The only statute which is directly relevant to date of separation does not concern the date of separation as the main thrust of the statute. Family Code §771 states: “The earnings and accumulations of a spouse and the minor children living with, or in the custody of the spouse while living separate and apart from the other spouse, are the separate property of the spouse”. However, there are three California cases, two major, which provide important law and useful factual analyses on determination of date of separation. Those cases are In Re Marriage...
The leading case governing grandparent visitation and the rights of third parties seeking visitation is the U.S. Supreme Court case of Troxel v. Granville (2000), 530 U.S. 57. In Troxel, the unmarried parents of two girls stopped living together in 1991. Father moved in with his parents (the Troxels). Understandably, the children visited often with the Troxels when they were visiting with their Father. Father committed suicide in 1993. After Father’s death, Mother limited the children’s visits with the Troxels to one short monthly visit. The Troxels...
