to this question is very simple. No, such agreements are not binding. This includes agreements memorialized in writing. The reason that they are not enforceable is that they violate one’s First Amendment rights of freedom of religion. The Court in Marriage of Weiss ruled that enforcing such agreements would “encroach…
Read MoreI’m Under 18. Can I get married? – Part 2
In a previous blog, we addressed whether or not it was possible for a minor under the age of 18 to get married. We explained that it was possible as long as the minor obtained a court order allowing them to marry. Now we will address what the minor will need to do after obtaining such an order from the court. First, Family Law Code section 302 (b) requires the…
Read MoreWill I Automatically Get Custody of My Children at A Guardianship Trial?
In a guardianship trial, the requested guardians do not have to prove to the court that a parent is unfit in order to get permanent guardianship of the children. It is important for you to prove that you are a fit parent, but another issue that the court bases its decision on is would it be detrimental to the children to remove them from the guardians that currently have temporary…
Read MoreOrange County Child Custody Dependency Error
In a recent appeals decision Re B.T., 2011 DJDAR 3931, the court found that the trial court error-ed in granting the minor father full custody of the child because the allegations that mother posed a substantial risk of harm to the child were purely speculative. Mother had sexual intercourse with father who was a minor. Mother was married and has three other children. When the baby was born Orange County…
Read MoreChild Support Modification
Child Support awards or orders may be modified at any time before termination of the obligor's duty of support. A modification of child support may be retroactive to the date of the filed motion or order to show cause. Determination of Child Support Awards in modification proceedings is governed by statewide guidelines. The general rule is that to obtain a modification of child support, there must be a showing of…
Read MoreSocial Worker lies, $4.9 Million Awarded To Mother – Welfare & Institutions Code section 300
The County of Orange lost a United States Supreme Court challenge to a $4.9 million judgment in favor of a woman whose children were taken away because Orange County social workers filed false reports and withheld relevant evidence. The County of Orange deprived Deanna Fogarty-Hardwick of custody of her two children for over six years based on reports filed by social workers Marcie Vreeken and Helen Dwojack. Fogarty-Hardwick accused the…
Read MoreWhat Happens to the House during Divorce?
The community residence/home is typically the biggest community property asset to be divided between divorcing couples. Should it be sold? Can one party afford to keep it and buy the other party out of his/her interest? These are just several questions to be answered when going through a divorce action in San Bernardino County. In the past when our economy flourished there usually was equity to be divided between divorcing…
Read MorePreemptive Rights in Move Away Cases
According to the recent decision in F.T v. L.J., the custodial parent does not have the presumptive right to change a child’s residence absent a final determination of the custodial arrangement. Therefore, if the custodial arrangement is only temporary and no final Judgment on the issue of custody has been entered; neither party has the presumptive right to move without court involvement. In this case, the child had lived with…
Read More