Articles Posted in Paternity

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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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Important Factors That Influence Child Custody Determination in California

Important Factors That Influence Child Custody Determination in California

Child custody disputes are some of the most challenging legal cases any parent can face. Married parents who decide to divorce will need to resolve child custody through the family court system, and unmarried parents who separate and intend to raise their children separately will need enforceable family court orders for custody as well. Whatever your situation entails, it’s vital to understand the child custody determination process and what a judge must evaluate in making these determinations.

While it’s possible to resolve many divorce-related issues privately through alternative dispute resolution, this does not apply to child custody. The California family court system is legally obligated to protect children’s best interests affected by court rulings. For example, if you and your soon-to-be ex-spouse and co-parent intend to take advantage of mediation to resolve your divorce, you must be prepared to spend time in court to settle child custody.

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What Is Paternity Fraud?

What Is Paternity Fraud?

Paternity cases are common in the California family court system. It’s vital for parents to accurately establish a child’s paternity when resolving child custody disputes and determining child support obligations. Unfortunately, many men are victims of misattributed paternity throughout the US, sometimes spending years believing they are a child’s biological parent only to later discover this is not the case. Conversely, some men have no idea they have fathered children only to suddenly discover they are, in fact, fathers. Some of these situations arise from honest mistakes, but deliberate paternity fraud is more common than many people expect.

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How Can an Attorney Help With Family Court Order Modification?

How Can an Attorney Help With Family Court Order Modification?

Life can pose unpredictable challenges for anyone. When changes in your lifestyle occur due to forces beyond your control, some of these changes can have a material impact on any standing family court orders that you must observe. For example, if you have a family court order requiring you to pay child support and you lose your job due to company-wide layoffs, you may not be able to meet your child support obligation by no fault of your own. When these things happen, and you are concerned about your ability to abide by a standing family court order, it’s vital to understand how the modification process can help your situation.

Family law is unique in that it is possible to alter your family court order without a complex, time-consuming appeal process. Instead, modification allows any party beholden to a family court order to request reasonable changes to their family court order through a simplified process. While this may seem straightforward at first, consulting an experienced California family law attorney before filing your petition for modification is a wise choice. Your attorney can help you determine whether you have grounds for a modification, guide you through the process, and may even have suggestions for other alterations you could reasonably request that could make it easier for you to manage your court-ordered obligations in the future.

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What Happens When a Parent Violates a Custody Agreement in California?

What Happens When a Parent Violates a Custody Agreement in California?

When divorced or unmarried parents have a child custody agreement in California, both of them need to abide by the terms of the agreement to the letter. While life is unpredictable, and a parent may have an emergency or other unforeseen issue that interrupts their regular custody or visitation schedule, these one-off events are typically easy to manage between the parents. However, if a parent repeatedly violates the terms of a custody agreement or violates the terms to an extreme degree, the other parent must know how to address the situation and prevent similar issues in the future.

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Is There a Difference Between Alimony and Child Support?

Is-There-a-Difference-Between-Alimony-and-Child-Support

Individuals face a laundry list of issues and questions when they are going through a divorce, and it can be challenging to find a reasonable answer to simple questions. Couples that were once very much in love may be consumed with bitterness and anger when their marriage fails. Details such as spousal support, alimony, property division, child support, and child custody often drive a wedge even further between them. Most couples find that the most difficult challenges they face when going through divorce are spousal support and alimony. These controversial determinations are among the most common to go to court for a ruling by a judge.

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Under What Circumstances Can a Child Custody Agreement be Modified?

Can-a-Child-Custody-Agreement-be-Modified

Going through a divorce can be an exceedingly long, stressful process, even when the separation was relatively amicable. During the proceedings, many decisions must be made, including child custody and child support. Once these have been finalized, it can be tempting to consider the matter fully resolved, but when there are children involved, that is rarely the case. There are a significant number of unexpected circumstances that can crop up after you’ve settled your custody agreement, ranging from changes in your life or your spouse’s life to potential new needs of your child. At the same time, modifying your agreement is not the simplest process.

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Tips for Effective Coparenting Following Divorce in CA

Tips-for-Effective-Coparenting-Following-Divorce-in-CA

Transitioning from married life back to single living can be very difficult, especially if you are a divorced parent. It is necessary to not only take care of yourself and adapt to your new reality but also to ensure your children can adjust in the healthiest ways possible. Unfortunately, it is fairly common for recently divorced parents to notice significant changes in their children’s behavior. Some parents even feel lost when it comes to communicating with their children about their new reality. One of divorced parents’ greatest challenges is often reconciling their personal feelings about the other parent with their shared responsibilities.

If you have recently divorced in San Diego and have a child custody agreement with your ex-spouse, it is natural to experience many difficult emotions during the transition phase. However, it is vital to be reasonable and practical when it comes to dealing with your ex. No matter what type of personal issues lie between you and your ex, you both have a responsibility to do what is best for your children.

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What Happens When a Judge Determines Child Custody?

What-Happens-When-a-Judge-Determines-Child-Custody

Divorce can be one of the most challenging experiences of any person’s life, but the process tends to be especially hard on parents. The breakdown of a marriage is one thing, but the breakdown of a family unit raises an entirely new set of concerns and issues that demand thoughtful consideration.

In California, state law dictates that all family court judges must ensure that any divorce involving children preserves those children’s best interests. Regardless of whether divorcing parents intend to go to court or mediate their divorces, the California family court system must approve their parenting plan and ensure safe care, custody, and support for the couple’s children.
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The Consequences of Withholding Visitation Rights

Visitation-RightsVisitation is an important part of any custody agreement. However, it can be difficult to allow your former partner to spend time with your child after having sustained multiple negative experiences with them in the past. In addition to any perceived hostility from the other parent, many situations might make you tempted to withhold visitation, such as attempts by the parent to manipulate your child, failure to pay child support, or even risk of physical or psychological abuse. If the court has already determined that the other parent has visitation rights, withholding visitation is an act of defiance against a standing court order and could result in severe consequences. In fact, the other parent can even accuse you of kidnapping. That’s why it is critical to follow the appropriate legal procedures for your situation instead of simply attempting to withhold visitation rights on your own. A family law attorney can go over the specifics and help you determine the best course of action to ensure the safety and wellbeing of your child. Continue reading

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