Articles Tagged with child welfare service

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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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Acceptable Grounds for Family Court Order Modification in California

Acceptable-Grounds-for-Family-Court-Order-Modification-in-California

Family law is unique in many ways. Perhaps most notably, the family law system offers a more streamlined alternative to the standard appeal process when an individual accountable to a family court order believes the order to be unreasonable or untenable due to recent events. Family law acknowledges that life is unpredictable. Due to the nature of most family court orders, the terms of an order may not be as reasonable in the future as they are at the time they are signed into effect by a judge.

If you have recently experienced any major life events that have materially influenced your standing family court order, the modification process can allow you to make simple changes that reflect the recent changes in your life. This does not mean you can repeatedly pester the court until they modify your family court order to suit your exact preferences. There are certain conditions that must be satisfied if the court is to approve of any proposed modification.

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How Much Does a Child’s Preference Impact Custody?

How-Much-Does-a-Childs-Preference-Impact-Custody

One of the most difficult challenges of going through a divorce is determining the details regarding child custody. Even in situations when the divorce itself is amicable, you and your spouse are likely to have differing opinions regarding how best to proceed with childcare in the aftermath of your separation. Everything from agreeing upon the primary residence and custody schedules to more complex issues like schooling, religion, extracurricular activities, and more can be areas of disagreement.

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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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