Move Away Orders

One of the most challenging issues that arise involving child custody and visitation orders post separation has to do with “move away orders.” This occurs when one parent wants to move with a child (or children) to a geographic location that would upset the balance of the existing custodial and/or visitation situation. This article will discuss the law applicable to move away orders, and the factors considered by the court when issuing these orders.

In general, a state may make a custody decision about a child if any of the following applies:

  1. The state is the child’s “home” state;
  2. The child has significant connections with people in the state;
  3. The child is in danger of abuse in the other state or being abandoned in the home state;
  4. No other state has made a custody decision.

In California, move away orders are governed by the California Family Code and applicable caselaw. California Family Code Section 3020 provides as follows:

(a) The Legislature finds and de...

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Here is a short but surefire list to help keep your child happy following a divorce or separation.

1. Be On the Same Page: Both coParents should be on the same page and consistent with what is permitted and not; scheduling; activities; planning and more. This allows for a smoother life, overall. Be consistent on everything you do, especially on rules. It will decrease stress and not put one parent against the other. You should both stay consistent with the same methods and this also goes for the nanny, babysitter or grandparent.If one parent allows the child to do an activity, then the child will go in that direction and not learn to take responsibility.

2. Act and Speak Age Appropriately: Try not to speak down to your child. This means to...

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Linda Lindsey
January 23, 2017

Date of Separation in California

What is the legal “date of separation” in California, and why is it important for divorcing
couples? The date of separation generally refers to the date the couple’s marriage “ended”, and
is used to determine property rights and spousal support.

Impact of Date of Separation

California Family Code Section 760, defining community property, provides, “Except as
otherwise provided by statute, all property, real or personal, wherever situated, acquired by a
married person during the marriage while domiciled in this state is community property.”

California Family Code Section 770 defines separate property as follows:

Separate property of a marr...

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*Ran in January 2012 in a local newspaper, Yes We Can.


The current economic environment has had a negative impact on many individuals and families. Events such as: loss of a job, reduction in work hours, and business slow down have caused many to suffer financial hardships. When faced with the choice between paying credit cards and buying food, the credit cards don’t get paid. Before you know it, THE BILLS ARE TOO MUCH AND YOU DON’T KNOW WHAT TO DO!Well, there is an answer. Consider filing for bankruptcy. Yes, I said bankruptcy! Federal laws govern bankruptcy and a fundamental goal of the bankruptcy laws is to give ...

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In June, 2008, the Supreme Court of California ruled that a law prohibiting same sex marriages was a violation of the California Constitution. Almost immediately after this decision, many same sex couples were married and received marriage licenses in California. However, this did not last, because the citizens of California approved Proposition 8 in November, 2008. Proposition 8 approved an Amendment to the California Constitution, banning same sex marriages. (This left many same sex couples in legal limbo, because it was unclear if their marriages were still valid in California.) It also halted any new same sex marriages until 2013.

A lawsuit challenged Proposition 8, asserting it violated the United States Constitution. (Hollingsworth...

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