Talkov Law Blog

Mother Lose Custody Of Her Child in California

How Can a Mother Lose Custody of Her Child in California?

How can a mother lose custody of her child? What does it mean? And is there any recourse for a mother who loses custody?

Baby Parenting Plans and Custody Schedules for Infants California Newborn Visitation Agreement

The Ultimate Guide to Baby Parenting Plans and Custody Schedules for Infants

Everything You Need to Know About Custody Schedules for Infants and Baby Parenting Plans in California.

Heggstad Petition [California Probate Code 850]

What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has … Read More

Mother Withhold Child California Paternity Visitation Alienation Father's Rights Attorney

Can a Mother Withhold a Child From the Father in California?

Family Code § 3010 provides that without court orders saying otherwise, both legal parents are equally entitled to custody of their child. The important missing piece of the puzzle is that this only applies to legal parents. So what rights do fathers have before they have established their legal rights?

Can a Parent Stop a Child From Seeing the Other Parent in California?

Can a Parent Stop a Child From Seeing the Other Parent in California?

Can a Parent Stop a Child From Seeing the Other Parent? Whenever parents are separating, one parent is often asking this question. It generally comes up in the following situations: The parents (whether married or unmarried) are no longer together and the child resides with one of the parents. The parent with whom the child … Read More

Contract Attorneys Fees Bankruptcy Litigation California Code Civil Procedure 1021

Motion for Attorney’s Fees in Bankruptcy Adversary Proceedings Under Contract [California CCP 1021]

While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties … Read More

CCP 704.965 Automatic Homestead Exemption California Declared Homestead Exemption

CCP 704.965 – Automatic Homestead Exemption Defeats Outdated Limits on Declared Homestead Exemption in Bankruptcy

Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked … Read More

Bankruptcy Trustee Continuing 341 Meeting of Creditors Talkov Law

Why Is the Bankruptcy Trustee Continuing the Meeting of Creditors?

Continuances of Meetings of Creditors – What is the Bankruptcy Trustee Investigating? Imagine this: you have filed all necessary bankruptcy paperwork and have attended your mandatory 341 meeting of creditors. You honestly answered all questions that the bankruptcy trustee asked you. Then, you get a notice that your bankruptcy trustee is continuing the meeting of … Read More

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