Articles Tagged with child welfare service

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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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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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Can a Parent Permanently Lose Custody Rights in California?

Can a Parent Permanently Lose Custody Rights in California?

The family court system of California has a legal obligation to protect the best interests of the children affected by family court orders, including divorce cases and child custody determinations. Generally, the court upholds that a child thrives best with equal access to both of their parents. However, the court will only seek such custody arrangements as long as both of the child’s parents are fit and safe to raise their child. When a parent has engaged in criminal activity, especially any misconduct that involves victimization of their child or other children, the court is unlikely to grant much in the way of custody rights to the parent. It’s also possible for a parent to permanently lose their custody rights as a result of some behaviors.

Involuntary termination of parental rights is one of the most severe penalties a parent can face through the family court system. Additionally, when a parent qualifies for involuntary termination of their parental rights, their behavior could be severe enough to warrant criminal prosecution as well.

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Understanding the Differences Between Writs and Appeals

Understanding the Differences Between Writs and Appeals

Navigating the court system can be exceedingly difficult for those new to the experience. In particular, many individuals are unfamiliar with the often-prevalent legal jargon—especially when it comes to the complex processes and legal documents this jargon can describe. Fortunately, the average person is not expected to understand each detail of our complex legal system or the nuances within the law. Skilled attorneys exist to demystify the legal system and guide their clients through their court proceedings successfully.

However, it is important to be aware of the most common legal terms, especially those that pertain to your case. To that end, one of the most asked questions our attorneys receive is regarding writs and appeals. These two legal petitions can dramatically affect how a case proceeds and the differences between them can make a major difference in the timeline of a case. Further, some legal proceedings require a writ, while others require appeals.

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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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Making a Change in Divorce Judgements Due to a Change of Circumstances

Making-a-Change-in-Divorce-Judgements-Due-to-a-Change-of-Circumstances

Life can change in an instant, and individuals who are divorced are not immune. In fact, divorced people frequently experience changes in their life circumstances that may necessitate changes in terms of their divorce regarding spousal support, child support, or child custody and visitation. If you are in a similar situation that has made the terms of your divorce untenable, it can be difficult to know where to start. However, it is important to know that you are not alone.

The first step toward changing a divorce judgment is to request a hearing. A hearing allows you to prove in court that you have experienced a significant lifestyle change since the time that your divorce was settled. The courts do not provide a specific outline for what constitutes a change of circumstances, but they will consider various factors that may affect the terms of your divorce.

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Understanding Child Support in California

Understanding-Child-Support-in-California

When a couple with children goes through a divorce, one of the most important decisions included in the final terms is the amount one parent will pay the other for child support. Unfortunately, however, it is increasingly rare for both parents to be happy with the decision. For this reason, regardless of whether you are the party making the support payments or the one receiving them, this can be one of the most stress-inducing parts of the divorce process.

A primary issue with child support in California, as with other states, is that the parent ordered to pay support often feels that they are paying too much, while the parent receiving the payments can feel as if they should be receiving more funds to care for the child. However, child support decisions are not made arbitrarily—if you are facing divorce, it is vital to understand how child support is intended to work and that its purpose is to benefit the child.

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