Posts Categorized: Child Custody

RECENT DIVORCE AND FAMILY LAW CASES THAT OUR OFFICE HAS WORKED ON

Posted on June 29th, 2015

RECENT SUCCESSFUL OUTCOMES FOR W&F ATTORNEYS Located in Mission Valley – Easy Parking – Private Consultation From time to time we like to share information about the successes that our attorneys have had in recent cases that they have been working on.  This synopsis is by no means an exhaustive list of every case we have handled.  For more information… READ MORE

Recent Case Development for Minor’s Counsel in Child Custody and Visitation Cases

Posted on June 3rd, 2015

San Diego Divorce Lawyers – Experts in Child Custody and Visitation The recent appellate case of In re Marriage of Metzger (filed March 4, 2014), the Court of Appeals in California determined that the appointment of minor’s counsel in a child custody and visitation case does not violate the Constitutional right of a parent to determine what is in the… READ MORE

Stepparent Adoption Procedure

Posted on January 2nd, 2015

Procedure for California Stepparent Adoptions – a Practical Guide Stepparent adoption proceedings are relatively common in San Diego County, California, although they can be extremely difficult to complete depending on the circumstances.  A stepparent adoption always begins with the filing of a petition for the adoption.  The petitioner is the stepparent that hopes to adopt the child, and the case… READ MORE

Does a Trial Court’s Jurisdiction To Make Child Support Orders Survive The Dissolution/Termination Of A Temporary Restraining Order?

Posted on March 16th, 2013

Yes. In the case of Moore v. Bedard (2013) ____ Cal. App. 4th ___, in 2006, Wife requested domestic violence restraining orders to protect her from Husband who is the father of their three children.  Her request for DVPO’s also asked for child custody, visitation and child support orders that would modify orders entered in 2002.  A TRO was issued… READ MORE

Can Child Custody Evaluator Or Evaluator’s Report Be Set Aside:

Posted on March 12th, 2013

In the recent case of Marriage of Adams & A, (2012) ___ Cal. App. 4th ___, on appeal, the Appellate Court determined that the Child Custody Evaluator (“Expert”) (i.e. Evid. Code 730 Expert) took a biased approach against the father evidenced through the recommendations of unreasonable burdens placed on the father to spend time with the child. The result of… READ MORE

Bias in Custody Evaluations

Posted on November 6th, 2012

When a Child Custody Evaluator Proves to Maintain a Bias, He or She Must be Removed and any Orders Therefrom Must be Vacated In the recent matter of  Irmo Adams & A. (2012) (CA 4/3 – Opinion filed October 16, 2012), a 2008 stipulated divorce judgment provides for shared legal custody of the parties’ son and puts a scheduled parenting plan… READ MORE

When Paternity and Divorce Collide

Posted on September 18th, 2012

Attorneys Specializing in Divorce and Paternity The recent case of Irmo Wilson & Bodine, (2012) (filed July 2012) presents an interesting cross-issue between paternity and divorce matters.  Recall that there are typically two mechanisms in which to file a lawsuit for child custody orders, filing a Petition to Establish a Parental Relationship (called a paternity case) and Petition for Dissolution… READ MORE

Termination of Parental Rights for Non-Presumed Father

Posted on June 10th, 2012

The determination of the fitness of a “Kelsey S. father” to parent his child must be based upon the statutory standards found in Family Code sections 7820 through 7829. The paternal rights of a “Kelsey S.” father, including the right to withhold consent to an adoption, cannot be terminated unless he is found “statutorily unfit under section 232 [now Fam.… READ MORE

Modification of Child Custody Orders Warranted after Therapy Completed

Posted on March 25th, 2012

An increased timeshare and the completion of a period of therapeutic visitation is a change of circumstance that does warrants new custody and visitation orders. In Irmo Afar, (an unpublished opinion of District 3, filed September 19, 2011), a March 2005 judgment awarded Mother sole legal and physical custody of the parties’ two boys. Mother lived in Philadelphia, Pennsylvania and Father… READ MORE