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Articles Posted in Post-Divorce Issues

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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Tips for Developing Your Prenuptial Agreement in California

Tips for Developing Your Prenuptial Agreement in California

Prenuptial contracts have something of a bad reputation, typically because most people view the suggestion of a prenuptial agreement as a sign of lack of faith that a marriage will last. While it’s true that a prenuptial contract can act as a blueprint for a future divorce, it can also provide substantial economic benefits to both spouses, effectively insulating them from one another’s debts and financial obligations. In addition, some people believe that prenuptial contracts are only necessary for very wealthy people; the reality is that this type of contract can offer significant legal protections to anyone.

If you have reservations about asking your spouse-to-be to consider a prenuptial agreement, it’s essential to understand what your agreement can include and the benefits of drafting one collaboratively with your partner. When done correctly, creating a prenuptial contract can yield strong financial protections for you and your spouse and help you have difficult conversations before marriage, potentially bringing you closer as a couple.

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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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How Does a Postnup or a Prenup Affect Your California Divorce?

How Does a Postnup or a Prenup Affect Your California Divorce?

In the State of California, both prenuptial and postnuptial agreements are recognized, and couples facing divorce need to be aware of the role the agreement plays. Among the many factors they must consider is the fact that certain issues may render various clauses, or the whole document, unenforceable. Anyone going through a divorce must first determine whether their agreement is valid in court before they start determining its potential influence on spousal support, child custody, and property division.

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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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How to Evaluate a Potential Divorce Attorney in California

How to Evaluate a Potential Divorce Attorney in California

Ending a marriage is a very difficult decision and not one to be made lightly. However, if you have decided to end your marriage, or your spouse has filed a divorce petition, and dissolution proceedings are inevitable, it’s natural to have many legal questions about your impending divorce case. One of the best things you can do in this situation is to secure legal counsel from an experienced California divorce lawyer as soon as possible.

The right attorney can help you understand the proceedings you face and your options for navigating your divorce. While you might think you can navigate your case without legal representation, the reality is that even the most seemingly straightforward divorce cases can pose very complex legal questions. It’s understandable to be hesitant about the potential cost of your legal fees, but you should not underestimate the potential value of your divorce lawyer’s representation.

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Your Guide to Spousal Support in California

Your Guide to Spousal Support in California

Divorce in California can be incredibly stressful and complicated, especially regarding the financial issues involved. The state upholds a strict community property statute that applies to property division, requiring divorcing spouses to evenly divide their marital assets, property, and debts. However, property division may not entirely resolve the financial issues present in a divorce. In some divorces, one spouse will need to pay spousal support, also known as alimony, to the other. Spousal support typically comes into play when one spouse is financially dependent on the other or unable to support themselves financially for other reasons.

If you plan to divorce in California, it’s natural to have concerns about your potential financial obligations to your soon-to-be ex-spouse. Whether you expect to pay or receive spousal support from your divorce, it’s vital to know how spousal support is determined, how long it lasts, and the conditions that would terminate an existing spousal support agreement.

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What to Do If You Discover Important Information After Finalizing Your Divorce

What to Do If You Discover Important Information After Finalizing Your Divorce

Any divorce has the potential to escalate into a heated legal battle between the divorcing spouses. The emotional stress and tension that divorce can generate can easily encourage a divorcing spouse to feel as though they just need to get through the process as quickly as possible. Unfortunately, the pressure to finalize a divorce as soon as possible can easily cause a spouse to overlook key details of their divorce, ultimately resulting in an imbalanced or materially unfair divorce order. This is especially true when a divorced spouse discovers important information after their divorce has been finalized that should have been considered during their divorce case.

In the event you discover any information that you believe should have been addressed during your divorce, you should prepare for modification proceedings. When new information would have changed the outcome of your divorce, it’s important to bring it to the court’s attention and have your divorce order modified accordingly. It’s also possible to face more serious legal proceedings if you discover that your ex engaged in serious misconduct. Modification proceedings can potentially allow for changes to child support, child custody, and alimony determinations.

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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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