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Myths of Family Law

Here are some common misconceptions of family law.   1. I owned the house before we were married, so I get it.   It is possible that a house purchased before marriage will remain the property of the purchaser, but there are a lot of things that can change that. If the parties refinanced the house during the marriage, there's a good chance the house is now community property. Also, if there was a mortgage that was paid using community funds, then the community may have an interest. There are quite a few other ways that the property may not go completely, or at all, to the person who originally purchased it.   2. I pay a lot for my mortgage, so I'll get a break on my child support. This is not only untrue, but the reverse is usually true: paying a big mortgage can raise your child support payments! That's because child support is based...

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Links

Google California Law Alameda County Court Santa Clara County Superior Court Santa Clara County Bar Assn LA County Bar Assn California Courts Home Page. Rules and Forms, links to all state courts, and more. ...

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Recent Developments

What's new!   1. Multiple parent law.   Gov. Jerry Brown has signed legislation allowing children to have more than two parents.   Senate Bill 274 authorizes a court to recognize more than two parents if endorsing fewer would be "detrimental" to the child. The bill that Brown vetoed last year would have provided judges the authority to identify multiple parents if doing so was "required in the best interest of the child."   Sen. Mark Leno, D-San Francisco, stressed that his measure applies only to families with more than two people who meet the state's definition of a parent. It does not apply to stepparents, grandparents, girlfriends or caretakers. In an interview, Leno said he expected the law to be used sparingly, such as when a child could be at risk of unnecessarily entering the foster care system. "The bill in its essence merely allows for greater judicial discretion," Leno said. "It's really about the child and...

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Professor Cook

Professor Cook is here to help.   Andrew Cook is a Professor at Lincoln Law School of San Jose. Teaching law is a great way to keep sharp, and an excellent way to give back to the communmity.   1. Advanced Legal Writing. This class is taught in the spring, and is designed to improve the writing skills of fourth year students prior to taking the bar exam.2. Bar Review. This helps students review what they have learned and prepare for the Bar Exam. Many students have become attorneys are are now practicing attorneys.   3. Tutor. Andrew Cook has helped many students pass the bar exam, by providing one-on-one assistance....

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Domestic Partners

Domestic Partners can face the same issues that married people can face, and have unique problems as well.   California recognizes domestic partnerships in a way that is mostly like a marriage.  Dissolution of a domestic partnership is much like that of a marriage, but there are also special issues faced domestic partners.  We can help you understand those issues, and navigate through the problems.   1. California now allows same gender couples to be married. When they do, they are treated by State law, just as if they a same gender couple. Federal law, is rapidly changing to treat same gender marriages as any other.   2. Domestic Partnerships, however, still remain a part of California Law. Domestic partnerships need to be properly formed, or the rights of the parties to community property could be in Jeopardy. Also, Federal government does NOT recognize registered domestic partnerships as marriages.   3. Children. If you and your Domestic want...

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Moveaways: Do you Need to Relocate?

Frequently after a break up, one party will want to move out of the area. This is especially true if they have family in a different part of the counrty.   1. If you desire to move your children out the area, you'll probally need to modify your visitation orders. You ex might oppose this, especially if they want to stay physically close to the children. Or maybe they'll oppose it as means of trying to control you. The first thing you'll need to establish is that you're moving for a good reason. Work, family, a place to live, are all good reasons.   2. After that, the primary focus will be the best interests of the children. There a a lot of factors to determine this, and if the other partent doesn't agree with the move, a professional evaluation may be needed.   3.  You'll need to build your case for your poistion regards the...

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