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Marriage of Lucio
When parent seeks to modify visitation, not allocation of custody between parents, court considers whether modification is in child’s best interests.
Family Law Apr. 9, 2008
Vincent M., a Minor
Where biological father cannot establish 'presumed' father status before reunification period ends, he must show child would benefit from reunification services.
Family Law Apr. 7, 2008
Marriage of Montgomery
Husband should pay wife her remaining share of proceeds from sale of family residence pursuant to terms of marital settlement agreement.
Family Law Apr. 3, 2008
Ortega v. Sacramento County Department of Health and Human Services
Social workers who returned child to father who subsequently stabbed child are immune from liability because they conducted discretionary acts.
Family Law Apr. 2, 2008
A.G., a Minor
Court did not violate parent's due process rights by sustaining County's objection to parent testifying at hearing.
Family Law Apr. 1, 2008
Marriage of Gerkin
Kansas court could not set lower amount of child support payments than support provided in earlier California dissolution judgment.
Family Law Mar. 31, 2008
N.M, a Minor
Juvenile court gives appropriate notice and complies with Indian Child and Welfare Act in terminating parental rights.
Family Law Mar. 27, 2008
H.B., a Minor
Juvenile court's failure to inquire into dependent child's ancestry is harmless absent mother's affirmative representation that child may have Indian heritage.
Family Law Mar. 27, 2008
Plumas County Child Support Services v. Rodriquez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son.
Family Law Mar. 27, 2008
William K., a Minor
Court did not err in failing to set aside voluntary declaration of paternity executed by another man.
Family Law Mar. 25, 2008
Brenda M., a Minor
Juvenile court erred when it prevented parent from cross-examining witnesses as sanction against parent's invocation of his Fifth Amendment right.
Family Law Mar. 5, 2008
Miracle M., a Minor
Order terminating parental rights is reversed for failure to give proper notices pursuant to Indian Child Welfare Act.
Family Law Mar. 5, 2008
N.E., a Minor
Father who does not claim Indian heritage under ICWA fails to show requisite prejudice in challenging order to terminate parental rights.
Family Law Mar. 4, 2008
Marriage of Cooper
Because community property, including retirement benefits, must be divided equally amongst parties, court errs in awarding ex-wife entire retirement survivorship benefit.
Family Law Mar. 3, 2008
Sarah B. v Floyd B.
Parent residing with child in Colorado at time she seeks assistance of California family court is not required to return child to California.
Family Law Feb. 4, 2008
Antonio G., a Minor
Even if children had previously been removed from her care, maternal grandmother should be given preferential consideration for their placement.
Family Law Jan. 29, 2008
Jennifer T. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
In family law case, purported appeal from order terminating reunification services is construed as petition for writ of mandate.
Family Law Jan. 28, 2008
Marriage of Rothrock
Personal injury settlement annuity payments are not considered income for purposes of determining child support.
Family Law Jan. 25, 2008
Beltran v. Santa Clara County
Social workers are not entitled to absolute immunity from claims that they fabricated evidence and made false statements in dependency petition.
Family Law Jan. 25, 2008
Joshua S., a Minor
Attorney fee statute does not impose fees on individual seeking judgment that determines only her private right but does not affect public interest.
Family Law Jan. 25, 2008
Marriage of Barthold
Trial court's authority to correct its errors applies even when prompted to reconsider prior ruling by motion filed in violation of Code of Civil Procedure.
Family Law Jan. 17, 2008
Marriage of James M.
Court improperly denies ADA request to continue trial where wife who suffers from cancer and bipolar disorder represents herself in dissolution proceedings.
Family Law Jan. 17, 2008
Marriage of Harris
Debt incurred during marital dissolution is discharged by debtor spouse’s later bankruptcy only if conditions of Title 11 U.S.C. Section 523(a)(15) are met.
Family Law Dec. 27, 2007
J.H., a Minor
Errors in providing notice to father for dependency hearings involving his daughter were harmless beyond reasonable doubt.
Family Law Dec. 24, 2007
Tonya M. v. Superior Court (Los Angeles County Dept. of Family and Children's Services)
In determining whether there is substantial probability of child and parent reunification, court need not look beyond date of next review hearing.
Family Law Dec. 21, 2007
C.J. W., a Minor
Dependency court practice of issuing ‘internally inconsistent’ orders by using Form JV-180 should be reformed.
Family Law Dec. 12, 2007
Marriage of Gong
When it appears to reviewing court that appeal was frivolous, it may add to costs such damages as may be just.
Family Law Dec. 9, 2007
Jacob P., a Minor
Child does not return to mother's custody after 18-month review hearing finds termination of grandmother's guardianship not in his best interest.
Family Law Dec. 6, 2007
Xavier G., a Minor
Mother's parental rights are properly terminated where court found grandmother was willing to adopt children.
Family Law Nov. 27, 2007
Jesse W., A Minor
Juvenile court has discretion to terminate reunification services for one parent but not the other without setting selection and implementation hearing.
Family Law Nov. 25, 2007