The Mellor Law Firm, APLC

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Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.

February 11, 2016 by

Mental Examination for child plaintiffs

The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.

Filed Under: Appellate Law News, Children Law News, Legal News Tagged With: § 2032.020, 196 Cal.Rptr.3d 317, 243 Cal.App.4th 138, CCP § 2032.020, Civ.Proc., Civ.Proc. § 2032.020, Code of Civil Procedure section 2032.020, section 2032.020

“Tired Mothers Find That Spanking Takes Less Time Than Reasoning And Penetrates Sooner To The Seat Of Memory.” — Will Durant.

January 5, 2016 by

child abuse

A mother of two children, one born in 2007 and the other in 2010, disciplined the children “by making them do chores, by scolding them verbally, by denying them privileges. . . and by threatening to spank them. On rare occasions when these techniques did not work, she would spank the children on the buttocks with her bare hand or with a sandal.

Filed Under: Appellate Law News, Children Law News, Legal News Tagged With: 242 Cal.App.4th 634

Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda rights

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

Condition Of Probation For Juvenile Overbroad.

December 28, 2015 by

Probation for juveniles

A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition […]

Filed Under: Appellate Law News, Children Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: 242 Cal.App.4th 104

Similar Case.

December 15, 2015 by

child support

In this case, the 24-year-old son has Tourette’s syndrome and attention deficit hyperactivity disorder, which make it difficult for him to focus on a task. The evidence on his employability, however, is sparse. The trial court found the “child” lacks sufficient means, and even if he could obtain minimum wage work he could not reach his parents’ standard of living.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910, 241 Cal.App.4th 1277, Fam.Code § 3910, Family Code section 3910, section 3910

Failure To Launch.

December 15, 2015 by

child emancipation - family law attorney

A man’s child was emancipated when he turned 19 years old. The son was diagnosed with attention deficit hyperactivity disorder, psychotic disorder, oppositional defiance disorder and cannabis abuse.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910(a), 194 Cal.Rptr.3d 252, Cal.App.4th 934, Fam.Code § 3910(a), Family Code section 3910(a), section 3910(a)

Order Changing Custody Of Children Reversed.

August 20, 2015 by

Custody

The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the […]

Filed Under: Appellate Law News, Children Law News, Family Law News, Legal News Tagged With: 188 Cal.Rptr.3d 432, 237 Cal.App.4th 894

Think Of The Children — The Coogan Law.

July 27, 2015 by

Coogan law

The Coogan Law was enacted in 1938 [now Family Code section  6750 et seq.] in response to the childhood star Jackie Coogan’s plight. Even though he earned millions as a child, Coogan was surprised to find out that when he reached adulthood that he was flat broke, because his mother and stepfather spent all his […]

Filed Under: Appellate Law News, Children Law News, Legal News, Trustee Law News Tagged With: § 6750, 186 Cal.Rptr.3d 434, 236 Cal.App.4th 217, Fam.Code § 6750, Family Code section  6750, section  6750

Has The Law Caught Up With Science?

July 27, 2015 by

DNA paternity testing

Probate Code section 6450 governs the relationship of parent and child, stating in part, “for the purpose of determining intestate succession,” the “relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.” Under Probate Code section 6453, subsection (b), subdivision (2), a […]

Filed Under: Appellate Law News, Children Law News, Legal News, Probate Law News Tagged With: § 6450, § 6453(b)(2), 186 Cal.Rptr.3d 321, 236 Cal.App.4th 127, Prob.Code, Prob.Code § 6450, Prob.Code § 6453(b)(2), Probate Code, Probate Code section 6450, Probate Code section 6453, section 6450, section 6450 subsection (b) subdivision (2), subdivision (2)

“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.

May 6, 2015 by Leave a Comment

By statute, a person is presumed to be the natural father of a child if he shows by a preponderance of the evidence that he received the child into his home and openly held the child out as his own. [Fam.Code § 7612 (a).] Here, the mother conceived the child through artificial insemination by an […]

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News

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Recent News

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

Understanding the Statute of Limitations for Wrongful Death Claims

March 31, 2025 By Mark Mellor

Losing a loved one is one of the most difficult experiences anyone can endure. When their passing is due to someone else’s negligence or misconduct, the pain can be compounded by the need to pursue justice. However, the law grants only a limited amount of time to take legal … Read More...

From Quitclaim to Warranty: A Look at Property Deeds

February 19, 2025 By Mark Mellor

Whether you're buying your first home or transferring property to a family member, understanding property deeds is critical. These seemingly simple documents are the backbone of every real estate transaction, ensuring legal ownership and protection for all parties involved. But … Read More...

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10.0Mark Albert Mellor

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