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November 2009

Nov
16
2009

Child Custody Mediation: An Invaluable Process

If you have minor children and you separate or seek a divorce from your child’s parent, you will need to decide who will have custody of your children and how they will be taken care of. Although there are specific legal definitions, in short “Custody” means:
Who your child will live with and where (“physical custody”)
Who [...]

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Nov
13
2009

Transmutation of Community Property for Estate Planning Purposes

Two recent California court decisions have held that once a spouse has transmuted his or her separate property into community property, then that property is permanently considered community property, regardless of explicit language in the transmutation agreement to the contrary.
In both Marriage of Holtemann and Marriage of Lund, a husband agreed to transmute his separate [...]

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Nov
13
2009

Recent Developments Re: Domestic Violence Restraining Orders

In the recent case of In re Marriage of Nadkarni (173 Cal. App. 4th 1483), Husband accessed Wife’s private email account during a custody proceeding to find out information about her whereabouts; he then attached emails to pleadings filed with the court and alleged that he obtained other information that was inflammatory and sensitive that [...]

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Nov
3
2009

10 Tips for choosing a Guardian

Choosing a guardian for your children is one of the most important estate planning decisions you and your spouse can make. Without a guardian, the court will choose one for you if you and your spouse die unexpectedly. This is a big motive for you to choose and have the say in who will care [...]

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