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Name Category Published
Eric E., a Minor
Biological father's failure to establish presumed father status until after termination of reunification hearing rendered him without standing to challenge custody order.
Family Law Jul. 10, 2006
Charisma R. v. Kristina S.
Lesbian's petition to establish parental relationship with child born to former partner shall be reconsidered under 'Elisa B. v. Superior Court.'
Family Law Jun. 22, 2006
Marriage of Fellows
Law that limits ability to assert defenses to support obligations applies retroactively.
Family Law Jun. 20, 2006
Marriage of David and Martha M.
Family court made clear legal error when it applied 'best interest of child' rule in ordering modification of juvenile court's exit order.
Family Law Jun. 19, 2006
Charlotte D., a Minor
Unwed father has constitutionally protected parental rights not subject to termination absent finding of unfitness if he demonstrates full commitment to parental responsibilities.
Family Law Jun. 15, 2006
Marriage of Jackson
Evidence other than Michael Jackson's stipulation with ex-wife should have been considered before termination of her parental rights.
Family Law Jun. 15, 2006
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided.
Family Law Jun. 13, 2006
Aaliyah R., a Minor
Termination of parental rights was proper upon finding child was adoptable by clear and convincing evidence.
Family Law May 29, 2006
Marriage of Campbell
Spouse's attempt to remarry prior to judgment dissolving existing marriage did not terminate other spouse's obligation to pay support.
Family Law May 29, 2006
L.V., a Minor
Although natural parents could provide food, clothing and shelter, it was in minor's best interest not to terminate guardianship.
Family Law May 29, 2006
Baby Girl M., a Minor
Where parent's fitness is questioned by factors outside of felony conviction, Legislature intended courts apply statutes containing more gradual parental termination procedures.
Family Law Apr. 10, 2006
Brown v. Yana
Where noncustodial parent fails to demonstrate planned move would be detrimental to child, court is not obligated to conduct evidentiary hearing.
Family Law Apr. 9, 2006
Monterroso v. Moran
Court acted in excess of jurisdiction when it failed to make detailed findings before entering mutual restraining order between husband and wife.
Family Law Apr. 7, 2006
Kristine M. v. David P.
Public policy prohibits waiving child's right to support where parents agreed to terminate father's parental rights and child support obligations.
Family Law Apr. 7, 2006
Burkle v. Burkle
Family Code section allowing divorcing spouse to seal pleadings that list identifying financial information violates First Amendment.
Family Law Apr. 7, 2006
County of Fresno v. Sanchez
Default paternity judgment is upheld, however, appellant may seek relief under new paternity law.
Family Law Mar. 29, 2006
Robert J. v. Catherine D.
Trial court erred when concluding it was without discretion to award attorney fees for custody and visitation proceedings after final paternity judgment.
Family Law Mar. 23, 2006
Gabriel G., a Minor
Where there is probability of adoption and child is member of sibling group, court may identify adoption as permanent placement goal.
Family Law Mar. 23, 2006
Bonnie P. v. Superior Court (Jacqueline P.)
Petition for emancipation was denied because minor failed to manage her finances and her parents did not consent to her living arrangement.
Family Law Mar. 20, 2006
Marriage of Nicole F. Brown and Anthony Yana
Parent without legal or physical custody is entitled to evidentiary hearing in 'move-away' case.
Family Law Mar. 15, 2006
Marriage of Benson
Husband may present extrinsic evidence of wife's promise to relinquish her community property interest in his retirement funds.
Family Law Feb. 3, 2006
Elisa B. v. Superior Court (Emily B.)
Partner in same-sex relationship is not 'parent' under Uniform Parentage Act required to provide child support.
Family Law Feb. 3, 2006
Kristine H. v. Lisa R.
Same-sex parent is entitled to assert parentage under gender-neutral application of Uniform Parentage Act.
Family Law Feb. 3, 2006
Josiah Z., a Minor
Appellate attorney lacks authority to dismiss appeal on behalf of dependent children based on their best interests.
Family Law Feb. 3, 2006
Elisa B. v. Superior Court (Emily B.)
Partner in same-sex relationship is not 'parent' under Uniform Parentage Act required to provide child support.
Family Law Feb. 3, 2006
Kristine H. v. Lisa R.
Same-sex parent is entitled to assert parentage under gender-neutral application of Uniform Parentage Act.
Family Law Feb. 3, 2006
Marriage of Schmir
Court abused its discretion when it failed to afford wife fair advance notice of termination of spousal support.
Family Law Feb. 3, 2006
Marriage of Harris
Grandparents must show by clear and convincing evidence that parent's opposition to visitation is detrimental to child.
Family Law Feb. 2, 2006
Sara M. v. Superior Court (Tuolumne County Dept of Social Services)
Court erred in terminating reunification services at six-month review hearing.
Family Law Feb. 2, 2006
I.G., a Minor
Indian Child Welfare Act notice requirement is not met by correspondence sent to tribes but not introduced in evidence.
Family Law Feb. 2, 2006