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Swanson O’Dell

From The blog

Step-Parent Adoptions

“Step-Parent Adoptions” Step parent adoptions are fairly common in California, and generally occur when a step-parent has become a parental figure to their step child, usually from a pretty young age. There are specific forms in California to file for step parent adoptions, which start the court process. One of the main concerns in step-parent adoptions is a report that is generated by family...

“My Ex Works For Cash To Avoid Child Support: What Can Be Done?”

“My Ex Works For Cash To Avoid Child Support: What Can Be Done?” When someone works a cash job and claims no income, it can present two distinct problems related to child support: how do you get support ordered in the first place, and how do you get paid once it is ordered? As to the first issue, there are really two ways to go about getting support ordered. Neither is perfect, but they are...

“Resources For Alternative Discipline Methods”

“Resources For Alternative Discipline Methods” This post is a follow up top my previous post regarding the legalities of spanking in California, which can be found here: http://swansonodell.sitesdev.net/2016/05/04/is-spanking-legal-in-california/ If you find yourself in a situation where spanking must be replaced with other discipline methods, either by court order or as a preventative measure,...

“Is Spanking Legal In California?”

“Is Spanking Legal In California?” Yes, spanking is legal in California, but it does come with some risks in California, particularly in contested and contentious family law cases. Parents often have different views of spanking, and can complain to the court if they feel there is inappropriate discipline. Reports can also be made to law enforcement, which can have adverse consequences. The...

“My Ex Didn’t Respond To My Divorce Petition: What Next?”

“My Ex Didn’t Respond To My Divorce Petition: What Next?” In California, after normal service of a Petition and Summons, an opposing party has thirty (30) days to file a Response. (There are slightly different rules for situations where someone is sub-served at their address, but those cases are less common.) If a Response is not filed, your case will not automatically progress to judgment and...

“Does California Have Stepparent Visitation Rights?”

“Does California Have Stepparent Visitation Rights?” In the past, the answer to this question has been no. However, under the new Family Code Section 3100 et. seq. rules, there can be a right of stepparent visitation with VERY significant limitations. First, there must be a showing that the visitation would be in the best interest of the child. Second, the of Troxel v. Granville (2000) 530 U.S....

“Can My Ex Have A New Partner Talk To Me About Our Kids?”

“Can My Ex Have A New Partner Talk To Me About Our Kids?” One of the most touchy areas in a family law case can be when one parent has a new partner who becomes part of the communication and parenting process. In a perfect situation, this can be a good thing: a step-parent can help with communication, transportation, and providing a stable home environment. I have seen quite a few situations...

“When Can Parental Rights Be Terminated In A Family Law Case?”

“When Can Parental Rights Be Terminated In A Family Law Case?” An unfortunately common situation arises when one parent has not been present in a minor’s life for a long period of time, and the custodial parent wishes to terminate parental rights. There can be good reasons for doing this, such as the stability of the minor who deserves better than to have a parent coming in and out of their life...

“Does California Have Grandparent Visitation Rights?”

“Does California Have Grandparent Visitation Rights?” Grandparent visitation rights are one of the most complicated and hotly contested areas of California family law. The short answer is that yes, such rights exist, but that there are limitations and restrictions and the law has changed several times in the recent past. The rules for visitation are found Family Code Sections 3100 through 3105....

“My Ex Is In A New Relationship: Is It Okay To Have That Person Around Our Children?”

“My Ex Is In A New Relationship: Is It Okay To Have That Person Around Our Children?” This is one of the thorniest issues in family law. Not only do new partners tend to inflame feelings and disputes over parenting and other issues, but they can also create problems for the children during visitations and custodial time. The general rule is that the court will not interfere with the introduction...