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Father’s Custody Rights in California

When it comes to children and their parents, parents have legal rights to have a relationship with them. This right is usually enforced by California state laws, and these laws see that both moms and dads have an equal chance at a relationship with their kids. California laws have also been put in place so that the court system or other government agencies will not be allowed to interject in a parent and child relationship unless absolutely necessary to protect the child. When it comes to a California father’s rights or child custody cases, California family law courts use the best interests of the minor child as the standard.

Effects of a Father in a Kid’s Life

The mother has often been viewed as the primary provider and most important figure in a kid’s life. More recent studies have shown that a father or father figure also has a profound effect on kid’s upbringing as well as their development emotionally. Most fathers are known as capable caregivers and effective disciplinarians. A father’s involvement in a kid’s life is key to how this child develops social skills, language skills and also affects cognitive development. Fathers who are supportive and loving have been shown to have a positive effect on a kid’s life.

Establishing Paternity in the State of California

When it comes to establishing a father’s paternity, it means either a child’s parents or the government has determined that a specific male individual is the kid’s father. In some cases, California law assumes the identity of the child’s dad, such as:

-When a kid is born into a marriage and the mother’s husband is considered the kid’s father.

-When a kid is born and a male has been living with the kid’s mom  in a family-like manner, has demonstrated a commitment to the kid, and is considered to be the kid’s father even if he is not the biological dad.

-When these two circumstances aren’t present, the kid’s paternity needs to be established.

Click here to learn whether children have a say in child custody arrangements!

The best way for parents to establish the child’s paternity is by signing a voluntary declaration of paternity. When a woman who is not married gives birth in a medical setting, the medical providers at that facility must provide her and the alleged father information on signing this voluntary declaration form. When this form is signed, both of the parents acknowledge they are the kid’s parents, and the dad’s name is legally added to the birth certificate. When this is complete, the dad assumes all rights and responsibilities to that child.

If kids in question are under the age of twelve, they may or may not be considered a party in this paternity action case. But if children are over the age of twelve, they will be considered a party in this case. In both circumstances, the court might appoint a representative for the kid, which is usually referred to as the guardian ad litem. This person appears in court on the kid’s behalf to represent what is ultimately in the kid’s best interests.

Do you have a question about child custody laws? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

Do Children Have A Say In California Child Custody Arrangements?

No one enters a marriage thinking it will end in divorce. That unfortunately often becomes a reality. A divorce is a tough time for all who are involved, especially when kids are involved. Each parent contributes to the well being of their child. While one parent might be the primary caregiver, the other parent might be the financial provider. Each of these positions is essential in raising a happy and healthy child. Sometimes help from a great attorney is just as important to your personal happiness and health. Do not go through this divorce alone. Having an attorney to represent you is critical. The courts will have a better understanding of your views and contributions once your lawyer builds your case. You should  avoid costly mistakes by allowing our professionals to protect your rights and advocate for the best interest of children.

At what point does the court take the requests of children in mind? A child might prefer the notion of living with one parent or the other after a divorce. But is it healthy or fair to include the child in an often painful and ugly divorce? Divorce cases tend to be very emotional, especially for the children. Should a child witness the anger and oftentimes cruel behavior of their parents during these family law trials? The answer is only “sometimes.”

A Child’s Rights

The state of California has a lot of laws in place to protect the interest of children during a divorce. The court aims to let the child to receive financial support from both parents and provide joint custody unless this is not an option. It is the responsibility of the parents and the court to choose the best interest of children and ensure they are getting adequate support in a stable environment after the divorce. 

Children of course love their parents. They want to make their parents happy with them. But this becomes difficult when kids are in the middle of a messy divorce. Parents oftentimes have disagreements determining custody, child support and visitation,. These changes are already confusing enough for children, but forcing them to choose sides only causes them unnecessary guilt and stress.California laws are very careful to obtain the information they need without further harming the child.

At what age could the child speak for himself/herself?

While no law permits the child to decide their custody status, many California courts believe  fourteen years of age is old enough to express themselves and the reasons why they would prefer one parent over the other. But the courts also take into consideration that the teenage years are often challenging and a child might display bad behavior to cope with a divorce.

Click here to learn who keeps the car in a divorce!

What if the young child wants to live with one parent over the other?

In a case where a child is young, the courts need to intervene. Children usually function on emotion. They might say they want to live with one parent instead of the other for reasons that have everything to do with the parents and not a lot to do with the child. 

Do you have a question about child custody? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

 

What to Know About Divorce Laws in California

Navigating through a divorce can be a challenging and stressful procedure. There are a number of laws in the state of California that deal with divorce, and many of them can have a lot of information for you to digest.

People often wonder how they can make divorce proceedings as stress-free as possible while retaining control over their finances. Here’s a few key elements to keep in mind when it comes to the different divorce laws in California.

State law lays out a few rules for eligibility. At least one of the spouses in a divorce must have lived in California for at least six months. Additionally, one of the spouses had to have lived in the country that the divorce is being filed in for three months before actually filing. All divorce proceedings in the state must be filed through the specific county, not with the state at-large.

When it comes to divorce in California, the law regards each of them as no- fault. This means a person does not have to give a reason or otherwise prove how they were wronged by the other party while filing a divorce proceeding.

Judges in the state do not look at fault when it comes to splitting property and otherwise figuring out child support. This means actions like adultery by one spouse will not come into consideration by a judge during a legal ruling.

Click here to learn these 7 steps to avoid business fraud!

There are a few steps for getting divorced in California. This process can be long because there is a six-month period between the initial filing and finalization that is mandatory.

One of the spouses can start the process by filing in the proper county superior court. Whoever files must give the other spouse copies of the divorce petition and any additional information.

After this, there are a few different avenues. Spouses who work together easily can often come up with plans for property division and child support without the help of lawyers. Otherwise, spouses can go into mediation to get some outside help for when it comes to splitting property.

Mediators can be a big asset when it comes to working through tough situations. Otherwise, the most expensive option is a divorce trial. This means both sides hire lawyers and then a judge will have the final say when it comes to the terms of the divorce. This process can be very messy and time-consuming.

California is a community property state, so two people in a marriage are considered as a single entity when it comes to owning property. This means both assets and debts are community property.

Spouses in a divorce can either decide on their own how to split community property, work with a mediator, or go to a judge and have them decide in court. An appraisal might be necessary to assign value to property so it can be divided between two people.

If spouses do not want to figure out what pieces of property go to each person, they can also arrange where one party ‘buys’ the other out on different pieces. Alternatively, some choose to just sell all property and then divide up the assets accordingly. Sometimes, couples with children decide to retain joint property over something like a family home so their children can have access to it.

Overall, the divorce process in California can be a time-consuming affair. A good lawyer is a useful advocate to have during a case since they can help navigate people through the different divorce laws and offer input as to the best course of action.

Do you have a question about divorce laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

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6 Reasons a Parent May Lose Custody of a Child

There are a number of reasons a parent might lose custody of a child. Some might be pretty obvious, while others may be a bit more surprising. In general, a parent will lose custody of a child in cases of abuse, neglect, or other findings related to domestic violence.

Here are six different reasons a parent might lose custody of a child.

Abuse: One of the most common reasons a parent loses custody is due to abuse. There are a variety of types of abuse. One is physical, which can lead to burns, wounds, and scars. Often, abusers will use their hands or other objects to cause injury to a child.

No matter the jurisdiction, the law is very clear. Abuse that is reported to the proper authorities is a legitimate reason for a parent to lose custody. Oftentimes, parents who have been convicted of child abuse can lose both physical and legal custody of children and might have their parenting time severely limited, or even cut off entirely.

Click here to learn facts about child custody agreements!

Abduction: Those who choose to abduct a child can also lose custody depending on the case and where the crime took place. Some parents who choose to abduct their children can lose legal or physical custody of them depending on the circumstances.

False Allegations: Even though abuse is a well-known way to lose custody of a child, false allegations of abuse can also lead to a loss of custody. A parent that knowingly lies about allegations of physical or sexual abuse can lose custody, depending on how serious the allegations are.

This is a serious issue because the law is very clear on punishing people who try to interfere with the other parent’s lawful contact with their children by making allegations of abuse. Courts have no problem taking custody away from a parent that makes false allegations to protect the health and safety of the children involved.

Neglect: Neglect is another reason a parent might lose custody. This type of abuse centralizes around a failure to act where a child might not be getting the food and care he or she needs. Parents can lose custody by neglecting their children if a court finds the child was endangered in any way, especially if the neglect is ongoing. However, neglect can be hard to prove since it can be difficult to pick up on unless someone regularly sees the children.

Domestic Violence: Domestic violence can lead to a parent losing custody of a child if the court finds it appropriate. This topic is pertinent because it usually comes up in a family law case where questions about abuse and neglect of a child are already present.

Violation Of Custody Orders: Violating orders related to the custody of children can also be a way to lose further custody, depending on the actual mechanics of the case. Violations of these types of orders can be very mundane, like being late for an exchange, to something more willful, like making a decision without talking to the other partner.

Do you have a question about child custody in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

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What is a Child Custody Agreement?

Families that have everything planned out for them and are living the good life with their kids together under one roof feel that they may never need to learn about custody agreements and visitation schedules. But the issue is that these divorce is real and can happen to your family.

One thing spouses always need to know when getting into any commitment, especially marriage, is that anything can happen. Two partners will either stay together and happily, or things might go south and end in divorce. In most cases, children are involved.

When children are involved, one partner is going to have primary custody of them, and the other parent will have scheduled visitation rights or even have the children visit from time to time depending on the relationship of the partners after the separation.

In situations that involve mental health and or domestic violence, however, this status doesn’t apply. In general, if the spouse who doesn’t have custody over the children is reasonable, of sound mind, and is actively involved in their children’s lives, then the separated parties can come together and have a child custody agreement.

Reaching an agreement with the other partner can help you gain some form of control over the whole process. The best first step here is to prepare a visitation schedule. This will definitely help the two of you to build a healthy co-parenting relationship and allow your children to still be part of both of your lives without much stress from either of the separated spouses.

Most people usually think that having a judge decide your case is always the best option. But it isn’t. in fact, litigation needs to be your backup plan only if agreements between you and your separated partner isn’t possible. Courts can end up damaging any chance of having a good co-parenting relationship as revelations and tempers can end up flying back and forth.

Child Custody Agreement

There are three terms in a custody agreement: legal custody, visitation schedule, and physical custody. The agreement of any situation here needs to be in writing and filed by the court so as to ensure that the court order is enforced. In most situations, signatures are needed to make the agreements notarized.

Legal Custody

This has to do with the parent who will be making all of the parenting decisions on matters relating to the children’s health, welfare, and education. A joint legal custody can also be agreed upon which allows both parents to have equal rights to make such decisions about their children.

Physical Custody

This type of custody deals more with which household the children are going to primarily live in. Joint physical custody can also be agreed upon in situations where both parents will be having equal times with the kids in their homes. But in cases where the children only live with one parent and only visit the other occasionally, it is referred to as sole physical custody.

Visitation

In some situations, a visitation plan may need to be generated and agreed upon by both parents. Visitations can be every day, holidays, vacations, special days, etc. It is also important to note that each of these categories is considered separate even though they relate to one another.

Do you have a question child custody agreements? Click here to contact Von Esch Law today!

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How Does Age Play a Role in Child Custody Cases?

Parents dealing with child custody issues oftentimes wonder if the court takes age into consideration when deciding. Here is a break down of child custody rules by age.

Age 0-2

When it comes to infants and toddlers in this age group, the separation time from both parents should be very small. This will help reduce the child’s anxiety and maintain the bond between both the child and parents. The implication of extended separation time with children in this age group is related to the lack of long-term memory. An infant or toddler could lose an attachment with a parent fast if there is not a consistent and frequent level of contact. Contact days between the noncustodial parent and child needs to be consistent.

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Guide to California’s Child Support Laws

What is the purpose of child support laws?

The California Family Code 4053 lays out this answer pretty well. This code teaches that the parent’s first and most important obligation is to support their child. This obligation is mutual and based on ability, a mother and father’s income and time with the child should be consistent with the child’s best interest. A child should share in the standard living of both their mother and father. Child support might improve a custodial parent’s standard of living because it would improve a child’s standard of living, meaning that it also reduces the disparity of a mother and father’s standard of living.

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3 Ways to Keep Your Child Custody Case Civil

Child custody cases can be some of the most trying times of an adults’ life, but often times it’s much harder for your children. When entering into mediations, it’s important to remember why you want to be with your kids, and take an honest look at whether this is going to benefit the children or you more.

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Top 6 Myths About Divorce

Divorce is a difficult situation for all parties involved because it can take time, money and an emotional toll. Divorce can get especially complicated if there are children involved and custody becomes an issue as well. If you or a family member is going through a divorce make sure to take note of these myths about divorce that can seriously change a situation if you believe them to be true.

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4 Ways to Protect Your Children During a Divorce

A divorce is difficult for any family, especially when there are children involved. Family law can be a difficult subject which is why you want the best attorney who understands your situation and can be sensitive to your family’s needs. Our attorneys are experienced and knowledgeable about the intricacies of family law cases and can help you! If you are currently dealing with a divorce, take a look at ways to protect your children during the process!

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