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Name Category Published
Marriage of Nicholson
Separate property used to pay off community credit card debt so couple could purchase home is not reimbursable.
Family Law Feb. 20, 2003
Erik P., a Minor
Sibling relationship that is not sufficiently substantial does not provide exception to termination of parental rights.
Family Law Feb. 20, 2003
Joann E., a Minor
Appointment of guardian ad litem for child's caregiver was in violation of right to due process where there was no notice nor hearing.
Family Law Feb. 20, 2003
James C., a Minor
Father incarcerated for violent felony failed to refute finding that children were dependents of court.
Family Law Feb. 20, 2003
S.O., a Minor
Dependency petition properly stated cause of action regarding mother's inability to protect child from danger.
Family Law Feb. 4, 2003
Marriage of Gray
In marital dissolution action, request for statement of decision was untimely and trial court had no obligation to furnish such statement.
Family Law Feb. 4, 2003
Jeffrey A., a Minor
Under Indian Child Welfare Act, tribe must receive notice of involuntary child custody proceeding if child is of Native American descent.
Family Law Feb. 4, 2003
In re H.A.
Department of Health and Human Services must comply with notice requirements of Indian Child Welfare Act before proceeding with custody hearing.
Family Law Feb. 4, 2003
In re I.S.
Dispositional order was not order removing minor from home and did not have to be approved by judge.
Family Law Feb. 4, 2003
Bono v. Clark
Former wife is entitled to portion of community assets used to improve husband's separate property estate.
Family Law Feb. 4, 2003
Herbst v. Swan
Law permitting visitation with unemancipated minor sibling is unconstitutional.
Family Law Feb. 3, 2003
Marriage of Dunn
Court must hold hearing before limiting participation of father's new wife in school activities of children.
Family Law Jan. 29, 2003
Marriage of Rosen
Trial court miscalculated goodwill value of spouse's law practice in dissolution proceeding.
Family Law Jan. 24, 2003
In re Catherine H.
Non-custodial parent is entitled to contested dispositional hearing when child is removed from home of guardian.
Family Law Jan. 7, 2003
County of Los Angeles v. Pattinson
Voluntary declaration of paternity may not be set aside unless declarant has notice of proceeding.
Family Law Jan. 7, 2003
Codoni v. Codoni
County lacked standing to bring enforcement action against father who owed back child support.
Family Law Jan. 7, 2003
In re Jennifer A.
Juvenile court was required to investigate child's Indian heritage before removing her from mother and placing her with father.
Family Law Jan. 7, 2003
Louis J. v. Superior Court (San Diego County Health and Human Services Agency).
Petition for stay is not warranted where legal rights of on-duty litigant are not materially affected by military service.
Family Law Jan. 7, 2003
Marriage of Doherty
Subsidies from mortgage payments made by spouse's employer are separate property following marital separation.
Family Law Jan. 7, 2003
Marriage of Lange
Promissory note, secured by deed of trust on residence for wife's separate property contributions, is unenforceable because of advantage provided to wife.
Family Law Jan. 6, 2003
Teresa J. v. Superior Court (D.J.)
Mother may relinquish child for adoption to private adoption agency.
Family Law Jan. 6, 2003
Josiah S., a Minor
Where parental rights have not been terminated, parent has right to contest continued long-term placement of her son.
Family Law Jan. 6, 2003
Megan P., a Minor
Father is entitled to hearing regarding parental rights based on department's inadequate efforts to locate him.
Family Law Jan. 6, 2003
Courtney P., a Minor
Failure to provide parent with status report at least 10 days prior to dependency review hearing constitutes denial of due process.
Family Law Jan. 6, 2003
In re S.D. (Stanislaus County v. Anthony D., Jr.)
Change in California's dependency statutes does not affect termination petition filed before effective date of new legislation.
Family Law Jan. 6, 2003
Prato-Morrison v. Doe
Unauthenticated evidence that might have proven plaintiff was genetic mother of twins was properly excluded by court.
Family Law Dec. 4, 2002
Dwayne P. v. Superior Court (San Diego County Health and Human Services Agency)
Parents' suggestion of Indian heritage is sufficient to trigger notice requirements of Indian Child Welfare Act.
Family Law Dec. 4, 2002
Marriage of Norviel
Date of separation occurs when husband and wife live separate and apart, residing in different places.
Family Law Nov. 25, 2002
Zasueta v. Zasueta
Visitation order granted to grandparents infringes upon parent's fundamental right to exercise care, custody and control over minor child.
Family Law Nov. 25, 2002
Marriage of Rose
Custody stipulation does not constitute 'final judicial custody determination.'
Family Law Nov. 19, 2002