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County of San Diego v. Mason
Possible father, who asked for paternity test, must submit DNA results to government lab because government can use facility of its choice.
Family Law Sep. 17, 2012
Burnham v. California Public Employees' Retirement System (Honeyman)
Woman is not entitled to CalPERS member's pension survivor benefits because she presented her declaration of domestic parternship after his death.
Family Law Sep. 4, 2012
Marriage of Left
'Commitment ceremony' that resembles valid remarriage, but does not involve issuance of marriage license, is not valid ground for termination of spousal support order.
Family Law Aug. 24, 2012
Smith v. Smith
Family court order redacting references to father’s juvenile record and refusing to destroy reports is proper where reports were completed before sealing of record.
Family Law Aug. 23, 2012
Guardianship of Vaughan
In guardianship proceeding, ‘stable placement’ provision within Family Code Section 3041 is not dependent on child first being abandoned with nonparent.
Family Law Aug. 17, 2012
Marriage of Hofer
Disentitlement doctrine allows dismissal of husband’s appeal where he refused to obey lower court’s legal orders regarding disclosure of financial circumstances.
Family Law Aug. 14, 2012
L.M. v. M.G.
In context of same-sex partnership, single parent adoption decree does not rebut presumption of parentage in favor of second mother.
Family Law Aug. 3, 2012
Guardianship of Vaughan
In guardianship proceeding, ‘stable placement’ provision within Family Code Section 3041 is not dependent on child first being abandoned with nonparent.
Family Law Jul. 19, 2012
Marriage of Wilson and Bodine
Paternity judgment is nullified by subsequent marriage of parents of child born out-of-wedlock.
Family Law Jul. 9, 2012
Marriage of Khera and Sameer
Denial of postjudgment motion to modify spousal support order is proper because supported spouse’s ability to be self-supporting is not unrealized expectation.
Family Law Jun. 19, 2012
Marriage of Green
Husband's service credit for military service is not separate property when he served in military before marriage, but purchased credits during marriage.
Family Law Jun. 7, 2012
Marriage of Green
Husband's service credit for military service is not separate property when he served in military before marriage, but purchased credits during marriage.
Family Law May 16, 2012
Litke O’Farrell LLC v. Tipton
Nondebtor spouse's interests cannot be charged where husband and wife entered into marital settlement agreement prior to creditor's motion to charge interests.
Family Law Apr. 10, 2012
Marriage of Rice and Eaton
Numerous failures to pay child support are not so interrelated as to require that they be charged simultaneously because each constitutes separate act of contempt.
Family Law Apr. 4, 2012
Marriage of Thorne and Raccina
Modification of dissolution judgment to divide military pension under 'time rule' is improper where judgment considered pension and extrinsic mistake did not occur.
Family Law Feb. 13, 2012
Marriage of Walker
Former teacher's disability allowance constitutes separate property because it replaced lost earnings during period of his preretirement disability.
Family Law Feb. 3, 2012
Marriage of Wahl and Perkins
Sanctions award is upheld where appellant repeatedly failed to comply with custody and visitation order and frustrated settlement of litigation.
Family Law Feb. 3, 2012
E.C. v. J.V.
In determining presumed parent status under Uniform Parentage Act, court wrongly relies on facts regarding nature and quality of relationship between same-sex partners.
Family Law Jan. 20, 2012
Marriage of Hill and Dittmer
Premarital agreement is valid even if assets were not fully disclosed where circumstances show that both parties entered into agreement voluntarily.
Family Law Jan. 19, 2012
Adoption of Myah M.
Court properly declines to refer case to child welfare agency before issuing guardianship order because parents consented to guardianship.
Family Law Jan. 10, 2012
Jennifer R. v. Superior Court (San Diego County Health and Human Services Agency)
Agency fails to provide reasonable reunification services to mother because case plan did not include substance abuse treatment despite knowledge of problem.
Family Law Jan. 6, 2012
Marriage of Sorge
Divorced parties do not have continuing fiduciary duty to disclose all material facts related to income after court has entered final custody and support order.
Family Law Jan. 6, 2012
Jennifer R. v. Superior Court (San Diego County Health and Human Services Agency)
Agency fails to provide reasonable reunification services to mother because case plan did not include substance abuse treatment despite knowledge of problem.
Family Law Jan. 5, 2012
Adoption of Myah M.
Court properly declines to refer case to child welfare agency before issuing guardianship order because parents consented to guardianship.
Family Law Dec. 21, 2011
Patrick v. Alacer Corp.
Trustees are not required to issue company stock to satisfy plaintiff’s community property interest in company’s increased value where trust is silent on issue.
Family Law Dec. 16, 2011
Marriage of Guasch
Family court properly enjoins enforcement of default judgment obtained by third party against husband to preserve community property pending division between husband and wife.
Family Law Dec. 9, 2011
Maurizio R. v. L.C.
Conditions of child’s return to habitual resident country are improper where they require abducting parent’s cooperation and acts beyond non-abducting parent’s control.
Family Law Dec. 7, 2011
Marriage of Guilardi
Family court properly dismisses wife’s request for pendente lite attorney fees based on implicit waiver of fees in marital settlement agreement.
Family Law Dec. 2, 2011
Hoag v. Diedjomahor
Court properly grants visitation to grandparent, whose adult child had died, over surviving parent’s objection because reasons for objecting were not credible.
Family Law Nov. 16, 2011
Rich v. Thatcher
Heightened standard is properly applied to determine whether grandparent has overcome presumption that parent is acting in child’s best interest in denying visitation.
Family Law Nov. 15, 2011