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David E. Castro
About | Practice Areas
Law Office of David E. Castro
4970 Rocklin Rd Suite 300 Rocklin, CA 95677» view map
Accident & Injury Law
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The Law Office of David E Castro is a multi-specialty law practice that provides compassionate, individualized, and aggressive legal counsel.

800-745-0730
1. David E. Castro Rocklin, CA
  Attorney at Law - CA, 2014
  Florida Coastal School of Law
2. AboutLaw Office of David E. Castro
  Your Local, Legal Professionals
3. Practice AreasExpertise
  Accident & Injury Law
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Includes: Guardianships & Conservatorships, Custody & Visitation

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LEGAL TERMS

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

DEPENDENTS BENEFITS

A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)

A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.

ADOPT

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative bo... (more...)

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative body may adopt a law or an amendment, a government agency may adopt a regulation or a party to a lawsuit may adopt a particular argument.

GUARDIAN

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a '... (more...)

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a 'guardian of the estate.' An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a 'guardian of the person.' Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.

FITNESS

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives i... (more...)

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives in evaluating their fitness to adopt a child, including financial stability, marital stability, career obligations, other children, physical and mental health and criminal history.

ALIMONY

The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of lo... (more...)

The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (ten years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation that the recipient spouse will become self-supporting. Alimony is also called 'spousal support' or 'maintenance.'

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

PATERNITY SUIT

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... Generally, due process requires some showing of parental unfitness before rights are terminated, to protect the parent's fundamental interest in child custody. ... But this is not a case in which the unwed father at any time had, or sought, actual or legal custody of his child. ...

In re Angel L.

... The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA; Fam. ... As it read in 1996, the UCCJA provided that a court competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if "[t]his state ... ...

In re SB

... [5] Form JV-135 was entitled "NOTICE OF INVOLUNTARY CHILD CUSTODY PROCEEDINGS FOR AN INDIAN CHILD." The use of form JV-135 was mandated by the Judicial Council for notice to Indian tribes of proceedings involving the custody of Indian children. ...

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