At a recent continuing education seminar for San Diego family law attorneys, a family court judge was asked what, if anything, the court tries to do to minimize the harmful impacts of divorce on children. The judge responded that she often refers families in her courtroom to a program called…
Articles Posted in Custody and Visitation
The “Low Conflict” Child Custody Case (or another blog about getting along)
Let’s be honest shall we? I am a custody attorney, and there is only one kind of custody case that I take to trial; the high conflict custody case. (Okay…To be fair I take other custody cases to trial that are not “high conflict”, but those are generally move away…
Preventing International Child Abduction
Last week, we wrote a post with some tips about child custody and international travel. This week, we will look a little more closely at the provisions in the Family Code that help the Court prevent international child abductions. Although the relevant provisions apply to domestic as well as international…
Model Behavior: Hilary Duff/Mike Comrie Divorce
Divorce isn’t easy. People get angry or hurt, and emotions can cloud even the most intelligent person’s judgment. We’ve already written many blogs about the need to “play nice” in divorce proceedings, and the benefits of positive co-parenting, but one star’s recent divorce has hit our radar as a real-life…
So the Court Set a Trial Date
This blog is a follow up to a previous blog titled “Should I go to Trial.” If you have not read that blog it is worth reading, and not just because I wrote. There are many factors you should discuss with your attorney before you go to trial. The two…
United States Supreme Court Summarily Reverses Alabama Judgment On Out of State Same-Sex Adoption
On March 7, 2016, the United States Supreme Court unanimously and summarily reversed the Alabama Supreme Court on a same-sex adoption issue. In the case, V.L. v. E.L., the parties were two women who were in a relationship from approximately 1995 until 2011. In 2002, E.L. gave birth to a…
Child Custody and International Travel
One of the first things you’ll see on the Family Law Summons is the Automatic Temporary Restraining Orders (called “ATROS”). These orders issue automatically upon the filing and service of the Petition. One of the ATROS states that neither parent is allowed to take the children out of the State…
My Child Wants to Live Where? The Madonna/Rocco Custody Issue.
Madonna and Guy Ritchie’s 15 year-old son Rocco made headlines recently after he decided that he wanted to live with his dad in London and then refused to return to see his mom in New York for the holidays. Madonna ran into court just before Christmas, where the judge ordered…
Information and Quick Tips for Family Court Services Mediation
Family Code section 3170 requires that parties to a child custody or visitation dispute attend mediation first. In San Diego County, we call this Family Court Services mediation. This process has different names in other counties. For example, in Riverside County, this is referred to Child Custody Recommending Counseling. San…
Move-Away Myths
As one Court appropriately put it, granting a parent’s request to move out of the county “is one of the most serious decisions a family law court is required to make.” The ramifications of the decision will undoubtedly affect both parents involved and their children for the rest of their…