A paternity action takes place when a child is born to parents who are not married and there is doubt who the father is. Are you trying to determine if you are the father to a recently born child? When a child is born to unmarried parents, in most cases, the father has no rights… Continue reading →
Posts Tagged ‘Family Law’
Allocation of debts
Besides the division of assets, the allocation of debts is one of the most important issues to settle during a divorce. Both parties are responsible for marital debts that were incurred during the marriage. Generally, the decision regarding the allocation of debts follows the same principle as division of property – all debts must be… Continue reading →
Modifications
Modification issues for child support, visitation and spousal support often arise after the couple is divorced. When the custodial parent asks for a child support modification, he or she must show that the child’s needs cannot be adequately met based on the support currently being received. If the non-custodial parent is seeking a downward modification,… Continue reading →
Divorce waiting period
Are you aware that there is a divorce waiting period when filing for divorce? This is to make sure that the couple is absolutely certain about ending their marriage. California law requires a six-month waiting period that begins the day of filing. After six months plus one day after the filing date, the divorce papers… Continue reading →
What does your child want?
Are you going through a divorce? Do you have a child who is old enough to express his or her views on which parent he or she wants to live with? In determining the best interest of the child, the court may consider the child’s preference. According to Family Code Section 3042(a), “If a child… Continue reading →
Domestic violence and protective orders
California takes domestic violence issues very seriously. Both the accused and the alleged victim have rights that need to be protected. If there is a real threat of harm, a court will issue a protective or restraining order. In most cases, claims of domestic violence are true, however, sometimes claims have no merit and are… Continue reading →
Proving paternity
When a married couple has a child together, the husband’s name is entered on the birth certificate as the father of the child. However, when an unmarried couple has a child, the paternity of the child may be in question, especially when the mother is unsure who the biological father is. Once a determination of… Continue reading →
Determining child support
One of the most important issues in a divorce process is child support. California law requires child support to be calculated based on several factors that include income and employment of each spouse. The formula used is set forth in the California Family Code and is known as a guideline. The court order for child… Continue reading →
Domestic partnerships
A domestic same-sex partnership in California is a legal relationship. It allows the couple the same rights, benefits and protection as a married couple. In addition, it is subject to the same responsibilities, obligations and duties. California Family Code Section 297 states, “Domestic partners are two adults who have chosen to share one another’s lives… Continue reading →
Recent Post
In What Circumstances Does Supervised Visitation Apply to a Case?
The Answers to Your Burning Questions Regarding Mediation
Your Holiday Plans and Custody: How to Modify Your Order
What to Know When You Are Divorcing from an Abusive Spouse- Can I Attempt to Appeal My Child Custody Order After the Fact?
