Category Archives: Child Custody

paternity
Child Support, Child Custody

How Does Paternity Work in California?

How does paternity work in California? In California, generally, when a child is born to a husband and wife, the husband is presumed to be the child’s father. If a child is born to a woman who does not have a husband, there may be a question as to who is the child’s legal father. In this situation, it may be necessary to establish the child’s paternity.

How do you Establish Paternity in California?


In California, establishing paternity involves having a court make a legal determination as to who is the father of a child.

Generally, there are two ways to establish paternity in California: Voluntarily or through a formal legal process.

1) Voluntary Declaration of Parentage—unmarried parents can sign a voluntary declaration of parentage form to establish a child’s paternity. To be valid, the declaration must be signed by both parents, in the presence of a notary public or certain other individuals, and filed with the appropriate California state office.

2) Petition to Determine the Parental Relationship—when the parties do not agree on paternity, someone seeking to establish paternity can file a petition to determine the parental relationship.

Once the petition to determine the parental relationship is filed, the petitioning party must serve the other and include certain required documents. The other party will then be given time to file a response. The case will be scheduled, and in all likelihood, the male party will be ordered to undergo genetic testing to determine whether he is the child’s father.

Who Can File a California Paternity Action?


The California Law provides that a paternity case may be initiated by:

· A man who believes that the child at issue may be his biological child

· The child’s mother

· The child (age 12 and older)

· The child’s representative

· Certain agencies

· Any other interested party

Without a formal paternity determination, someone alleged to be the child’s father will not be obligated to pay support or have custodial rights. In addition to custody, child support, and visitation, establishing parentage is important because it will allow a child to inherit from their parent and be eligible for certain government benefits. In addition, the child can access family and medical records, have health coverage through their parent, and be named a life insurance beneficiary.

Paternity cases can become contentious, especially if a party is denying parentage. Once paternity is established, the legal parents will then have to manage child support and legal and physical custody. In this situation, it’s in your best interest to work with an experienced California family law attorney throughout the process. Your and your California family law lawyer can review the facts and determine your next steps. In addition, your counsel can help you plan for support, custody, and visitation issues.

Contact a California Family Law Attorney


The attorneys at the Law Offices of Judy L. Burger are experienced California family law attorneys who can answer your questions about paternity and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

Enforcing a California Child Custody Order
Child Custody

Enforcing a California Child Custody Order

When parents divorce or separate, court orders will establish when and how they will spend time with their minor children. These California child custody orders are created according to what is in the best interest of the children involved. However, there can be circumstances when one or both parties may fail to abide by a California child custody order. In that circumstance, it may be necessary for the other parent to file an action seeking enforcement of the court’s custody order. Here is more on enforcing a California child custody order:

California Child Custody Orders

There are two types of child custody in California—legal and physical. Legal custody refers to a parent’s right to make decisions regarding their child’s upbringing, health, education  and welfare. Physical custody concerns a parent’s right to have their children with them and in their care. When parents divorce, they will have a custody order that sets out their respective decision-making authority and the specific times and days they can have their kids with them.

Child Custody Enforcement

After child custody orders are put in place, parents are expected to observe and obey the terms. These legal and physical custody orders may have been developed through the parents’ negotiations or a judge’s decision. When a parent regularly fails to follow a California child custody order, the other parent may have grounds to file an enforcement action. When a parent files this type of case, they are asking that the court hold the violating party in contempt of court and enforce the child custody order.

What Constitutes a Child Custody Violation?

Ideally, a child custody order will be carefully and specifically drafted according to the parties’ unique circumstances. When the parents work with their attorneys to create this type of order, they can usually anticipate and plan for their family’s needs. In addition, working with counsel can help ensure that the orders include functional and realistic terms. When child custody terms are clearly and specifically defined, it can make it easier for both parties to understand what is expected and avoid misunderstandings and conflict.

When developing a California child custody order, parents should consider issues such as:

  • The distance between their homes
  • How they intend to divide time during the school year
  • How summer and holiday time will be divided
  • Any extracurricular activities the children may be involved in now and in the future
  • How transportation details and associated expenses will be managed
  • Times when parents may need to deviate from the schedule

Not Every Violation Will Warrant Going to Court

It’s important to remember that not every variation from a California child custody order will warrant filing for enforcement. For instance, a parent may be late dropping their child off with the other parent because of an unforeseen traffic delay. There may also be times when a parent’s work schedule requires a temporary change. When parents can communicate and work together when these situations arise, they may not have to resort to legal taking legal action.

What to do When a Parent Repeatedly Fails to Abide by the Order

If a parent consistently and willfully violates the child custody order, the other parent may need to pursue enforcement. Before taking the matter to court, the parent should consult with an experienced child custody attorney to review the infractions. However, if the other parent refuses to return the children to the other parent, it may be necessary to act immediately. In either circumstance, the parent will need to advocacy and assistance of experienced counsel.

Contact an Experienced California Child Custody Attorney

Child custody enforcement may or may not be necessary, depending on your situation. The best way to determine your enforcement options is by consulting with an experienced child custody attorney. Your lawyer can review the violations and help you identify your options.

The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your child custody issues. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

 

 

 

 

What Happens During a California 730 Evaluation?
Child Custody

What Happens During a California 730 Evaluation?

California courts consider multiple factors when assessing child custody. In some cases, a court may appoint an evaluator to conduct a 730 evaluation. The purpose of the appointment and evaluation is to provide additional information and insight into the child’s circumstances and aid the court in determining what is in the child’s best interest. If your case involves this type of appointment, you need to know: What happens during a California 730 evaluation? Continue reading →

Getting Through the Holidays with Your Kids During Divorce
Child Custody, California Divorce

Getting Through the Holidays with Your Kids During Divorce

During a divorce, there can be a lot of trial and error as you figure out your custody routine. Ideally, you and your ex will have clear temporary custodial terms that help you avoid issues as you share time with your children. Even under less contentious circumstances, getting through the holidays with your kids during divorce can be challenging. The good news is that there are ways to help make the process run smoother while sharing holiday time with your children. Continue reading →

How do I Transfer My Out-of-State Child Custody Order to California?
Child Custody, Uncategorized

How do I Transfer My Out-of-State Child Custody Order to California?

Thousands of people move into California each year. Some of these new residents are parents with children who are subject to out-of-state custody orders. When another state’s court establishes a child’s custodial decisions and the child and their parent move into the state, the original order will need to be transferred to California. Therefore, if you have an out-of-state order, you need to know: How do I transfer my out-of-state custody order to California? Continue reading →

How Does Supervised Visitation Work in a California Child Custody Case?
Uncategorized, Child Custody

How Does Supervised Visitation Work in a California Child Custody Case?

Generally, California law favors parents having equal decision-making authority and time with children. However, there can be circumstances when a parent will have supervised visitation. If you believe that supervised visitation may be an issue in your California child custody case, it’s important that you understand how this type of supervision operates. So, how does supervised visitation work in a California child custody case? Continue reading →

Can Marijuana Use Impact My Child Custody Case
Child Custody

Can Marijuana Use Impact My Child Custody Case?

In 1996, California became the first state to legalize medical cannabis. In 2016, the substance became legal for personal use. Since then, the industry has grown to the point that it’s not uncommon to see marijuana sold at retail dispensaries throughout the Golden State. Although marijuana use is legal in California, that doesn’t necessarily mean it is widely accepted in child custody courts. Therefore, if you have a potential or pending child custody matter with this concern, it’s important to know:  Can marijuana use impact my child custody case? Continue reading →