Child support modification can be done at any time. A parent may ask to raise or lower the amount of child support paid. If the judge ordered a child support that is below the guideline amount, then the amount of child support can be changed at any time and you do not have to show… Continue reading →
Can I Deny my Ex-Spouse Visitation?
Denying visitation is a big issue among custodial parents. Often a parents believes they have justifiable rights for denying visitation to their ex-spouse, but the law prohibits it. Unless the court has granted a child custody modification for new visitation rights, you are not allowed to deny visitation. The courts frown upon making decisions like… Continue reading →
My boyfriend and I were together for over 10 years. Are we considered common law married in California?
Common law marriage is granted when a couple meets specific requirements determined by their state of residence. Many people believe that once a couple is living together for a certain period of time, they are considered common law married. In fact, there are usually more specific requirements than that, and what’s more, majority of states… Continue reading →
I have 50/50 custody of my son. His father does not want to release my son on the scheduled date. Can I file for contempt?
When a parent disrupts the custody rights of the other parent, it is called custodial interference. Custodial interference occurs when a parent refuses to release the child to the other parent, takes the child from the other parent, or otherwise intentionally interferes with the other parents rightful physical custody. Custodial interference can also occur when… Continue reading →
My son went with his mother for the summer, she refuses to return him to me. What should I do next?
In cases where a child is being kept from them, parents cannot wait for a hearing to modify custody orders, especially if the child may be in danger. In cases where you need a decision from the judge right away, you can file for an emergency motion, or temporary orders. Temporary orders are valid until… Continue reading →
Can I get child support if I’m married and my husband signed the birth certificate even though he is not the real father?
When a baby is born, one of the most important things to do is to establish paternity of the child. Establishing paternity is the best way to protect the child, mother, and father and their rights to child support or visitation. There are different types of fathers, and many different ways to determine who is… Continue reading →
How Can I Get Joint Custody of my 1-year-old?
Her Mother Agrees Because she is Going Into the Military Joint custody is when parents who do not live together have equal say in making life decision for the child. Parents can have joint custody if they are divorced, separated, or not living together. If both parents agree to share custody of the child, then… Continue reading →
Work is Moving Me Out of State, Will I Lose Custody of my Children?
When divorced parents share custody of a child, parent relocation can be a tricky issue. If a parent needs to move, and the move disrupts the current custody arrangement, then the parents will need to acquire a new custody order and new visitation arrangements. In California, if a custodial parents wants to move away with… Continue reading →
Can I Get Custody Finalized While a Parent is in Incarcerated?
If one party is in prison during the divorce process, custody issues can still be finalized. Many parts of the divorce process are unchanged when one of the spouses is incarcerated, however, there are many special issues and questions that come up when one spouse is in prison. A person in prison does not have… Continue reading →