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Starr v. Starr
Property purchased in one spouse’s name is community property where title-holding spouse promises to add other spouse to title, constituting undue influence.
Family Law Oct. 17, 2010
Marriage of Tharp
Family court must consider evidence of disparity of income to exercise valid discretion in attorney fee award in dissolution proceedings.
Family Law Oct. 3, 2010
C.B., a Minor
Notice requirements of Interstate Compact on Placement of Children do not apply to out of state placement with parent.
Family Law Sep. 28, 2010
Vanessa Q., a Minor
Service of notice that failed to comply with Hague Service Convention does not invalidate personal jurisdiction where father made general appearance through counsel.
Family Law Aug. 5, 2010
Marriage of Nicholas
Judge subsequently assigned to divorce proceedings may modify preexisting, provisional sealing orders issued by previous judge.
Family Law Aug. 2, 2010
Marriage of Guo and Sun
Putative spouse status is properly denied where party seeking putative status did not have good faith belief marriage was valid.
Family Law Jul. 29, 2010
Marriage of Schopfer
Father can be compelled to pay voluntarily agreed upon child support to child's stepfather.
Family Law Jul. 8, 2010
Marriage of Sonne
Redeposited service credits earned by employee-spouse for retirement benefits are considered separate property for dissolution of marriage purposes.
Family Law Jun. 30, 2010
Scott v. Thompson
Sibling may not bring challenge to determine paternity of presumed father who was married to child’s mother at time of birth.
Family Law Jun. 30, 2010
Marriage of Hartmann
Restraining order against ex-wife prohibiting her interference with ex-husband’s child custody is valid where she repeatedly alienates children from ex-husband.
Family Law Jun. 24, 2010
Marriage of D.
Court properly terminates father's parental rights based on abandonment due to his inaction following custody award to mother.
Family Law Jun. 10, 2010
Scott v. Thompson
Sibling may not bring challenge to determine paternity of presumed father who was married to child’s mother at time of birth.
Family Law May 28, 2010
James v. Rowlands
Officials are entitled to qualified immunity where parent’s rights to be informed of change in child’s placement were not clearly established.
Family Law May 27, 2010
S.M. v. E.P.
Restraining order is improper where conduct was not abuse that placed victim in reasonable apprehension of injury under Domestic Violence Prevention Act.
Family Law May 26, 2010
Marriage of Schopfer
Father can be compelled to pay child support to child's stepfather absent agreement where stepfather's support was not voluntary.
Family Law May 18, 2010
Abbott v. Abbott
Parent’s right to consent to removal of child from country constitutes ‘right of custody’ under international child abduction law.
Family Law May 17, 2010
Carmona v. Carmona
Federal district court lacks jurisdiction to hear claim brought by eighth wife of ERISA participant against ninth wife.
Family Law May 5, 2010
Jackson W., a Minor
Parent is precluded from using non-habeas corpus petition to challenge court order based on ineffective assistance of counsel.
Family Law May 3, 2010
CMRE Financial Services Inc. v. Parton
Nondebtor spouse is not liable for debts incurred by former spouse during separation unless assigned to nondebtor spouse by judgment of dissolution.
Family Law May 3, 2010
K.C., a Minor
Father may not challenge order denying relative placement where he only showed that his interest might be injuriously affected by court's decision.
Family Law Apr. 28, 2010
H.S. v. Superior Court (S.G.)
Married woman’s former lover has no basis as presumed father under Family Code without valid Paternity Opportunity Program declaration.
Family Law Apr. 26, 2010
Marriage of Zimmerman
Action to set aside child support order based on fraud must be brought within six months after complaining party discovered fraud.
Family Law Apr. 26, 2010
Adam D., a Minor
Appeals Court has jurisdiction over child neglect case where conditions are attached to informal supervision order.
Family Law Apr. 19, 2010
Marriage of Zimmerman
Action to set aside child support order based on fraud must be brought within six months after complaining party discovered fraud.
Family Law Apr. 9, 2010
Escobar v. Flores
Appeals court finds no clear error in trial court’s finding that child was mature enough to object to return to Chile.
Family Law Apr. 8, 2010
K.C. v. Superior Court (Trinity County Health and Human Services)
Reunification services are properly denied when reasons for previously ordered termination of services for child’s half sibling had not abated.
Family Law Mar. 18, 2010
A.H. v. Superior Court (Orange County Social Services Agency)
Juvenile court properly considers incarceration of father during his dependency period when terminating family reunification services.
Family Law Mar. 11, 2010
E.O., a Minor
Paternity judgment does not require juvenile court to consider man to be children's presumed father.
Family Law Mar. 4, 2010
Mendoza v. Ramos
Court properly declines to attribute income to parent for purposes of determining child support where parent received CalWORKs assistance.
Family Law Mar. 3, 2010
Marriage of MacManus
Trial court properly considers ex-spouse’s history of domestic violence in retroactively reallocating child support to spousal support.
Family Law Feb. 28, 2010