Articles Posted in Divorce and Children

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Commonly Overlooked Financial Issues in Divorce

Commonly Overlooked Financial Issues in Divorce

Divorce is likely to be one of the most challenging experiences you will ever endure, and it’s important to approach the situation as informed as possible about the obstacles you are likely to encounter. Divorce is more than just terminating your marriage contract; it is also the legal process of assigning individual ownership rights over the property and debt you and your spouse jointly control.

Navigating any divorce can be incredibly difficult, but this is especially true for cases that involve complex financial issues. Do not assume that if you are not wealthy, you will not face significant financial concerns in your divorce proceedings. The following are some of the biggest financial problems that catch divorcing spouses by surprise as their cases unfold.

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Reasons a Premarital Agreement Can Be Voided

Reasons a Premarital Agreement Can Be Voided

A premarital agreement might be a valuable option for those who have assets they wish to protect in the event of a divorce. It’s important to use a highly qualified San Diego family law attorney to make sure the agreement is prepared properly. Even with careful preparation, there are situations where an agreement can be voided.

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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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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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How Does the California Family Court Determine a Child’s Best Interests?

How Does the California Family Court Determine a Child’s Best Interests?

Whenever unmarried parents decide to raise their children separately or when married parents divorce, the parents must have legally enforceable custody orders that outline their respective parental rights and responsibilities. Regardless of whether the couple is married, they will need to have the California family court determine the outcome of their custody dispute. This is not a legal matter that parents can resolve privately, and all parents facing custody determinations should prepare for difficult and emotionally stressful court proceedings.

The California family court has a legal obligation to protect any children the court’s rulings affect. This means preserving a child’s best interests in every family court case. However, “the child’s best interests” are relatively open to interpretation, and every case will involve unique details. Therefore, if you are preparing for a custody determination in California family court, it’s vital to know how judges make these decisions.

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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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What to Do If You Suspect Your Ex of Neglecting or Abusing Your Child

What to Do If You Suspect Your Ex of Neglecting or Abusing Your Child

It is a devastating realization when a parent finds evidence that their children have been neglected or abused. When the mistreatment occurs at the hands of a close family member who is taking care of them, such as the other parent, you can feel powerless. It is vital for a divorced parent to be aware of the steps they should take to ensure their children’s safety if they discover that their child has been abused or neglected in any way by the other parent during visitation or shared custody time.

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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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