In California, as in most states, if there is a dispute between parents and grandparents over grandparent visitation with the grandchildren, the parents usually win. But that is not always the case. California Family Code section 3104 gives grandparents a chance, and in the recently published case of Stuard v. Stuard, the father’s parents won…
San Diego family law attorney Andy Cook discusses California case denying annulment for minister spouse’s insufficient religiosity.
If someone in a dating relationship suffers mental abuse, does that mean he or she is the victim of domestic violence. The answer is yes, according to a recent decision of the California Court of Appeal. Ruling 3-0, the justices held that a trial judge made a mistake when he did not allow a woman…
Most people know that if you’re a parent and you don’t live with your child or children, the other parent will be able to get a child support order against you. In the California case that I am about to discuss, there was a child support order but the man tried to get out of…
San Diego family law attorney Andy Cook discusses California court case on meaning of “living separate & apart” to establish date of separation in divorce.
Anyone who’s been through the legal system –or contemplated going to court– knows how nasty litigation can be. But a recent case out of Ventura County shows the type of behavior you couldn’t even make up. In the case of Crawford v. Chase, a lawyer (who once ran in an election to unseat a judge)…
There’s no question that “the experts” do not condone the type of spanking and corporal punishment that was more common in this country decades ago. But disagreements over how to punish children remain, especially in family law cases. A recent case called In re D.M. decided last week by the California Court of Appeal illustrates…
One thing that makes family law different from other areas of civil litigation is the ability of the judge to order one side to pay attorney fees for the other side simply because there is a disparity in access to funds. In plain English, a person with more money should not be at an advantage…
San Diego family law attorney Andy Cook talks about the impact a mental illness diagnosis could have on a child custody dispute in California divorce.
In California, if a person is ordered to pay child support to the other parent for a minor child, that obligation usually lasts until the child turns 18 or graduates from high school, whichever is later. The law also says that if the child takes forever to finish up high school, child support definitely ends…
