Do I Want My Baby's Father to Establish Paternity in CA?
California Divorce, Child Custody, Child Support, Marriage

Do I Want My Baby’s Father to Establish Paternity in CA?

When a child is born outside of marriage in California, the question of paternity can come into play with custody and support issues. Establishing paternity is critical for various reasons, and knowing whether you want the father of your baby to take this step is essential for your family’s future.

CA Certified Family Law Specialist Judy L. Burger explores the implications, benefits, and steps involved in establishing paternity, helping you make a well-informed decision.

What Is Paternity?

Paternity refers to the legal identification of a child’s father. In California, Family Code §§ 7611 stipulates that when a child is born to parents who are not married, the father does not automatically have legal rights or responsibilities concerning the child. Establishing paternity gives the father legal acknowledgment, which has implications for custody, visitation, child support, and inheritance.

Reasons to Establish Paternity

Establishing paternity can be beneficial for several reasons:

  • Legal Rights and Responsibilities: When paternity is established, the father gains legal rights, including the right to seek custody or visitation. Additionally, he becomes responsible for child support, ensuring that he contributes to the child’s upbringing financially.
  • Emotional and Social Benefits: Knowing who the father is can have emotional benefits for the child. It can foster a greater sense of identity and belonging, helping to establish a relationship between the child and their father.
  • Health Benefits: Establishing paternity may provide vital medical and family history, which can aid in future healthcare decisions for the child.
  • Financial Support: Establishing paternity solidifies the child’s right to financial support from both parents, which can be crucial for the child’s development and education.
  • Inheritance Rights: Establishing paternity ensures that a child has the right to inherit from their father, which can have significant legal and financial implications in the long run.

When You Might Hesitate

On the other hand, there may be reasons to hesitate before deciding whether to have the father establish paternity:

  • Relationship Dynamics: If you are unsure about the father’s intentions or if there are unresolved conflicts between you and him, establishing paternity may complicate your relationship further. In some cases, a lack of commitment or past abuse can raise concerns about making the relationship more complex legally.
  • Concerns Over Child Support: If you feel that the father may not provide adequate financial support or may potentially cause conflicts regarding payments, you may have reservations about taking this step.
  • Past Behavior: If the father has a history of instability or unsuitability that raises concerns regarding his ability to parent effectively, you might question whether it is in your child’s best interest to establish paternity.

Steps to Establish Paternity in California

If you decide to move forward with establishing paternity, here are the steps involved:

  1. Acknowledgment of Paternity (AOP): If both parents agree, they can fill out the Acknowledgment of Paternity form, which both parents must sign. This can usually be done in the hospital at the time of the child’s birth or later.
  2. Court Order: If the parents do not agree, one parent (usually the mother) can file a petition with the family court, which will require DNA testing to establish paternity.
  3. DNA Testing: If there is uncertainty, a court-ordered DNA test can confirm paternity. DNA testing is highly accurate, and results generally effectively determine biological relationships.
  4. Finalizing Paternity: Once paternity is established, either through a mutual signing of the AOP or a court order, the father’s name is added to the birth certificate. This finalizes the father’s legal association with the child.

Establishing paternity can also influence custody and visitation arrangements. Once he is recognized as the legal father, he can seek custody and visitation rights through the family court system. Establishing paternity does not guarantee shared custody, but it is a necessary first step if he wishes to be involved in his child’s life legally.

Considerations Before Making a Decision

Before deciding whether to have the father establish paternity, consider the following:

  • Communication: Open lines of communication with the father can help clarify intentions and expectations regarding parenting. Discuss your feelings and any concerns you may have.
  • Legal Consultation: Consult with a Certified Family Law Specialist like Judy Burger. She can help you understand your rights, obligations, and how establishing paternity can impact your unique situation.
  • Child’s Best Interests: Your decision should ultimately center around what is best for your child. Consider the long-term implications for their well-being, support, and relationship with both parents.

Get Answers to Paternity Questions in CA

Deciding whether to have your baby’s father establish paternity in California is a significant choice that can shape your child’s future. Weigh the benefits against any potential drawbacks, consider the dynamic between you and the father, and think about what aligns best with your child’s needs.

Seeking legal guidance can also empower you with the knowledge to make the best decision for yourself and your child. Contact The Law Offices of Judy L. Burger to schedule a free consultation.

 

Can I Ever Obtain Full Custody of My Child After Having Only Supervised Visitation?
California Divorce, Child Custody, Marriage, Visitation

Can I Ever Obtain Full Custody of My Child After Having Only Supervised Visitation?

Supervised visitation is often a tricky and emotional arrangement stemming from numerous complex circumstances. Many parents wonder if it’s possible to transition from supervised visitation to full custody. In California, the court prioritizes the best interests of the child when making custody decisions. CA Certified Family Law Specialist Judy L. Burger shares what you need to know about pursuing full custody after having only supervised visitation.

Understanding Supervised Visitation

Supervised visitation means that a parent can only spend time with their child in the presence of a third party. The goal of supervised visitation is to ensure the child’s safety while allowing the non-custodial parent to maintain a relationship with their child.

California courts order supervised visitation when there are concerns about a child’s well-being during unsupervised visits. Here are some common reasons a judge may mandate supervised visitation:

  • Substance Abuse: When a parent has ongoing substance abuse issues, such as repeated relapses or incomplete treatment, the court may require supervision until the parent demonstrates sustained sobriety.
  • Domestic Violence: If a parent has a history of domestic violence, especially when the child has been exposed to such behavior, this can justify the need for temporary or long-term supervised visitation.
  • Unsafe Living Environment: An unsafe living situation, which may include unsanitary conditions or the presence of dangerous individuals, can also lead to the requirement for supervised visits.
  • Mental Health Concerns: Mental health issues become significant when a parent’s untreated condition affects their ability to care for the child.
  • Abuse or Neglect: Allegations or confirmed cases of abuse or neglect typically result in the requirement for supervised contact.
  • Parental Alienation: When one parent actively interferes with the child’s relationship with the other parent, the court may require a neutral party to supervise visits.

Is Full Custody Possible?

Yes, it is possible to obtain full custody of your child after having only supervised visitation, but it requires demonstrating considerable changes in circumstances. Here are the key factors to consider:

Showing Positive Changes

Courts will look for evidence that you have made significant improvements or changes that address the concerns that led to supervised visitation. This could involve completing a rehabilitation program, undergoing therapy, or demonstrating stability in your personal life, such as consistent employment and a safe living environment.

Documenting Progress

Keeping detailed records of your progress is vital. Document attendance in therapy or counseling, participation in parenting classes, and any positive feedback received from professionals involved in your case. This evidence can be presented during custody hearings to support your request for increased custody rights.

Requesting a Modification

To pursue full custody, you will need to file a motion to modify the existing custody arrangement. The court process typically involves demonstrating to a judge that a significant change in circumstances has occurred and that it would now be in the best interest of the child to change the visitation terms.

Proving the Child’s Best Interests

In any custody matter, the overriding principle is what serves the best interests of the child. This means you’ll need to show that moving to full custody aligns with their emotional, educational, physical, and psychological needs.

Co-parenting and Communication

If possible, demonstrate a willingness to co-parent effectively and communicate with the other parent. Courts often look favorably upon parents who can work collaboratively for the benefit of the child.

Legal Representation

Considering the complexities involved, it’s advisable to seek legal counsel. A family law attorney like Judy Burger can provide guidance on how to effectively present your case for full custody and navigate the court system.

Considerations Before Pursuing Full Custody

Before embarking on the journey to obtain full custody, consider the following:

  • Impact on the Child: Change can be disruptive. Ensure that the transition to full custody will be stable and beneficial for the child.
  • Opposition from the Other Parent: Be prepared for potential pushback from the other parent. Having legal representation can help navigate disputes.
  • Custody Evaluations: Sometimes, the court may order a custody evaluation to assess the parenting capabilities of both parents. Be prepared for this possibility and approach it with transparency and honesty.

Get Help Moving from Supervised Visitation to Full Custody in CA

Obtaining full custody after having only supervised visitation is an attainable goal, provided that you can demonstrate a genuine commitment to positive changes and a dedication to your child’s well-being. The path to achieving full custody can be challenging, but with the right approach and support, many parents successfully make this transition.

Schedule a confidential consultation with CA Certified Family Law Specialist Judy L. Burger. She can help you understand your rights and the steps necessary to seek a modification of custody and provide essential guidance tailored to your specific needs and circumstances.

 

How Does Social Media Affect My Child Custody Case?
California Divorce, Child Custody

How Does Social Media Affect My Child Custody Case?

Social media content, including posts, pictures, comments, and videos, can be used as evidence in child custody cases, potentially impacting your outcome. Careful consideration of your online presence is crucial during a custody battle. California Certified Family Law Specialist Judy L. Burger knows social media’s power and potential impacts, providing significant insight into this challenge.

How Social Media Can Affect Your Child Custody Case

Family court judges put the children’s best interests first when determining custody arrangements. Parental behavior is closely scrutinized. Carrying on as usual by posting anything and everything on your social media accounts is a grave mistake. Your spouse’s attorney will put everything online under the microscope and use it against you. Even deleting posts does not help – screenshots of past messages and posts can come back to haunt you.

Here are some ways social media can negatively impact your child custody case:

  • Evidence of Parental Fitness: Judges can use social media posts to assess a parent’s character, lifestyle, and ability to provide a stable and safe environment for a child. 
  • Risky Behavior: Pictures or videos showing excessive partying, drug use, or criminal activity can raise concerns about your ability to care for a child. 
  • Negativity and Conflict: Negative comments about the other parent or public sharing of conflicts can be seen as evidence of hostility and a lack of ability to co-parent. 
  • Parenting Style and Values: Your social media presence can reflect your parenting style, values, and involvement in the child’s life. 
  • Child’s Privacy: Violating a child’s privacy by posting excessive photos of them online could lead to negative consequences and be a source of conflict with the other parent. 
  • Inconsistencies and Misrepresentations: Social media posts can be used to prove financial discrepancies or inconsistencies regarding a parent’s claims. 
  • Emotional Impact: Social media during a custody battle can be stressful and add to the emotional burden of the situation. 
  • Harassment: Social media can be used for harassment and cyberstalking. If one parent uses social media to harass, threaten, or intimidate the other parent, this can result in criminal charges.

Remember, social media posts are often accessible to law enforcement, prosecutors, and private investigators without a warrant.

Tips for Managing Social Media During a Custody Case

CA Child Custody Lawyer Judy Burger recommends the following to guide your social media activity during your custody case:

  1. Exercise Caution: Be mindful of what you post, especially regarding your ex-spouse, the child, or lifestyle. 
  2. Adjust Privacy Settings: Use your social media platforms’ privacy settings to control who can see your posts and profile information.
  3. Avoid Negative Comments: Refrain from posting negative comments or engaging in public arguments about your ex-spouse. 
  4. Be Strategic: If you wish to share photos or information about your children, do so cautiously, focusing on positive interactions and involvement. 
  5. Review Posts and Comments: Review your social media activity and be prepared for any negative repercussions or requests for screenshots during the custody case. 
  6. Less is More: If you have any doubts about what to share, don’t share anything.

What If My Spouse Uses Social Media Against Me?

If your spouse uses your social media posts against you in a custody battle, it’s a serious situation, but not insurmountable. Focus on demonstrating your ability to co-parent effectively and consult with Attorney Judy Burger to strategize on addressing this issue. Here are some valuable strategies:

  • Focus on the Facts: Present a case highlighting your positive qualities as a parent and your commitment to the child’s well-being, focusing on facts and evidence rather than emotional arguments. 
  • Turn the Tables: If you have examples of your spouse’s social media posts, especially ones that demonstrate their own issues, you may be able to use them to rebut their claims. 
  • Be Honest and Accountable: Address the social media posts calmly and rationally, explaining the context or clarifying any misunderstandings.

Seek Legal Advice for Child Custody Matters in California

Social media plays a huge role in today’s digital age. Facebook, Instagram, TikTok, and other platforms showcase people’s experiences, ideas, daily activities, and even their conflicts. This instantaneous connection with the world can have unintended consequences for your child custody case.

Consult with CA Family Law Attorney Judy Burger to understand how social media can affect your specific case and receive guidance on navigating social media during a custody battle. Contact us online or call one of our eight offices near you to schedule a consultation.   

Child Custody Issues After a Natural Disaster
Child Custody

Child Custody Issues After a Natural Disaster

Natural disasters can profoundly impact families, particularly when it comes to child custody arrangements. In California, where wildfires, earthquakes, and floods are common, understanding how these events can affect custody agreements is essential for both parents and guardians. California Certified Family Law Specialist Judy L. Burger discusses the implications of natural disasters on child custody and offers guidance for navigating these challenging situations.

What Impact Can Natural Disasters Have on Child Custody?

The California Department of Forestry and Fire Protection reports that the Palisades and Eaton wildfires consumed 57,660 acres and destroyed over 16,000 structures (as of February 18, 2025).

Natural disasters, including school schedules, work commitments, and living arrangements, disrupt daily life. These disruptions can complicate existing custody agreements for parents who share custody of their children. Here are several factors to consider:

  • Altered Living Conditions: If a natural disaster forces one parent to evacuate or temporarily relocate, it can create challenges in adhering to custody schedules. Parents may need to adjust arrangements to accommodate changes in living situations while ensuring the child’s needs are met.
  • Access to Safe Environments: The safety and well-being of the child should always take precedence. If a parent’s home is damaged or unsafe, it may be necessary to modify custody agreements. Courts will consider the safety of the child when determining temporary arrangements during and after the disaster.
  • Communication Breakdown: Natural disasters can disrupt communication channels. If parents are separated, they might find it difficult to reach each other or to communicate with their children. Establishing a reliable communication strategy before such events occur can be crucial.

Key Considerations for Custody During and After a Disaster

California Certified Family Law Specialist Judy Burger recommends parents consider the following during and after natural disasters occur:

  1. Flexibility and Cooperation: Parents are encouraged to communicate openly and be flexible with one another during times of crisis. Cooperation will help reduce stress for both the child and the parents. Working together to establish temporary arrangements can foster a sense of stability for the child.
  2. Court Orders and Modifications: If a natural disaster necessitates a change in custody arrangements, you should formalize these changes through the court. While temporary modifications can be made informally, documenting changes can help prevent future disputes.
  3. Emergency Plans: Parents should create emergency plans that outline how to handle custody in the event of a natural disaster. This can include designated safe zones, communication methods, and guidelines for travel between homes.

Legal Assistance and Support

California law strongly emphasizes the safety of children during emergencies, such as wildfires. When facing such threats, adhering to court-ordered custody agreements is crucial. Courts understand that emergencies can necessitate prompt decision-making and appreciate actions taken in good faith. This involves acting reasonably and responsibly and prioritizing your child’s safety.

Always inform the other parent about your decisions, maintain thorough documentation of your actions, and seek legal advice. This approach can help clarify intentions and prevent potential misunderstandings.

Custody Agreement Assistance After Natural Disasters

Natural disasters introduce significant challenges for families, particularly regarding child custody arrangements. Ensuring that children’s safety, security, and emotional well-being remain a top priority can lead to better outcomes for all involved. As parents navigate these difficult times, effective communication and legal guidance can help alleviate some of the stress associated with custody issues.

If you find yourself facing custody challenges after a natural disaster, reach out to The Law Offices of Judy L. Burger for expert advice and support tailored to your situation. It’s vital to protect not only your child’s interests but also to ensure that you are prepared for any eventualities that may arise in the future.

 

Reviewing My Parenting Plan for 2025
Child Custody, Child Support, Grandparent Rights

Reviewing My Parenting Plan for 2025

As we enter the New Year, it’s a great opportunity to reflect on and reassess parenting goals and strategies. Begin 2025 by reviewing and enhancing your parenting plan. Whether you’re navigating co-parenting, single parenting, or simply striving to be the best parent possible, reviewing your parenting plan can help ensure that your children have a stable and supportive environment.

CA Certified Family Law Specialist Judy L. Burger explores some recommendations for reviewing and improving your current parenting plan.

Understanding the Current Landscape

The first step in reviewing any parenting plan is to assess how well the current plan has worked for your family in the past year. Here are some critical factors to reflect on:

  • Routine and Structure: Did your daily routines provide enough stability for your children? Are there areas where you need to introduce new routines or tweak existing ones?
  • Emotional Well-Being: How did your children cope with emotional challenges, whether those stemmed from school, friendships, or family dynamics? Are you fostering an environment where they feel comfortable expressing their feelings?
  • Successes and Challenges: What worked well, and what didn’t? Make a note of both triumphs and struggles, from successful family activities to the challenges of juggling schedules.

Other issues you may need to address include changes in your work or living situation, changes in the other parent’s situation, new conflict or tension between parents, or any concerns for your child’s safety. California Family Law Attorney Judy Burger can help you review these and other aspects of your current court-filed parenting plan.

Setting Goals for 2025

Once you’ve established a clear picture of where you are, it’s time to set some goals for the upcoming year:

  1. Enhancing Communication: Effective communication is key. How can you create or improve open channels where your children feel safe discussing their thoughts and feelings? This may involve setting aside dedicated time each week for family discussions.
  2. Nurturing Independence: Children need opportunities to explore independence as they grow. How can you introduce more age-appropriate responsibilities to help them develop confidence and decision-making skills?
  3. Prioritizing Quality Time: Busy schedules can make it challenging to prioritize quality family time. How can you schedule regular family outings, game nights, or even quiet evenings at home?
  4. Educational Support: Education is an ongoing journey. Evaluate how you can best support your children academically, whether that means being more involved in their school activities, seeking additional resources, or simply providing a conducive homework environment at home.

Life is unpredictable, and plans can change. Flexibility is an absolute must. Just because something has worked in the past doesn’t mean it will work in the future. Be open to adapting your parenting plan as necessary to navigate any unexpected challenges that might arise. Child Custody Attorney Judy L. Burger can offer professional advice when circumstances seem overwhelming or schedules always seem to conflict. She can provide insights and strategies tailored to your unique family dynamics.

Get Help with Your CA Parenting Plan

Reviewing your parenting plan for 2025 is about reflecting on the past, setting goals for the future, and fostering an environment of love, support, and growth for your children. Remember, your parenting plan is filed with the court and becomes a legally binding agreement, so any changes must be resubmitted to the court for approval.

Judy Burger can help you evaluate what works and what doesn’t while offering advice on remaining flexible in your approach as you create a fulfilling and balanced family life. Contact one of our eight offices across California to schedule a consultation.

Understanding Joint Legal Custody
Child Custody, California Divorce

Understanding Joint Legal Custody

In California, joint legal custody is an important aspect of family law, particularly in cases of divorce or separation involving children. CA Certified Family Law Specialist Judy L. Burger wants parents to understand how joint legal custody works so they can make informed decisions about their rights and responsibilities regarding their children’s upbringing.

What is Joint Legal Custody?

The Superior Court of California in San Diego County states, “Joint legal custody means that both parents will share the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.”

This includes decisions about education, health care, religious upbringing, and general well-being. In this arrangement, both parents stay actively involved in their child’s life, even if the child primarily resides with one parent.

The Legal Framework in California

California family law encourages shared parenting and recognizes the importance of both parents in a child’s life. The state typically prefers joint legal custody arrangements unless evidence indicates that one parent is unfit or that joint custody is not in the child’s best interest. Some common joint legal custody arrangements include:

  • Joint legal custody, but primary physical custody is given to one parent, and the non-custodial parent has parenting time on alternate weekends.
  • Joint legal custody and shared physical custody. Both parents alternate days of the week and weekends with the child.
  • Joint legal and joint physical custody, and the parents alternate week on, week off.  This tends to work better for older children as they do not see the other parent for a whole week.  

An experienced California Child Custody Lawyer like Judy Burger can help parents create the best parenting plan possible that reflects joint legal custody and shared physical custody responsibilities.

Key Aspects of Joint Legal Custody

Understanding joint legal custody requires addressing and embracing some critical factors.

  1. Decision-Making Authority: Joint legal custody allows both parents to have a say in significant decisions. This means both parents must communicate and collaborate on schooling choices, medical treatments, and extracurricular activities.
  2. Communication is Essential: Communication between parents is crucial for a successful joint legal custody arrangement. Regular discussions and updates about the child’s development and needs can help avoid conflicts.
  3. Best Interest of the Child: California courts prioritize the child’s best interest when determining custody arrangements. Factors considered include the child’s age, health, emotional ties to each parent, and the parents’ ability to cooperate in raising the child.
  4. Modification of Custody Arrangements: Circumstances can change, and sometimes a modification of custody arrangements is necessary. If one parent believes the joint custody setup no longer serves the child’s best interests, they can petition the court for a review.

Navigating Challenges

Married spouses have joint custody of their children under the law until a court-ordered custody order is in effect. Unmarried mothers have sole physical custody of their children until the father legally establishes paternity. Court-issued custody orders grant certain rights according to the circumstances.

While joint legal custody has many benefits, it can also present challenges, particularly if parents have a contentious relationship. Disagreements may arise about crucial decisions, and handling these disputes constructively is vital. Certified CA Family Law Specialist Judy Burger can help facilitate communication and negotiations between parents, aiming for solutions prioritizing the child’s needs.

CA Child Custody Attorney

Joint legal custody in California fosters a collaborative approach to parenting after separation or divorce. By ensuring both parents remain involved in their child’s upbringing, it provides stability and continuity in the child’s life. Understanding the intricacies of joint legal custody can empower parents to work together, ultimately benefiting their child’s overall well-being.

If you’re navigating custody issues, seek legal advice from CA Child Custody Attorney Judy L. Burger to ensure that your rights and those of your child are fully protected. Contact one of our eight California offices directly by phone or request a consultation by completing the contact form.

 

Preparing for Life with Shared Child Custody
Child Custody, California Divorce

Preparing for Life with Shared Child Custody

Shared child custody is a significant aspect of family law in California, and it’s crucial to be well-prepared for this arrangement to ensure the well-being of your children. When parents separate or divorce, shared custody can provide stability and continuity for the children’s upbringing. Certified Family Law Specialist Judy L. Burger shares some essential considerations to prepare for life with shared child custody in California.

Understanding Shared Child Custody

Shared child custody, also known as joint physical custody, involves both parents sharing significant and roughly equal amounts of time with their children. This arrangement aims to ensure that both parents play an active role in raising and caring for their children.

Shared physical custody is not the same as shared legal custody. In shared legal custody, both parents share the rights and responsibilities for making important decisions about the children. Sharing physical custody means that both parents create a working arrangement where the children live with each parent some of the time.

While the courts operate on a general 50-50 basis, parents must decide what works best for their family. Child Custody Attorney Judy Burger can help you create the most feasible arrangement. Here is how she can help:

Create a Co-Parenting Plan

Developing a comprehensive co-parenting plan is essential for shared child custody. The plan should outline the specific schedules for when the children will be with each parent, including weekdays, weekends, holidays, and school breaks. It should also address decision-making responsibilities regarding the children’s education, healthcare, and extracurricular activities.

Promote Effective Communication

Effective communication between co-parents is vital for the success of shared child custody. Open and respectful communication can help in coordinating schedules, addressing concerns about the children, and making important decisions together. Utilizing various communication tools and platforms can facilitate ongoing, positive interaction.

Prioritize the Children’s Best Interests

In shared child custody, both parents must prioritize the best interests of their children. Judy Burger can help foster a nurturing and supportive environment in both households, encourage the children’s relationships with both parents, and maintain consistency in parenting approaches.

Addressing Child Support and Expenses

In shared child custody, child support arrangements and the allocation of expenses should be clearly defined. Both parents should agree on how they will share the financial responsibilities of raising their children, including costs related to education, healthcare, extracurricular activities, and other needs.

Flexibility and Adaptability

Shared child custody requires flexibility and adaptability from both parents. It’s essential to be open to adjusting schedules and arrangements as the children’s needs and circumstances evolve. Collaborating and making compromises can contribute to a successful shared custody experience.

Seek Legal Guidance for Child Custody Matters in CA

Navigating shared child custody arrangements can be complex, and legal guidance is essential. CA Certified Family Law Specialist Judy Burger is a knowledgeable attorney who can help you understand your rights, obligations, and options under California family law and prepare the best shared custody arrangement for your children’s best interests.

Preparing for life with shared child custody in California involves careful planning, effective communication, and prioritizing the children’s well-being. Parents can navigate shared custody arrangements with greater confidence and clarity by creating a solid co-parenting plan, promoting positive communication, and seeking legal guidance when needed.

Because each family’s situation is unique, it’s essential to tailor the shared custody arrangement to fit your family’s specific needs and dynamics. Judy Burger begins with the right approach and a focus on cooperation to help your family create and enjoy a stable and nurturing environment for children to thrive despite their parents living in separate households. Contact us at the nearest office to learn more in a confidential consultation. 

How Can I Prepare for Sole Custody of My Child?
Child Custody

How Can I Prepare for Sole Custody of My Child?

Are you ready to take responsibility for sole custody of your child? California family courts generally grant joint custody to both parents in a divorce. Obtaining sole custody can be a difficult and involved process, and you need significant assistance from a knowledgeable legal professional. Certified CA Family Law Specialist Judy L. Burger offers some tips to prepare for sole child custody.

What Is Sole Custody?

Sole custody, also known as full custody, is a legal arrangement in which one parent or guardian has the exclusive right and responsibility to make decisions about the upbringing of the child and has the primary physical custody of the child. This means that the child lives with one parent most of the time. The other parent may have visitation rights or parenting time, but they do not have the legal authority to make decisions about the child’s upbringing. In sole custody cases, one parent has the ultimate authority and responsibility for the child’s well-being.

Steps to Prepare for Sole Custody of Your Child in CA

Custody orders are granted by the family court. Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.  

Family Law Attorney Judy Burger can help you with the following steps to file for sole custody of your child in California.

Create a Parenting Plan

When spouses with children separate, they must create a parenting plan to present to the court. Many couples can work out an equitable plan that the court can simply approve. A parenting plan reflecting a sole custody arrangement will likely meet with disapproval by the other parent. 

When domestic violence has occurred, the law allows the court to grant sole custody in order to protect the children and abused spouse. There is specific paperwork for requesting sole custody in domestic violence cases.

Gather The Evidence to Support Sole Child Custody

A family court judge will need convincing evidence to grant one parent sole custody. This evidence must basically prove the other parent is unfit to care for the child. However, it must also prove that you are fit and able to care for the child. The court will consider:

  • Domestic violence history or charges
  • Police reports
  • Medical evidence
  • Witness statements
  • Correspondence
  • Employment history
  • Housing situation
  • Emotional and physical health of the parent
  • Age and health of the child
  • Emotional ties between the parents and the child
  • The child’s ties to the community, family, school, etc.

The primary consideration is always the child’s best interests.

File a Custody Petition with the Court

Your attorney will help you collect the necessary evidence and complete other required paperwork to file a sole custody petition with the court. Completing forms correctly and including all pertinent information is critical. Documentation you may need can include:

  • Parenting plan
  • Request for orders on child custody and visitation
  • Petition to establish a parental relationship
  • Petition for custody visitation
  • Petition for dissolution
  • Official statement about domestic violence (Form MC-030)

CA Custody Attorney Judy Burger can review your case, determine the specific documents you need, and help you complete them correctly.

Attend a Child Custody Court Hearing

After filing for custody, you must attend a child custody court hearing. During the hearing, the judge will review your parenting plan and custody petition and listen to arguments from both sides. The judge will then decide on the custody arrangement that is in the child’s best interest.

Attorney Judy Burger specializes in family law in California and can assist you in securing the best custody and support arrangements for your case. She can help you understand the custody hearing process, gather evidence, prepare for testimony, anticipate challenges during the hearing, develop a parenting plan, and advocate for your interests.

Get Help with Child Custody in California

If you have a child custody case in California, the Law Offices of Judy L. Burger will guide you through the process and fight for your rights. Contact us today to schedule a consultation and get the support you need. 

Top 10 FAQs About California Military Divorce
California Divorce, Child Custody, Child Support, Property Division, Visitation

Top 10 FAQs About California Military Divorce

Serving in the armed forces can place an incredible strain on a marriage. In fact, the current divorce rate among military couples is around 4.8%, compared to about 2.5% in the general population. Military divorce is essentially the same as a civilian divorce, except some federal laws will apply. Certified Family Law Specialist Judy L. Burger shares the top ten frequently asked questions she often fields about California military divorce.

#1. Do I Need a Military Lawyer (JAG) for a Military Divorce?

While most military posts have legal assistance attorneys from the Judge Advocate General’s Corps available for advice, they do not handle divorces. You need a family law/divorce attorney in your state to handle your military divorce. To file for divorce in California, one of the spouses must be a California resident for at least six months and have lived in the filing county for at least three months.

#2. Will the Military Serve Divorce Papers to My Spouse?

The military services may help you locate your spouse, especially if they are on an overseas deployment, but they are not required to serve divorce papers for you. A California divorce lawyer can help you serve divorce papers.

#3. Can I Get a Default Judgement for a Military Divorce in California?

While default judgments in many civil law cases are permissible, the Servicemembers Civil Relief Act (SCRA) prevents this in military divorces. The court may permit up to a 90-day delay to allow active-duty service members to respond to a divorce petition.

#4. Does Child Custody Automatically Go to the Non-Military Spouse in a Military Divorce?

This is a popular misconception that is false. California courts do not discriminate against active-duty military parents when deciding child custody issues. The court will consider all relevant factors and decide according to the child’s best interests.

#5. Are Military Service Members Required to Pay Child Support?

A California family law court may order child support from either spouse, regardless of if they are military or not. However, a service member’s child support obligation cannot exceed 60% of their disposable income. Spousal and child support is taken seriously in the military, as is paying any debt. Service members who fail to meet their financial obligations may be subject to court martial or other disciplinary actions.

#6. How Is Property Divided in a Military Divorce?

California’s “community property” laws apply when dividing property in a military divorce. However, some federal provisions apply to benefits like military pensions. CA Family Law Attorney Judy Burger can explain more about military divorce property divisions in a confidential consultation.

#7. Can I Still Get Military Benefits After a Divorce?

Asset divisions in a military divorce are often governed by the “20/20/20 Rule.” In order to receive military benefits after divorcing a service member:

  • You must have been married for at least 20 years.
  • Your ex-spouse must have served in the military for at least 20 years.
  • Your 20 years of marriage must overlap with 20 years of your ex-spouse’s military service.

This only applies as long as you do not remarry. There are variations to this rule, so consult with a Military Divorce Lawyer like Judy Burger for the most up-to-date information.

#8. Will the Military Pay to Move a Spouse Back to the United States After a Divorce?

In the event of a divorce occurring overseas, the military may cover the moving expenses of the nonmilitary spouse. Typically, other moving expenses are subject to negotiation and are determined as part of the final divorce agreement.

#9: I’m Originally from Another State. Can I Get a Military Divorce in CA?

Yes. If you and your military spouse are stationed in California and you have established residency here for at least six months, you can file for a divorce in California.

#10. Where Do I Start a Military Divorce in California?

Contact The Law Offices of Judy L. Burger for more information about Military Divorce in California. We have eight offices throughout the state, and several are convenient to major military bases. Get the experienced help and guidance you need in a military divorce. Contact us today to schedule a confidential consultation near you.

Father’s Rights in California
California Divorce, Child Custody, Child Support, Termination of Parental Rights

Father’s Rights in California

Popular myth perpetuates the misnomer that mothers have more rights than fathers in divorce and child custody. This is simply not true. California law seeks to treat mothers and fathers equally unless a parent surrenders their rights or mitigating circumstances warrant different arrangements. Knowing a father’s rights in California is critical to avoiding serious mistakes during custody and other arrangements.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about a father’s rights and help you be treated fairly in child custody negotiations. Here are some important elements of a father’s rights in California.

Child Custody, Support, and Visitation and California Law

According to California Law Family Code Section 3020(b), children are to have “… frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child-rearing in order to effect this policy, except when the contact would not be in the best interests of the child…”

Section (c) states, “… a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members…”

Custody

Fathers should never assume that mothers automatically receive primary custody of a child. California law upholds equal rights for a legally established father to have primary custody of his child. He may also be eligible to receive child support from the mother.

Support

Non-custodial parents typically must pay child support according to state guidelines and the family’s court’s orders. This support agreement is calculated by reviewing both parents’ income, age, and other relevant factors. As stated earlier, fathers can be custodial parents and receive child support from a child’s mother.

Visitation

Fathers enjoy equal visitation rights to their children in California when there are no mitigating factors. Visitation agreements may include modified schedules for summer or holidays that even provide non-custodial parents with more time. In most cases, it is illegal for a custodial parent to prevent the non-custodial parent from visiting with their child.

Establishing Paternity in CA

Establishing your paternity is vital to enjoying your rights as a father. No custody, support, or visitation agreements including you may be established without this legal declaration. Married parents can establish this without legal action. Unmarried fathers may require a court action establishing their paternity. Family Law Attorney Judy Burger can help you legally establish paternity in California.

Declaration of Paternity

Unmarried parents may both complete and sign a Declaration of Paternity. This has the same status as a court order to establish paternity and doesn’t require going to court.

Petition to Establish a Parental Relationship

When there is a dispute between the birth mother and a potential father about paternity, the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A family law judge will review evidence presented in court and establish or deny paternity. A birth mother may also file this petition to establish the parentage of her child’s father in order to secure child support.

Exercise Your Father’s Rights in CA

Fathers have the right to be part of their children’s lives in California. Don’t surrender your rights or otherwise accept a poor custody and visitation agreement as a father. The law guarantees you equal treatment to enjoy parenthood even after a separation or divorce. California Certified Family Law Specialist Judy Burger can explain more about fathers’ rights and negotiating equitable custody, support, and visitation agreements in a confidential consultation.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.