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    College Student Gets Restraining Orders Against 'Helicopter' Parents

    Last updated 3 years ago

    When a child moves away to attend college, it can be a difficult transition for both the child and parents. But when does concern for your child cross the line? It can be difficult for some parents to tell when they are going too far.

    This ABC News video tells the story of one college student, Aubrey Ireland, who got a restraining order after claiming that her parents had gone from ordinary concern to outright stalking. Aubrey is a 21-year old theater major student who is an only child. She argued that her parents dictated her nearly every move and that they had even installed monitoring software on her phone and computer. Pursuant to the court order, her parents are now required to stay at least 500 feet away from Aubrey.

    As this example demonstrates, family issues can be complicated and emotionally taxing. If you are struggling to resolve an issue, you can contact Moreno Family Law by calling our San Jose office at (408) 266-9011.

    A Brief History of No-Fault Divorce in America

    Last updated 4 years ago

    California law provides for no-fault divorces. This means that the spouse seeking a divorce does not have to prove that the other spouse did anything wrong or that there were specific circumstances which led to the divorce. However, this has not always been the case.

    California was actually the first state to sign a no-fault law into effect, which was done by Governor Ronald Reagan in 1970. Prior to that time, divorces could only be obtained when one party could show that the other spouse had done something wrong. Commonly pleaded examples included stating that the other spouse had committed adultery, committed a felony, or abandoned the marriage and the filing spouse.

    To learn more about divorce in California, please do not hesitate to call Moreno Family Law in San Jose at (408) 266-9011. We specialize in family law and can help you with your divorce, child custody, or support case.

    Harassment and Restraining Orders: Defining Stalking

    Last updated 4 years ago

    Stalking is a crime of power and control and is often committed by someone the victim knows, whether it is an acquaintance or someone with whom the victim has had a relationship. The Centers for Disease Control and Prevention reports that one in six women and one in 19 men have been stalked at some point in their lives.

    According to the Department of Justice, stalking involves conduct toward another person involving repeated “visual or physical proximity, nonconsensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” Stalking can include sending or leaving the victim unwanted items or presents, following the victim, lying in wait for the victim, defaming the victim’s character, harassing the victim online, and a host of other actions.

    Have you been the victim of stalking? Contact an attorney at Moreno Family Law to learn how we can help you recover peace of mind. For information about our services, visit us online or call our San Jose office at (408) 266-9011.

    The Basics of Adopting a Stepchild in California

    Last updated 4 years ago

    Adoption is the legal process that creates a parent-child status between two parties. The process provides adoptive parents and children with the same rights and obligations as biological parents and children. Continue reading to learn about the basics of adopting a stepchild in California.

    Legal Implications

    Before making the decision to adopt a stepchild, it is important to understand all of the legal implications that are associated with adoption. If you are a stepparent looking to adopt, you should know that the legal parent-child relationship will be severed with the other biological parent. That parent loses all rights and responsibilities for the child, and you will acquire these same obligations. Adoption is permanent, and it generally cannot be revoked or nullified. Your rights and responsibilities will not end if you and the child’s biological parent divorce.

    Legal Requirements

    There are a number of requirements you must be able to meet before proceeding with a stepparent adoption. First, you and the legal parent must be married or in a domestic partnership that is registered with the state. There are limited exceptions to this requirement, and you will need to seek the assistance of an experienced attorney. In addition, as the adopting parent, you must be at least 18 years old and must also be at least 10 years older than the child. Finally, you must obtain the consent of several people. This list includes the child if he or she is 12 years or older, your spouse or domestic partner, and the child’s other legal parent.

    If you are interested in adopting your partner’s child, contact Moreno Family Law. Our family lawyers can answer any questions you may have and guide you through the adoption process. Call our San Jose office today at (408) 266-9011 to schedule a consultation, and click on the link to go to our website if you would like to read more about our services.

    How Prenuptial Agreements Play Out in Divorce

    Last updated 4 years ago

    A prenuptial agreement, often referred to as a prenup, can help you simplify what could otherwise be an extremely complicated divorce. The agreement will generally outline what property and financial matters will be decided upon divorce.

    As this video explains, the key to a prenuptial agreement is whether or not it is enforceable. Each state has its own laws that govern the validity of prenuptial agreements. For example, California requires that an agreement be completed in writing and signed by both parties. If an agreement is obtained through fraud, duress, or nondisclosure of material facts, or if it is unconscionable, a court may disregard the agreement.

    It is important to understand that an agreement is not necessarily set in stone and that your prenup may be subject to the review and interpretation of a judge. To speak with a family lawyer in San Jose, call Moreno Family Law at (408) 266-9011.

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