Family Law Blog

Obtaining Custody as an Unmarried Father

Thursday, August 15, 2019

father and daughter

Unfortunately, if a father is not married to the mother of his child, he doesn't come with the same inherit parental rights. In many cases, parental rights between two unmarried people are worked out away from the courtroom, but this doesn't mean they are legally binding.

If you are an unmarried father, you need to take steps to get your legal rights. The first course of action is for both the father and mother to sign the birth certificate. Once this happens, you will legally be entitled to parental rights.

If the mother refuses to put your name on a birth certificate, unfortunately, you will need to go to court. You can file with the court to have an official paternity test done. This will make your paternal rights legally binding. After paternity is officially established in the eyes of the court, the father can then seek to have custody of their child. In most courts, they believe in having two parents in a child's life. Unless the mother can prove that the father would provide a somehow dangerous environment, at very least visitation will be granted.

Unfortunately, if you don't wish to go to court and a mother will not sign acknowledgment of paternity, then there is not much you can do without legal intervention. Unless you go to court, it means both you as the father and your family will have no legal rights to visitation of your child.

If you are an unwed father and want to be in your child's life, contact us today. The family law system often seems greatly unfair to fathers, but that is not the case if the father is willing to go through the court system for their rights. The courts always consider the best interest of a child, and often that means having a relationship with both parents.

Obama Administration Family Law Changes Affect Child Support

Thursday, February 02, 2017

Many divorced parents who have child support obligations may have found themselves facing difficulties making their payments. As a result, they may have fallen behind on their support and ended up incarcerated as an outcome. This type of family law situation is not uncommon, and it can often lead to a vicious cycle.

When many parents are in jail, they lack the ability to effectively make their payments, which only leads to their falling further behind. In turn, after their releases, they may return home only to find themselves potentially on their way to being locked up again due to having been unable to make their support payments regularly while incarcerated.

According to recent reports, in order to address this issue, President Obama's administration has made changes to child support rules that may help parents in such a predicament. These rules would supersede state law and require that states examine the true circumstances of each case when it comes to potentially allowing for support modifications. In many cases, incarceration is considered "voluntary unemployment," and this classification makes it nearly impossible for individuals to pursue more manageable support amounts while in jail. 

By having incarceration not deemed voluntary unemployment, individuals may be able to seek a lower support payments. As a result, they may be better able to make their payments while in jail or at least have the opportunity to not fall as far behind.

These child support rule changes could affect many California parents who have found themselves facing such predicaments. Individuals who are interested in how these rules could potentially affect their circumstances or who would like more information on child support modifications in general may wish to consult with experienced Beverly Hills family law attorney

Child Custody: What Are The Best Interests Of The Child?

Thursday, January 05, 2017

One of the most heated and intense moments in your life can happen when child custody becomes the topic. For years, people have made their claims on why they should obtain custody of the children when a marriage or relationship ends. 

This is why it is so important to have the help of an experienced child custody attorney who can help protect the rights you have as a parent. You are fighting for your children, and you deserve to get the best results for the children you love so much.

Many people think that child custody cases are always ruled in favor of the mother. However, this is no longer the case. Many states across the United States will view both sides of the situation and determine the best situation for the child.

The child's best interest should always be number one. Several factors will determine where the child will live and who gets to make the important decisions in the child's life. 

If you do not understand how child custody battles work and you need someone to fight on your behalf, an experienced family law attorney will explain everything you need to know so that you can move forward with getting the results your child needs.

Some of the factors that are taken into consideration during a child custody case include the following:

  • Where the child wants to reside(if he or she is old enough to determine what he or she wants)
  • What the parents want
  • How well the child adjusts to the current environment
  • The mother/child and father/child relationship
  • The type of home life each parent can provide

This is only a small list of the things that will be considered when you are in the middle of a child custody battle. It is important to remember that the best interest of the child is what the judge will consider. 

If you need to be advised on what your chances may be in obtaining custody of your child, Contact a California child custody attorney today.

3 Mistakes to Avoid in Your Family Law Case

Thursday, January 14, 2016

Divorce is never easy. It takes a toll on you emotionally and physically. You end up going through a range of emotion trying to sort everything out and figure out how you are going to make it on your own. For some, they never seen the divorce coming. This causes them to be hit harder than the party who filed for divorce in the first place. To make sure you get through your family law case without getting shorted on the settlement, here are three mistakes you want to avoid.

Not showing up for court.

One of the worst things you can do is not show up for court. Regardless of whether you think it is important or not, you need to make sure you are there when the proceedings are going on. If you don't show up, the other party can simply ask for whatever they want and you won't be there to say anything about it. The judge could end up listening to the other person and you end up losing out.

Not knowing the value of an asset.

When the assets are split up between the parties, you want to make sure you get your fair share. It isn't going to do you any good to get the house if there is still a large amount owing on it while the other party walks away with vehicles, firearms, furs, jewelry and so on that they can sell for money and come out ahead of the game. Make sure you get an equal share of the property.

Not having a lawyer look everything over for you.

Never sign anything that your lawyer hasn't looked over for you. Don't sit there and assume everything is fine. You never know what might be hidden in those papers. It is crucial that you understand what you are signing and that you agree to the terms before you sign anything.

By avoiding the three mistakes above, you can get through your case with ease. While it might not take the sting out of the divorce, it can help make sure you don't lose out on more than what you should. If you are ever in doubt about what is going on or what you need to do, make sure to ask your attorney what you need to do. Contact us for additional information about how to deal with your case.

Exposure to Domestic Violence Increases Risk of Migraines in Children

Monday, June 01, 2015

Children who are exposed to to domestic violence, or any other kind of trauma even during childhood, may have a much higher risk of developing migraines as adults.

According to a Canadian study, exposure to any kind of traumatic event during childhood, including parental domestic violence or other types of abuse, could increase the risk of migraines during adulthood. Children, who reported experiencing childhood physical abuse, sexual abuse, and witnessing parental domestic violence, were found to have a migraine risk as adults that was three times as high in the case of both males and females.

What the researchers found really astounding was the very strong association between exposure to parental domestic violence as children, and the risk of migraines as adults. Those who witnessed violence as children had a 62% greater risk of suffering migraines as adult women, compared to those who had no history of parental domestic violence. Among males, the risk increased to a 52% higher risk as adults.

If you are currently experiencing domestic violence in the home, speak to a San Jose family lawyer about steps that you can take to protect yourself, and the safety of your children. The first step is however to firmly decide that you do want to take steps to preserve the safety of your family. Prolonged domestic violence can result not just in serious injuries and trauma, but also death.

Fortunately, you can get a restraining order that prevents the abusive spouse or partner from contacting you. Talk to a family lawyer in San Jose about whether you qualify for a domestic violence restraining order. Remember, if you do not qualify for a domestic violence restraining order, there may be other types of legal actions that you can take to prevent the harassment.

Prenuptial Agreements Now Used in Variety of Situations

Tuesday, March 10, 2015

Time was when the term “prenuptial agreement” immediately conjured up images of the wealthy billionaire and his trophy wife. Times have changed, and prenuptial agreements nowadays are used in a variety of situations. In fact, you are much more likely to find prenuptial agreements being used in a marriage, where couples are actually on an equal financial footing.

Nowadays, more women have lucrative careers of their own, and when they enter into a marriage, they want to protect their assets. They are interested in protecting their assets, not only for themselves, but also for their children from a previous marriage.

Very rarely now are prenuptial agreements used to protect only one person's interests in the marriage, like they were earlier. The balance of power has shifted, and now, both partners in a marriage are likely to bring significant assets to the marriage, that they both want to protect.

Say for instance, a wealthy woman with a successful carrier in her 40s or 50s marries a man, who already has income of his own, as well as children from a previous marriage. In such cases, it's important for both the spouses to protect their assets, not just for themselves, but also to pass on to their children. A prenuptial agreement in such a case is not only recommended, but also an absolute must.

That also means that many couples now no longer have the same inhibitions regarding prenuptial agreements that they had earlier. More couples are realizing that these documents help you protect assets, while not taking away from the love that you have for each other.

Want help drafting a prenuptial agreement? Speak to a San Jose family lawyer.