Category Archives: Family Law

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Aug 05

How to Prepare for Your Child Custody Hearing

Going to a child custody hearing can be unsettling and downright frightening. If this is your first experience with something of this…

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Jul 06

“Full Custody” & What That Means in a California Divorce

Many parents come into our law office with the request that they get “full custody” of their children in a divorce. In our…

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Mar 25

What Is The Average Length for a California Divorce?

How long will my divorce take? This is one of the most pressing questions for any person contemplating or currently going through a divorce.…

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Feb 09

Court Finds Forced Sale of House Unenforceable

In this quiet title action, the Second District affirmed a Los Angeles County trial court that held that a trust deed a…

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Jan 22

Divorce During COVID: Are More Marriages Really Ending?

Divorce is on the rise. Marriages are crumbling. These are the messages some media reports delivered in the early months of the COVID-19…

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Dec 23

Court Rules Conservatorship for Person with Autism Was Appropriate

In this case, decided on remand from the California Supreme Court’s recent decision in Conservatorship of O.B. (2020) 9 Cal.5th 989, the…

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Dec 11

How Long Does a Contested Divorce Take in California?

When a divorce is uncontested, it means that both parties agree to their separation and they can work together enough to get…

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Dec 09

Plaintiffs Win Default Judgement on Appeal Against “Off-Grid” Defendants

In this civil case, the Fourth District reversed an Orange Country trial court who granted the defendants’ motion to vacate a default…

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Nov 11

Attorney Disqualified for Relation to Both Appellants

In this case, the Second District affirmed a Los Angeles County trial court’s order granting D’s motion to disqualify P’s attorney—who was…

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Oct 28

Widow Sues Late Husband’s Children Over Inheritance

In this case, “Frank Gomez and plaintiff Louise Gomez rekindled their love late in life, over 60 years after Frank broke off…

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Oct 21

Court Grants Petition Compelling Court to Grant Hearing Within 15 Days

In this case, the Second District granted a petition for a writ of mandate compelling the juvenile court to hold a section…

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Oct 15

Common Law Marriage in California: Everything You Need to Know

Sometimes, state law can consider that a couple is legally married even if they haven’t a ceremony or gone to a courthouse…

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Oct 14

How COVID-19 Affected a Restraining Order Appeal

In this case, the First District dismissed an appeal from two orders resulting from competing requests for civil harassment restraining orders. “Due…

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Sep 28

CA Supreme Court Rules with Autistic Claimant Against Conservatorship

O.B. is an adult with autism spectrum disorder whose mother and older sister were appointed conservators of her estate in a limited…

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Sep 21

Mother Wins Reunification After Reversal of Earlier Ruling

In this case, filed on May 29 but certified for publication on June 17, the second Division reversed a Los Angeles County…

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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 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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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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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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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 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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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 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 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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Sep 25

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 9) The Cycle of Violence

The Cycle of Violence      The question that most people ask themselves when working with domestic violence is "why"? Our society…

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Sep 19

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 8) Dynamics of the Abusive Relationship

Dynamics of the Abusive Relationship Just as it's impossible to make progress while working with sweeping generalization in any other area of…

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Sep 08

Reliability of Juvenile Witnessess

  Recently, I was discussing the holding in In Re I.C with our juvenile dependency attorney Nicole Anderson. Nicole has been practicing…

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Sep 01

Recent ruling on domestic violence and restraining orders

Spousal Abuse In Fischer v Fischer. (March 18, 2018) In affirmance, First District holds wife did not intentionally or recklessly cause husband…

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Aug 30

Child Visitation

In Ed H. v. Ashley C. (August 24, 2017) In affirmance, Fourth District holds that great-grandparents lack standing to seek visitation with great-grandchildren…

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Aug 24

Child Support

In County of Orange v. Cole (August 15, 2017) In affirmance, Fourth District holds that sperm donor whose paternity cannot be established under…

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Aug 21

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 6) The History of Domestic Violence P.2

The History of Domestic Violence pt 2 Although in the first portion of this topic we covered how domestic violence has been…

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Aug 12

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 4) The legacy of the O.J Simpson case

The Legacy of the O.J Simpson Case The aftermath of the infamous O.J Simpson case had a tremendous amount of effects concerning…

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Aug 11

Personal Jurisdiction

In Hogue vs Hogue (September 29, 2017) Third District finds that husband’s sending video of his mock suicide from Georgia to wife in…

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Aug 08

High Wage Earners & When Courts Deviate from the Child Support Guidelines

In a reversal, the Second District held that the trial court must, per Fam C §4056, state on the record its reasons…

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Oct 10

Ask the Attorney

Ask the attorneys of Edgar Family Law a question or request to discuss a certain topic and we will post a video…

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May 18

Trial Topic this week: Where should we do the child custody exchange?

Many people going through a custody case in court are often considering where they should do the child custody exchange. One might think that…

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Aug 25

Why You Should Go with Experience When it Comes to Counsel

"The court continued it yet again.” “Why?” “Not sure…I think they just wanted to give her one final chance.” “But you said…

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Jul 28

Do I Really Need an Attorney?

Recently I heard something disturbing from a new client. While representing herself, she had gotten a bad custody ruling from a particular…

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Jun 30

Passport Denial for Delinquent Child Support Obligors

One of the harshest enforcement actions the Department of Child Support Services is mandated to take against delinquent child support obligors is to report…

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Dec 10

Can a Couple Live in the Same House but be “Living Separate”?

The answer to that question up until July 19, 2015 of this year would have been maybe (or it depends on the…

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Nov 25

DCSS Has Attorneys…..Do You?

DCSS Has Attorneys Representing Them, So Should You! “It is quite simple….., you just input the numbers in a computer program and…

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Apr 15

I Want to Change Custody

Many times parents want to change primary custody of the children as opposed to modifying visitation. Statutory and case law makes changing custody much more difficult than…

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Mar 19

Attorney Jeremy Roark

The Law Offices of H. William Edgar is proud and excited to announce that Attorney Jeremy Roark will take over the day to…

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Mar 01

What Is the UCCJEA?

The purpose of the UCCJEA is to allow states to determine which states has jurisdiction regarding custody and visitation and for the court to determine who…

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Jan 30

Can A Party Stop A Divorce?

If one party files for a dissolution of marriage, the other party can not stop it unless there is a mutual agreement for…

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