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San Diego Family Law Blog

Child Visitation Isn’t For Everyone in California

By Andy Cook |

Is a California judge allowed to deny child visitation to a father even if the visitation is supervised. Answer: yes. That’s the message from the Court of Appeal in In re T.M., which was decided last month but certified for publication this week. In T.M., a seven-year-old boy’s mother had died. Years went by,… Read More »

What Happens to Child Support if Child Doesn’t Live with Custodial Parent

By Andy Cook |

A judge makes an order for child support. But it later turns out that the child is not living with the parent to whom the child support is supposed to be paid. Is that fair? Is there anything a court can do, or does it even matter? The answers to some of these questions… Read More »

Court limits child visitation time of perpetrator of domestic violence

By Andy Cook |

California Family Code section 3044 says that a parent who has committed domestic violence against the other parent within five years is not allowed to have sole –or even joint– physical or legal custody of the parties’ children, unless the perpetrating parent proves by a preponderance of the evidence that he or she should,… Read More »

When Should a California Family Law Court Consider Earning Potential?

By Andy Cook |

When I started law school 26 years ago, I had no idea what the word “impute” means. Maybe that explains my SAT scores. Anyway, a law professor explained that the word means “to bring into the reckoning”. I am not sure if that’s the best way to describe the word, but in family law,… Read More »

Is This a Date?

By Andy Cook |

When abuse occurs between two unmarried people who are not related to each other and who have never had children together, California Family Law Courts only have power to issue a restraining order if the individuals have a “dating relationship”. Most people can figure out when people are dating or not, but it can… Read More »

The Importance of Domestic Violence Findings in Child Custody Cases

By Andy Cook |

How is child custody decided in California in a divorce or paternity case? Normally, the answer can be found (at least in part) in California Family Code section 3040, which states, “the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial… Read More »

Illegal Recording and California Family Law

By Andy Cook |

If you’ve ever thought about recording your spouse in a compromising situation, here is a case that should make you think twice. Although the case, In re M.H., decided last month, is a juvenile delinquency case–not a family law case — the situation is analogous to the family law matter where one spouse maybe… Read More »

Judge Reversed for Not Following Proper Standard in Domestic Violence Case

By Andy Cook |

Family Code section 6345, subd. (a) says that domestic violence restraining orders may last for up to five years, “subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of… Read More »

The Impact of Domestic Violence on Firearms

By Andy Cook |

One of the reasons domestic violence is such an important subject in family law is the impact it has on gun ownership. With the issue of guns in the forefront of discussions throughout the land in light of recent events, I thought I would provide some insight on one aspect of gun regulation —… Read More »

The Work is Just Beginning in Family Law

By Andy Cook |

Teenagers, sensing the end of the school year and wanting to be outside more with the nicer weather, are often said to have spring fever. This means it is harder to do homework and concentrate in class. But in family law matters, particularly in custody matters, things are just heating up. For example, when… Read More »

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