Ex parte proceedings, also called emergency proceedings, are filed when an immediate decision needs to be made in a family law case because of an emergency situation. An ex parte order is an emergency and temporary order. They may be necessary in divorce proceedings, child custody determinations, and domestic violence cases.
Establishing paternity is necessary for many unmarried couples to gain essential parental rights and responsibilities for their children. Paternity allows both parents to have rights to custody and visitation, along with the responsibility to financially support their child. It also allows children to get financial insurance benefits and inheritance rights from both of their parents. There are several ways that parents can establish the paternity of their children.
Property division is an essential aspect of divorce. In California, property is divided according to community property law. Any marital or community property must be split between spouses. There is a division between what is separate and what is community property, but there are situations where separate assets can become community assets. Because of this, property division can get legally confusing, and spouses can have disagreements about the classification of assets. It’s essential to understand how this may happen when separating property.
A married couple or domestic partnership considering separation in California has several legal options available. This can be confusing and frustrating for some couples who are unsure what the “right” way to separate is. Couples can end or separate a marriage through divorce, annulment, or legal separation, depending on the circumstances of their marriage. The ideal option for your separation will depend on several factors. It can be helpful for couples to talk with a qualified family law attorney to understand if they meet the requirements for certain types of separation.
Child custody is a stressful time in any parent’s life, whether it is part of a divorce proceeding or the result of separation. In a custody determination, most parents want as much time as they can get with their children. The court will always make a custody and visitation decision based on the child’s interests. When a parent is deemed unfit, they will likely be unable to have child custody rights.
The term “unfit parent” doesn’t refer to imperfect parenting. Instead, it’s a legal term that applies when a parent cannot provide safety and care for their child.
Divorce or parental separation is a difficult time for any family. Though many families try to work with each other, this isn’t always the case. There are unfortunate situations where one parent attempts to harm the relationship between the child and the other parent. These attempts can be considered parental alienation if the child rejects or estranges themselves from that parent.
Many parents see children pull themselves away emotionally after separation because it’s also difficult for kids. In most cases, it just takes time and understanding. For some parents, however, those bonds don’t heal because of the manipulative tactics of their co-parents. Parental alienation can be minor or severe. It’s essential to understand how that impacts your family and what you can do about it if you’re a parent who suspects your child is being intentionally distanced from you.
Mediation for child custody determination allows parents to agree on their children’s care and well-being with the help of a neutral third party. Disputes and litigation about child custody can be lengthy, overwhelming, and difficult for children and parents. Mediation is an alternative way to handle child custody. Child custody can be mediated as part of divorce mediation, or it can be done separately. Couples who divorce through litigation can still negotiate a custody agreement through mediation.
In California, mediation attendance is required for child custody and only goes to court if an agreement can’t be reached. Mediation is not always the right option for every couple who is separating. However, there are several benefits to mediation.
Separation or divorce with minor children involves parenting plans, child custody, visitation schedules, and child support. In California, child support is largely based on each parent’s income. Child support orders can be modified after they’ve been finalized for a significant life change, and payments can be increased or decreased. Changing the child support payments could be justified if one parent receives a significant raise.
Child support payments are created to ensure that both parents provide financial support to their children and that children have similar living standards in each home. Child support also attempts to maintain a standard of living equal to the standard before separation.
Divorce is often a complex and emotionally charged process, with property division being one of the most contentious issues to resolve. Understanding the nuances of dividing assets and debts can be particularly challenging in California, a community property state. However, with legal guidance, divorcing couples in California can successfully navigate the maze.
Divorce can be a challenging and emotionally charged experience for everyone involved, especially children. While it’s a sensitive subject, having an open and honest conversation with your kids is crucial to help them understand and process the changes happening in their lives. There is no one “right” way to talk to your children about divorce, but these tips can help guide you through the conversation:
San Diego Divorce Attorneys Blog