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Name Category Published
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
Bono v. Clark
Expenditure of community funds for improvement to spouse's separate real property gives rise to right of recovery under 'Moore/Marsden' rule.
Family Law Nov. 10, 2002
Muckle v. Superior Court (Burgess-Muckle)
Trial court cannot exercise jurisdiction over husband, resident in Georgia, for purposes of adjudicating rights in Georgia property and spousal support.
Family Law Nov. 10, 2002
Eunique v. Powell
Party is denied passport because she is in substantial arrears of child support obligations.
Family Law Oct. 29, 2002
O.S., a Minor
Counsel of alleged parent provided ineffective assistance by failing to object to lack of notice and not seeking presumed father status.
Family Law Oct. 24, 2002
In re Marriage of Ellis
Former husband's health insurance subsidy benefits upon retirement are not property divisible as community property.
Family Law Oct. 13, 2002
In re Marriage of Murray
Proceeds from home sale which were attached to illegitimate debts constitute fraud upon the community.
Family Law Oct. 7, 2002
Karen C., a minor
Nonbiological mother who has not formally adopted child may establish maternity where she takes child into her home and raises as her own.
Family Law Oct. 7, 2002
In re Marriage of Romero
Consideration of new spouse's income with regards to husband's spousal support payment was abuse of discretion.
Family Law Oct. 2, 2002
Edward H., a Minor
Notice to Bureau of Indian Affairs and some possible tribes, in which dependent may be member, does not violate Indian Child Welfare Act.
Family Law Oct. 2, 2002
Marriage of Friedman
Postnuptial agreement providing that spouses would not share in each other's businesses is valid.
Family Law Oct. 2, 2002
In re C.T.
Court may not determine minor is abused but properly exercises emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act.
Family Law Oct. 2, 2002
Rios v. Pulido
Allowing each parent with joint custody to claim dependency exemption every other year was proper.
Family Law Oct. 2, 2002
In re Marriage of Carpenter
Husband has right to reimbursement for separate property contribution to community property house where quitclaim deed and premarital agreement were executed.
Family Law Oct. 2, 2002
Victoria C., a Minor
It was harmless error when court dismissed portion of father's petition, requesting minor to be removed from mother's home.
Family Law Oct. 2, 2002
Joe B. v. Superior Court (Orange County Social Services Agency)
Because parent's appeal constitutes adequate remedy at law, father is not entitled to challenge denial of reunification services by writ petition.
Family Law Oct. 1, 2002
Joy M., a Minor
Trial court properly considered psychologist's report when denying reunification services because parent failed to object to report at trial.
Family Law Oct. 1, 2002
In re Marriage of Heggie (Heggie v. Heggie)
Imbalance of community property division due to stock value fluctuation was inadequate basis to set aside judgment.
Family Law Oct. 1, 2002
Hamblen v. Hamblen
Adoption subsidy is income attributed to special needs child, not credit against parent's child-support obligation.
Family Law Sep. 30, 2002
In the Matter of Petition of R.A. and T.A.
Grandparent visitation statute does not violate due process clauses of state and federal constitutions.
Family Law Sep. 29, 2002