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San Diego (and El Centro and Hemet) Divorce Blog: Property Division–Court refines Family Code §1101(g) and (h) interpretation

by casekamshad | Apr 23, 2013 | Law Updates, Marriage, Property

In a decision filed April 18, 2013, the 1st Court of Appeals interpreted that California Family Code (CFC) §§1101(g) and (h) apply solely to community property. What does this mean to you? Back in February 2011, I talked about CFC §1101 requests. CFC §1101(a) says...

San Diego (and Hemet and El Centro) Divorce blog: Child witnesses have the right to remote testimony in domestic violence cases, affirms C.A.2

by casekamshad | Jan 3, 2013 | Custody & Children, Domestic Violence, Law Updates

In a ruling made 12/17/12, the 2nd California Court of Appeals affirmed a trial court’s decision to allow remote testimony by a child witness in a domestic violence matter even though the child was not, herself, a victim. People v. Lujan was a tragic case. In...

San Diego (and El Centro and Hemet) Divorce Blog: The death of the not-so-noble “Sur-Reply”

by casekamshad | Nov 28, 2012 | Law Updates

Family Court cases are often a back and forth of “He said, She said.” The natural reaction, when confronted with a declaration by the opposing party, is to want to respond to set the record straight. This would lead to a neverending ping-pong of...

San Diego (and El Centro and Hemet) Divorce Blog: AB 1406 and how this Family Law statute affects you: Preliminary Declarations of Disclosure

by casekamshad | Nov 1, 2012 | Law Updates, Marriage

NEW LEGISLATION (EFFECTIVE 1/1/13) WILL AFFECT FAMILY LAW ATTORNEYS: AB 1406, introduced in 2011 and signed into law July 6, 2012, makes a number fundamental changes to the California Family Code (CFC); they go into effect on January 1, 2013. Regarding Preliminary...

Urgency legislation modifies foster children law, effective 8/5/09

by casekamshad | Aug 26, 2009 | Law Updates

With the signature of Governor Schwarzenegger, AB 706 took effect as urgency legislation on 8/5/09.  It adds §361.49 to the Welfare and Institutions Code providing that: Regardless of his or her age, a child shall be deemed to have entered foster care on the earlier...

Time Limit for Reunification Services when Dependency Action Pending

by casekamshad | Apr 28, 2008 | Custody & Children, Domestic Partnerships, Law Updates, office

IN RE VINCENT M., No. H030258. On April 4, 2008, the Second Appellate District reversed a Findings and Order granting a Petition by a child’s biological father seeking that he was the child’s presumed father stating that: . . . a biological father seeking...
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