Child custody is one of the most complicated and emotional processes in civil law. Whether through divorce, separation, or between two parents that never married, California seeks to provide an opportunity for both parents to be a part of the process of raising the child. In these situations, California tries to divide the child’s time and financial responsibility between both parents as much as possible. However, circumstances can change in both the parents’ and child’s lives, causing changes to custody orders or impacting the initial onset of one. For parents facing incarceration and their ex-partners, it is important to know what happens in a child custody case when one parent …
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Is a Stepparent Adoption Right for You?
When someone enters a new relationship with someone who already has children, the individual has the option to advance a stepparent adoption. This is the process of becoming the new legal parent of the children to match the new relationship status. However, this is not a decision that anyone should make lightly. There is a ton of emotion that a child can already be dealing with when a divorced parent enters a new relationship. The prospect of formalizing the new parent-child relationship should be weighed on a case-by-case basis to ensure that it is the right thing for all parties involved. Consider these factors before advancing with a stepparent adoption. …
Read MoreWhat Are Typical Cases Involving Family Law in California?
Family law is a broad term that covers a variety of civil cases that resolve conflicts within family units. The purpose of family law is to be sure that all parties involved are heard equally to arrive at the best possible outcome. Family cases can be emotionally charged and difficult because they involve litigants that are related, have built lives together, and, at some point, shared love with one another. While family courts encourage resolutions that take place outside of the courtroom, ultimately the court process will intervene if the parties cannot reach an amicable agreement. While there are many types of cases heard in family law courts, there are …
Read MoreWhat Is the Legal Significance of Paternity?
Paternity law covers all aspects of the law regarding being a father. Many factors complicate paternity issues, so it is vital to seek the counsel of a trusted paternity attorney to navigate the process. Many times, families facing questions about child paternity assume that a simple DNA test will solve all their problems, but that is not always the case. Anyone facing difficult circumstances that involve a child’s paternity should understand a few basic facets of paternity law. This will help clarify the legal process and allow you to address issues such as child custody and support. The Basics of California Paternity Law The first thing an individual needs to …
Read MoreWhat Decides Who Gets Custody of a Child in California?
Child custody encompasses the primary parental rights and responsibilities necessary to care for a child. As such, custody can either be granted to one parent or shared between them. It is possible for parents to develop a parenting and custody plan on their own, but any child custody arrangement must be approved by a family law judge before it can become an enforceable court order. If the parents cannot agree, the judge will hold a court hearing to hear statements from both and make a final decision. What Is the Difference Between Legal and Physical Custody? A child custody order addresses two types of custody—legal and physical. Legal custody grants …
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