Articles Posted in Dating and Divorce

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Presumed Paternity Versus Alleged Paternity in California

Presumed Paternity Versus Alleged Paternity in California

Granting parental rights in California doesn’t always involve just biological parents. Fathers, non-biological parents, romantic partners, or spouses of a child’s biological parents may have a claim to parental rights. Legal issues involving children and their care are some of the most sensitive and complicated cases dealt with in courts, and the counsel of an experienced San Diego family law attorney is important for your interests.

There are obvious legal advantages to being the biological mother in a parentage case. The connection to the child is easily documented and irrefutable. However, confirming the father’s paternity stake may require additional legal work.

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How Is Pet Custody Determined in California Divorces?

How Is Pet Custody Determined in California Divorces?

Pets are an important part of so many people’s lives. It can be hard to fathom that so many states still treat them the same as community property, with no familial rights whatsoever. California took action to stand out in that regard in 2019 by passing AB 2274. This bill allows a party in divorce proceedings to request consideration of a pet animal’s care for awarding of sole or joint ownership.

For this law, care can include the prevention of harm or cruelty, providing food and shelter, or arranging veterinary care. Those tasks are not exclusive to providing care but serve as a broad baseline for the court to consider.

The law also does not specify specific animals that can serve as pets. Any animal that is community property for the couple and has been a pet in the household or a companion animal can be considered subject to this statute.

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Custody and Visitation Rights of Grandparents

Custody and Visitation Rights of Grandparents

When a divorce involves children, the process to determine custody, visitation, child support, and other important matters that directly impact both the parents and the children is complex. Sadly, the impact of a divorce can spread beyond the immediate family. If grandparents want to seek legally guaranteed visitation or custody, they should consult a San Diego attorney with advanced knowledge of California family law.

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Tips for Developing Your Prenuptial Agreement in California

Tips for Developing Your Prenuptial Agreement in California

Prenuptial contracts have something of a bad reputation, typically because most people view the suggestion of a prenuptial agreement as a sign of lack of faith that a marriage will last. While it’s true that a prenuptial contract can act as a blueprint for a future divorce, it can also provide substantial economic benefits to both spouses, effectively insulating them from one another’s debts and financial obligations. In addition, some people believe that prenuptial contracts are only necessary for very wealthy people; the reality is that this type of contract can offer significant legal protections to anyone.

If you have reservations about asking your spouse-to-be to consider a prenuptial agreement, it’s essential to understand what your agreement can include and the benefits of drafting one collaboratively with your partner. When done correctly, creating a prenuptial contract can yield strong financial protections for you and your spouse and help you have difficult conversations before marriage, potentially bringing you closer as a couple.

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How Can a Parent Lose Parental Rights in California?

How Can a Parent Lose Parental Rights in California?

Child custody cases are some of the most emotionally challenging experiences in parents’ lives. The outcomes of these cases have undeniable effects on the lives of the children affected by them. If you face any child custody determination, a domestic violence case, or any other family law matter in which parental rights could be in jeopardy, it is vital to understand how these cases unfold and how a parent might lose their custody rights.

Whenever the court must rule on a child custody dispute, the judge is legally obligated to rule in favor of the best interests of the child their ruling affects. This may sound relatively open to interpretation, and every custody dispute will involve different issues. However, a parent may completely lose custody and parental rights over their children if the judge determines this would be in the children’s best interests.

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Your Options for Resolving a Contested Divorce in California

Your Options for Resolving a Contested Divorce in California

Divorce can be an extremely emotional and challenging process for anyone. Unfortunately, many divorcing spouses in California are not fully prepared for the legal challenges and emotional obstacles their cases present. While the divorce process may seem straightforward, it can involve countless variables based on the unique details of a case and the attitudes of the divorcing spouses.

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How Does a Postnup or a Prenup Affect Your California Divorce?

How Does a Postnup or a Prenup Affect Your California Divorce?

In the State of California, both prenuptial and postnuptial agreements are recognized, and couples facing divorce need to be aware of the role the agreement plays. Among the many factors they must consider is the fact that certain issues may render various clauses, or the whole document, unenforceable. Anyone going through a divorce must first determine whether their agreement is valid in court before they start determining its potential influence on spousal support, child custody, and property division.

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The Effect Social Media Has on Your Divorce Case

The Effect Social Media Has on Your Divorce Case

Social media has become a communication and marketing powerhouse that nearly everyone uses in some capacity. Some use social media apps to keep in touch with friends and family, while others focus on professional interests, but either way, it is vital to have a grasp of the potential consequences online posts can have on any legal case, including divorce.

Individuals who are facing any type of legal battle must be vigilant in avoiding any type of social media posts that may negatively affect the outcome of their case. It is easy to unintentionally post evidence on social platforms that expose contradictory information to their argument in court. Social media has been used in thousands of cases to defeat others in family court and various trials of all kinds, resulting in millions of dollars in lost settlements.

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How Do You Identify Emotional Abuse in Your Relationship?

How Do You Identify Emotional Abuse in Your Relationship?

When a spouse is emotionally or physically abusive to their partner, it is vital for the victim to acknowledge the harm they are suffering and seek help. However, that can be difficult to do, especially with emotional abuse, because there are no obvious scars for others to see. That also means those who care about the victim may not even realize there is a problem at home behind closed doors.

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How Does a Divorce Lawyer Help in Mediation?

How Does a Divorce Lawyer Help in Mediation?

It’s common for people to imagine emotionally charged court battles when they think of divorce, but the reality is that most divorcing couples in the US will avoid divorce litigation as much as possible in resolving their dissolution proceedings. Alternative dispute resolution has become the most commonly preferred method of resolving a divorce in California, with mediation being one of the most popular options. During divorce mediation, the divorcing spouses meet privately with a neutral mediator who helps them negotiate terms for their divorce and draft their divorce agreement.

Many people mistakenly believe that divorce mediation eliminates the need to hire a divorce attorney and that divorcing spouses can represent themselves in these proceedings. While it is technically possible to complete divorce mediation without legal counsel, this isn’t a good idea for several reasons. If you are planning to take advantage of divorce mediation in the near future, it’s vital to understand the value of legal representation and the role your attorney will play in this process.

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