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For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori
For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori
Loyola of Los Angeles Law Review
California law is fairly straightforward with respect to premarital agreements that seek to alter community property rights in the event of a divorce. But it is unclear and unsettled with respect to those agreements that seek to limit or waive spousal support. Although California prohibits courts from enforcing premarital waivers of spousal support if it would be unconscionable to do so at the time of enforcements, courts have not articulated a clear standard for what that means. California made its first attempt to do so in In re Marriage of Facter. This Article considers that decision in illustrating how current …
When It Comes To Parents, Three's No Longer A Crowd: California's Answer To In Re M.C., Jason De Jesus
When It Comes To Parents, Three's No Longer A Crowd: California's Answer To In Re M.C., Jason De Jesus
Loyola of Los Angeles Law Review
The California Legislature recently amended the California Family Code by granting courts the authority and discretion to find that a child can have more than two parents. This Article addresses the issues raised by this amendment, focusing on the rare instances in which rejecting a third parent's claim for custody would be detrimental to the child. By exploring public perceptions of multiple parentage and assessing recent cases highlighting the discretion courts use to find that a child has more than two parents, this Article concludes that recognizing that a child has more than two parents can protect not only the …