Litigation

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

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

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

How to Sever Joint Tenancy Civil Code 682 Talkov Law

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

Civil Code 789 - Tenancy At Will - Eviction of Unwanted Guests in California

Tenancy At Will California – Eviction of Unwanted Guests – Civil Code 789

A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, … Read More

Nondischargeability for Fraud Other than a Statement Respecting the Debtor’s Financial Condition

Nondischargeability for Fraud “Other Than a Statement Respecting the Debtor’s Financial Condition” in Bankruptcy [11 USC 523(a)(2)(A) & 523(a)(2)(B)]

Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtor’s or an insider’s financial condition” means that creditors in bankruptcy are barred from claiming … Read More

Virtual Domestic Violence Court Hearings California Restraining Order Attorney Family Law Lawyer

Virtual Domestic Violence Court Hearings – Dangerous for Victims of Abuse in California?

What Are The Pros and Cons of Virtual Domestic Violence Court Hearings? Are They Dangerous for Abuse Victims or Beneficial for California Family Courts?

Why You Should Never Agree to a Restraining Order if You Have Kids in California Custody Lawyer Attorney Domestic Violence

Family Code 3044 – No One Will Tell You About This Devastating Consequence of Agreeing to a Restraining Order in California

Only Agree to a Restraining Order if You Want to Lose Custody of Your Children – Family Code Section 3044.

Important Child Custody Laws in California Attorney Family Lawyer

Complete List of Important Child Custody Laws in CA [Must Know California Family Code Sections]

Truth be told, not every California law having to do with child custody regularly comes up in family court. Like any other body of law, California child custody law consists of a handful of highly litigated sections nestled between a whole slew of oft forgotten, rarely disputed rules and codes. Complete List of the Most … Read More

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