Author Archives: Edgar & Dow

Articles by: Edgar & Dow
Sep 10

Second District Court Denies Father Custody on Appeal

In this case, the Second District Court affirmed a Los Angeles County juvenile court’s order removing two children from a father’s custody.…

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Sep 07

Mother Challenges Juvenile Court Order Terminating Reunification

In this case, the Fourth District granted M’s petition for a writ challenging an Orange County juvenile court’s order terminating reunification services…

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Aug 31

Can Juvenile Courts Rule on Family Law Cases?

In this case, the Fourth District affirmed a San Bernardino County juvenile court judge’s orders at a combined jurisdictional and disposition hearing.…

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Aug 24

Case Review: Trial Court Rules in Favor of Wife in 3 Separate Appeals

In three consolidated cases, the Sixth District affirmed the trial court’s issuance of a DVRO in Wife’s favor, reversed an order rescinding…

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Aug 20

Case Review: Woman Files Claim for Malicious Lawsuit Brought by Former In-Laws

This is a malicious prosecution action brought by Wife against Husband's parents and their company. During Husband and Wife's divorce, the parents…

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Aug 17

How California Courts Decide a Parent Is Unfit

In California and across the country, family courts operate to protect the best interests of children in divorces, custody disputes, and other family law matters. Most of…

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Aug 12

CA Supreme Court Rules on Community Property in Bankruptcy

In this case, a California Supreme Court majority held: When a married couple uses community funds to acquire property as joint tenants,…

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Aug 12

Case Review: Self-Employment, Tax Deductions & Child Support Calculations

Cite: In re the Marriage of Jessica R. and Martin H. Hein (Cal.App., July 21, 2020, F076581) Full text here. Holding: In…

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Aug 05

Case Review: What Happens to Marriage Property in Post-Divorce Bankruptcy?

In re Clifford Allen Brace, Jr. (Cal. Supreme Court, July 23, 2020, S252473) Full text here. Holding: In this case, a California…

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Jul 21

California, COVID-19, & Divorce: What You Should Know

As California continues to battle COVID-19, life has been put on hold in many ways. If you were considering a divorce before the pandemic…

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Jul 21

What Happens When an Abuser Files a Restraining Order?

Here is a recently published opinion arising from the Orange County Superior Court regarding restraining orders and an OSC re Contempt. This…

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Jul 17

Can Grandparents Win Visitation Based on the Parent’s Custody?

In this partially-published opinion, in which Grandfather “was subject to a 2015 restraining order requiring him to have no contact with his…

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Jul 15

About the Child Abuse Central Index

In many juvenile court matters, one of the tools that the CPS or DCFS will utilize is the Child Abuse Central Index.…

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Jun 17

Debt in Divorce—What Happens to It?

You’re divorcing or considering divorce. You know that you’ll have to divide your property, but what about debt? How is your debt divided, and…

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May 14

Domestic Partnerships Aren’t Just for Same-Sex Couples

Just last year, only same-sex couples could apply for domestic partnerships—unless they were over the age of 62. However, with the passage of State…

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Apr 15

Divorce in California: How Long Do I Have to Be Married to Get Half of Everything?

How Property Is Divided in a Divorce in California You’ve probably heard mention time and time again of “getting half” of everything…

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Mar 18

Why More SoCal Millennials Are Choosing Prenups

Not too long ago, the thought of a prenuptial agreement was somewhat taboo, or reserved for the extremely wealthy. Today, we’re seeing them more…

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Feb 12

At What Age Can a Child Decide Which Parent to Live With?

If you’re divorcing and you have children, then you’re facing a challenging situation: which parent will your child or children live with? This is…

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Jan 22

Can I Put My Divorce on Hold?

If you’re currently going through a divorce in California, you might wonder whether there are any circumstances that would allow for a temporary hold.…

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Dec 20

How Long Does It Take to Get an Uncontested Divorce in California?

If you and your spouse are in the process of getting a divorce, but you want both want the process to be over…

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Nov 27

Common Reasons for a Pre-Trial Motion in a Divorce

There are many different steps to take while filing for divorce. Some of which may not be clear on how it will…

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Nov 25

Who has UCCJEA jurisdiction?

This issue often comes up. Which court will have jurisdiction to modify existing court orders. In this case, the 2nd district correctly determines…

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Nov 25

Can the court issue mutual restraining orders and family code section 6305

In this case, one party has filed a request for a restraining order. They other party did not file a request for…

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Nov 22

Hookers, Prostitutes, and Escorts. Oh My!

Sometimes, we have people come to the office and request an annulment. The length of marriage is not necessarily the primary factor.…

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Oct 17

Can You Deny Visitation If Child Support Is Not Paid?

Family litigation is complex because it involves emotional distress and even disputes. One of the most common issues that occur between divorced…

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Sep 13

Do I Still Have to Pay Child or Spousal Support If I Lose My Job?

When you got divorced, the court might have required you to pay spousal support. Paying spousal support is an enforceable court order that…

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Aug 26

Who Keeps the Pet During a Divorce?

For many people, their pets are considered a member of the family. Many couples have an inseparable relationship with their pets and…

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Jul 26

How Does Child Custody Work When One Parent Moves Abroad?

Moving Out of Country with Child Custody Child custody is one of the many complex issues parents have to discuss when going…

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Jun 22

Handling the Challenges of Child Custody During Back to School Season

Back to school is just around the corner, and for many parents, it means more child custody issues. Back to school season…

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May 17

How Long Can Spousal Support Payments Last in California?

California Spousal Support FAQ The purpose of spousal support in California is to help lesser-earning spouses maintain their standard of living during and after divorce.…

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Apr 24

How to Modify Visitation Orders in California

Once a judge makes a custody or visitation order, it is likely that parents will want to change their visitation orders. In…

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Apr 12

Best Interest of your Pet?

On National Pet Day, we take a peek into how California family law judges now try to look more to the best…

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Apr 12

Disclosure of Contents of a 730 Report Can be Dangerous

During her marriage to Louis Yeager, Anna Anka gave birth to their child, E.Y. They later separated and began divorce proceedings, in…

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Apr 12

SSDI lump sum payments and child support

A Mother and Father were married in 2001; their daughter (C) was born in 2002. The couple separated in 2003 and began dissolution…

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Mar 20

What Are the Requirements for a Summary Dissolution?

Divorce is an emotionally overwhelming process, which is no surprise that most couples would like the divorce process to end as soon…

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Feb 20

How Do I Enforce a Child Support Order?

A child support order is a legal obligation, and there are serious penalties if the non-custodial parent fails to pay. If your…

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Jan 22

What Are Automatic Temporary Restraining Orders?

An automatic, temporary restraining order (ATROs) is a specific type of restraining order that is issued in connection with divorce proceedings, legal…

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Dec 13

How Does Domestic Abuse Affect Child Custody?

If you have been accused or were a victim of domestic violence, there is a high chance that it will affect your child custody situation.…

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Nov 19

What to Do with Your Family Business After a Divorce

After all the hard work and time you've invested in your business, the last thing you want is for it all to…

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Nov 12

What is domestic violence? A look at the battered woman (Part 18)

The Battered Woman Unfortunately the unpredictability of the battered woman also manifests in what exactly causes her to leave. Many women leave…

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Nov 08

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 17) The Battered Woman

The Battered Woman New research points to some startling similarities found between victims of domestic violence and combat veterans; the realities of…

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Nov 05

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 16) The Battered Woman pt . 2

The Battered Woman      In addition to the fear of being physically hurt or having your children hurt/taken away, the battered…

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Nov 01

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 16) The Battered Woman

The Battered Woman      Although Dr. Berry has made an effort to show how numerous studies have revealed some common tropes…

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Oct 28

What makes a Person Abusive? (Part 15)

What makes a person abusive? Last time we brought up the idea that abusers are able to tap into multiple personalities and…

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Oct 24

How Long Do You Have to Pay Alimony After a Divorce?

How Long Does Spousal Support Last in CA? One of the questions that most couples have after a divorce revolves around alimony. Alimony / spousal…

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Oct 23

What Makes a Person Abusive? (Part 14)

What makes a person abusive?      In addition to the study done by the two researchers which identified two main groups…

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Oct 12

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 13) What Makes A Person Abusive?

What makes a person abusive?      As we have seen so far multiple factors play into a person becoming abusive, and…

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Oct 10

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 12) What makes a person abusive?

What makes a person abusive?      Although many abusers grow up in homes that are abusive, Dr. Bradley insists that coming…

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Oct 07

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 11) What makes a person abusive?

What Makes A Person Abusive?      Dr. Bradley starts this chapter off by identifying what she and other experts have seen…

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Oct 04

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 10) Learned Helplessness

   Another complex taking place within an abusive relationship is what Dr. Seligman, currently a Psychologist at the University of Pennsylvania, identified…

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