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FAMILY LAW: CHILD CUSTODY & VISITATION ORDERS, GENERALLY

The court generally has broad discretion in making orders. The Family Code grants code the “widest discretion” in determining a parenting plan that is in the best interest of the child or children, subject to several considerations. This post is for informational purposes (see disclaimers). … Continue readingFAMILY LAW: CHILD CUSTODY & VISITATION ORDERS, GENERALLY

FAMILY LAW: CHILD CUSTODY & VISITATION, CONTESTED PROCEEDINGS

Contested custody litigation can be time-consuming and costly; nevertheless, parties often choose to “go to battle” against each other. In such cases, the parties will attempt to convince the court that, despite best efforts to consider and accommodate the parental rights of the other party, … Continue readingFAMILY LAW: CHILD CUSTODY & VISITATION, CONTESTED PROCEEDINGS

FAMILY LAW: CHILD CUSTODY, JURISDICTIONAL LIMITS

Although custody disputes may be litigated in a dissolution or nullity action, the court can only address the minor children of the parties’ marriage. Thus, requests regarding stepchildren cannot be adjudicated. Additionally, the courts generally have no jurisdiction to adjudicate custody disputes regarding grandchildren. The … Continue readingFAMILY LAW: CHILD CUSTODY, JURISDICTIONAL LIMITS

FAMILY LAW: CHILD CUSTODY & VISITATION, AUTHORITY OF COURT TO ADDRESS

The court may generally make an order for custody of a child during minority that seems necessary or proper during the pendency of the following proceedings, subject to the jurisdiction of juvenile court: a nullity action or dissolution of marriage proceeding, domestic partnership litigation, and … Continue readingFAMILY LAW: CHILD CUSTODY & VISITATION, AUTHORITY OF COURT TO ADDRESS

DOMESTIC VIOLENCE RESTRAINING ORDERS: RESPONDING TO A RESTRAINING ORDER

Persons restrained or sought to be restrained by a domestic violence restraining order often object to and oppose such orders. In such case, the restrained person, after being served with papers, must file and serve his or her response to the protected person’s petition. The … Continue readingDOMESTIC VIOLENCE RESTRAINING ORDERS: RESPONDING TO A RESTRAINING ORDER

SPOUSAL SUPPORT FACTORS: EMPLOYABILITY OF CUSTODIAL SPOUSE VS. IMPACT ON CHILDREN

The ability of the supported spouse to gain employment without interfering with the interests of the dependent children in his or her custody, must also be considered by the court. If a supported parent returns to the workforce, the court will have to consider the … Continue readingSPOUSAL SUPPORT FACTORS: EMPLOYABILITY OF CUSTODIAL SPOUSE VS. IMPACT ON CHILDREN