Handling Custody When a Child Has Three Parents
Child Custody

Handling Custody When a Child Has Three Parents

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Parentage is not always easy to determine in a divorce. Custody issues may arise when a child’s biological parents separate, then reconcile. Sometimes a third party, not biologically related to the child, takes on the role of parent. When a child has three or more parents, how will courts make difficult, yet important, custody decisions?

When Biology Isn’t Enough.

One court case brought up an interesting situation involving two biological parents who were not married and one parent’s spouse. The case of In re M.C. involved a child whose mother conceived a child with her boyfriend, but married her girlfriend before the child was born. The mother’s wife began serving as parent of the baby. The biological father acknowledged the child and provided some financial support.

The mother separated from her spouse, and then was incarcerated. The child went into foster care. Courts trying to determine custody faced a dilemma. All three parents could be considered to be a parent to the child. However, the mother could not care for the child, and her wife had no biological link to the child. The biological father lived in another state and had little to no contact with the child. California law at that time forced judges to recognize only two parents for a child.

California Senate Bill No. 274 – The Third Parent Law.

After In re M.C., the California legislature proposed and passed a law authorizing a court to determine that a child may have more than two parents. Courts must look closely at parent-child bonds, instead of just the biology of the situation.

Sometimes denying custody to a person with a parent-child bond would harm the child. Court may now may recognize more than two parents. Although three-parent families are most often talked about, the law does not limit courts to determining a specific number of parents.

Custody, Visitation, and Support.

In any divorce proceeding involving children, the courts make determinations based on the best interests of the children. Three-parent family situations are no different.

Allocation of custody between parents, no matter how many, is based factors like the health, safety, and welfare of the child.

Custody and visitation arrangements between parents should focus on providing a stable environment for the children. A parent deemed unfit by the court may be excluded from joint legal or physical custody. Visitation may be limited or supervised for any of the multiple parents.

Learn More About Filing for Divorce.

It doesn’t matter why the child has three parents. What matters, what always matters in child custody issues, is that everything be done with the best interests of the child in mind.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Oakland, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.

Family Dispute Resolution: How It Is Used in Custody Disputes?
California Divorce, Child Custody

Family Dispute Resolution: How It Is Used in Custody Disputes?

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Our children are near and dear to our hearts. When marriages break up, many of the most difficult issues pertain to a couple’s children. Most of the time, both parents want what is best for the kids. However, it can be difficult to come to an agreement about how to handle custody and visitation issues because parental judgment may differ. That’s where family dispute resolution comes into play.

In an ideal circumstance, parents have similar ideas about what is best for their kids in terms of where the kids should live, go to school, and so on. Sometimes, however, they do not. In an even worse circumstance, one or both parents does not have the child’s best interest at heart or is not healthy enough to have a proper perspective on what is best for the child.

It is in circumstances like these that family dispute resolution is used by the court system. When the parents cannot come to an agreement, the family dispute resolution program helps by conducting services such as child custody evaluations and mediations.

The goal is to help families craft their own agreement about child custody and visitation issues. Dispute resolution allows parents to play a critical part in creating their own agreement for the approval of a judge. When it is successful, dispute resolution can often help the parties avoid a hearing in front of a judge about controverted issues.

The law sets forth three goals when family dispute resolution is used for custody or visitation matters:

  • mitigating negative relationships between the parents;
  • developing an agreement that serves the child’s best interests in a way that, ideally, continues contact with both parents; and
  • resolving custody and visitation issues in the best interest of the child.

At the end of family dispute resolution, the mediator helps to draft the parties’ agreement.

If you have questions about custody or visitation issues, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

Will a California Judge Listen to My Child’s Preferences About Custody?
Child Custody, Visitation

Will a California Judge Listen to My Child’s Preferences About Custody?

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If you have ever wondered whether a judge will listen to your child’s preferences about custody or visitation, you are not alone. There is a short answer: Yes, under certain circumstances. However, there is much more to the story, and there are common misconceptions about the effect of the child’s preferences.

To understand the longer answer, you have to start with California law. In 2012, the California State Legislature enacted a law to give children more of a voice in custody and visitation matters. The law applies when a child is mature enough by “age and capacity to reason so as to form an intelligent preference” about custody or visitation.

The law has a specific provision when the child at least 14 years old, specifically with regard to how the child’s preferences are obtained and presented to the court. For these older children, the court “shall consider, and give due weight to” the child’s wishes unless doing so “is not in the child’s best interest.”

For kids less than 14 years of age, the court may permit the child to express his or her wishes if it is “appropriate pursuant to the child’s best interests.”

Any time a court does not allow a child to testify as a witness, the court must allow alternative means to obtain the child’s input. For example, the court may be informed of the child’s preferences through the child’s lawyer, an evaluator, or a mediator.

There is a common misconception that a court will necessarily do as the child asks.  This is not true. Even when the court does hear from the child, the court is not bound to follow the child’s preference. Rather, the court’s guiding principle is the best interest of the child. For this reason, the court can consider issues such as parent manipulation of the child and the child’s desire to avoid parental rules or discipline.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in child custody and visitation matters and can advise you in detail about how courts deal with these issues. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Contesting Parentage in California
Child Custody, Child Support

Contesting Parentage in California

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It goes without saying that being a parent comes with both rights and responsibilities. Nowhere is this more evident than in legal proceedings that relate to families. In the realm of family law, a child’s parents have the right to request custody and visitation. However, they also have the responsibility of supporting the child, sometimes by paying child support, uninsured healthcare costs, and child care costs.

When a child is born, the mother’s name is listed on the birth certificate. If the mother is married at the time of birth, her husband is presumed to be the father, and his name is also placed on the birth certificate. Likewise, if the mother was married at the time the child was conceived, that man is presumed to be the father and is listed on the certificate.

If the mother is not married, determining who the father is can be more complicated. A very common way of establishing paternity is through a voluntary Declaration of Paternity completed by the parents. Outside of a presumption or voluntary declaration, court proceedings are often used to determine the child’s father. You can read more about paternity at our earlier blog here.

But what happens when a man disputes that he is the father of the child? Indeed, much is at stake for everyone involved — the mother, the putative father, the child, and the state of California.

The California Family Code reaffirms that the state has a compelling interest in establishing child paternity and that both parents have a duty to support their children. This makes sense because parentage affects many rights:

  • child support;
  • child custody and visitation;
  • health insurance;
  • military benefits, survivors’ benefits, and Social Security benefits; and
  • inheritance rights.

When a parent does not support a child, the child suffers. However, the child’s family and the state are also often negatively affected.

The state child support agency can request that a court establish the paternity of a child. Others who may start a paternity suit include the mother, the child’s personal representative, and, of course, the father. A man has the legal right to request a genetic test to determine whether he is the biological father of a child.

Under California Family Code § 7575, if a man who signed a voluntary declaration of paternity is determined by genetic testing not to be the father, the court may still refuse to set aside the declaration. The court’s decision in this regard is focused on the best interest of the child.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters, including challenges to paternity. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Child Custody

Supervised Custody Exchanges in California

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Supervised Custody Exchanges in California
One of the most difficult aspects of divorce is its effect on children. It is particularly hard for children when their parents do not speak to each other or, worse yet, fight when they do. The public policy of the state of California is to support the best interest of the state’s children. One way this is done is by providing for supervised custody exchanges.

Supervised custody exchanges are designed to make it easier for parents to transfer the child between one another. A neutral third party supervises the exchange. In fact, the parents need not see each other at all.

By preventing the parents from interacting, supervised custody exchanges reduce the negative impact of divorce on California’s children. They also reduce the likelihood that children will be exposed to foul language, physical hostility between the parents, or discussions of adult issues.

Supervised custody exchanges are carried out at a neutral location. By way of example, the two parents would report to the same location, such as a school, but at different times. Each would wait in a separate room. Once everyone was there, the child and his or her belongings would be transferred from one parent to the other by way of the neutral third party. In this way, the parents would not need to encounter one another at all, even in the parking lot.

As with California’s supervised visitation program, the core of supervised custody exchanges is the safety of the child and other involved parties, followed by the best interest of the child. You can read more about supervised visitation at our earlier blog here.

An experienced California family lawyer will advocate for the custody and visitation plan that is best for your children. If you are involved in a difficult divorce or separation, contact the Law Offices of Judy L. Burger. We have decades of experience in contested divorce and custody issues, and we will put our experience to work for you. Call (415) 259-6636 to get started today.

Child Custody, Child Support, Visitation

What Does It Mean to Establish Paternity?

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What Does It Mean to Establish Paternity
Most people know that establishing paternity relates to naming someone as a child’s legal parent. However, many people are less clear about why it is important to establish paternity, also known as parentage.

When a child’s mother is married at the time the child is conceived or born, the person to whom she is married is automatically presumed to be the other parent, unless the court finds otherwise based on evidence before it. This presumption also applies to certain couples in registered domestic partnerships, as well as to situations in which the second parent openly treated the child as his or her own.

However, if the mother is not married at the time the child is born, the child does not have a second legal parent. In these cases, California provides two simple ways to establish parentage: a formal declaration of paternity or a court order.

In either case, once someone is established as a child’s legal parent, he or she gains both rights and responsibilities relating to the child. Only after parentage is established may that parent exercise parental rights, such pursuing custody and visitation. Additionally, until parentage is established, a person cannot be held legally responsible to pay child support.

While custody, visitation, and child support are all important reasons to establish parentage, there are many others:

  • The child’s right to inherit from the parent;
  • The child’s right to certain benefits related to the parent, such as Social Security and veteran’s benefits;
  • The child’s ability to access family medical records and history;
  • The right to recover certain government-provided benefits on behalf of the child;
  • The presence of the person’s name as a parent on the child’s birth certificate; and
  • The child’s ability to recover as a health or life insurance beneficiary from the person.

In addition to these concrete benefits, California law recognizes that “knowing one’s father is important to a child’s development.”

Declaration of Paternity

The simplest way to establish parentage is through a declaration of paternity signed voluntarily by both parents. This is a state-created a form that has the same effect as a court order when it is filed with the California Department of Child Support Services. By law, birthing hospitals and prenatal clinics must provide a voluntary declaration of paternity to an unmarried mother. The declarations are also available for free “at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments.”

A parent who signs a declaration of paternity waives several legal rights, such as the right to have a court decide the issue of paternity and the right to legal representation in paternity proceedings.

Court Order

A court order is the second way parentage may be established when a mother is unwed at conception or birth. Either parent may petition a court to establish parentage. For example, a mother may ask a court to enter an order establishing a biological father as her child’s legal father. After this is done, the mother can pursue child support from the father. Similarly, a biological father may ask a court to establish him as the father, after which he may pursue custody or visitation with the child.

Parentage is the basis for many rights and responsibilities under California law. If you are involved in a parentage dispute, you want an attorney with substantial experience in Northern California who will represent you aggressively. Please contact the Law Offices of Judy L. Burger at (415) 259-6636 to learn more.

Child Custody

What Is a Child Custody Investigation?

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What Is a Child Custody Investigation
A child custody investigation is designed to help the family court determine the custody arrangement that is in the “best interest of the child.” In acrimonious divorce or legal separation proceedings, the parties may be vying for custody of their children. It can be difficult for a judge, sitting in a courtroom, to balance the evidence and determine what is best for the children. Child custody investigations can help identify and frame the issues the judge needs to resolve.

Child custody investigations are required by law any time there is a “serious” allegation of child abuse. This includes situations in which any of the following people allege child abuse:

  • The child, made to a law enforcement officer;
  • A child welfare services agency investigator; or
  • Any person who is required by law to report suspected child abuse.

A child custody investigation may also be ordered any time an allegation of serious child abuse “is supported by substantial independent corroboration.” This means that an evaluation may be ordered any time an allegation of serious child abuse is backed up by substantial independent evidence that the abuse occurred.

A child custody evaluation may also be ordered whenever a judge needs information that bears on what may be in the best interest of the children, such as alleged parental substance abuse, extreme parenting practices, or major mental health issues. Sometimes, one party to a divorce or legal separation may make allegations against the other of these types of conduct. Other times, the judge may become concerned based on other evidence or testimony presented to him or her.

Child custody investigations generally conclude with a report from the investigator to the court. The law sets forth minimum requirements for investigations; however, family court judges have great discretion to order additional evaluation “when necessary to determine the safety needs of the child.”

To read more about what happens during a child custody investigation, please see our earlier blog here.

Child custody evaluations are often necessary to protect California children. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.
Child Custody, Visitation

How Does a Temporary Move Out of the Family Home Affect Custody and Visitation Decisions?

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How Does a Temporary Move Out of the Family Home Affect Custody and Visitation Decisions
After a decision to divorce or separate is made, one parent sometimes moves out while the other parent stays in the family home with the children. We are often asked about the effect of this move on court decisions relating to custody and visitation.

Divorce and legal separation are difficult events for everyone involved, especially children. Children, particularly younger ones, often do not understand what is happening. Even older children may not understand the full implications of the end of an adult couple’s relationship. For these reasons, the guiding principle for California custody and visitation decisions is the “best interest” of the parties’ children.

California law does not allow a court to consider short absences of a parent from the family home in its custody and visitation decisions as long as the following three criteria are met:

  • The party showed an interest in maintaining custody or visitation;
  • The party either maintains or makes reasonable efforts to maintain regular contact with the child; and
  • The party shows no intention to abandon the child.

Even if these criteria are not met, a California judge will not consider a temporary absence or relocation from the family home if it is due to actual or threatened domestic violence. For example, if a husband has been physically abusive toward his wife and she moves out of the family home as a result, the court will not hold her absence from the home against her in its custody and visitation decisions.

These laws do not apply to a parent who has abandoned a child or to a parent who is excluded from the home by a court-issued protective or restraining order.

The health and well-being of your children are important not only to you, but to the State of California. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.
Child Custody, Domestic Violence

How Does a Finding of Domestic Violence of a Parent Affect Child Custody Orders?

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How Does a Finding of Domestic Violence of a Parent Affect Child Custody Orders?

Nothing affects children like domestic violence. Recognizing this, California courts are empowered to deal harshly with the custody and visitation rights of those found to have committed domestic violence. Before a parent’s rights may be impacted, however, certain requirements must be met.

Domestic violence is defined to include causing or attempting to cause bodily injury or sexual assault, placing someone “in reasonable apprehension of imminent serious bodily injury to that person or another,” as well as “threatening, striking, harassing, destroying personal property or disturbing the peace of another.” Domestic violence is not limited to physical conduct but includes oral or written conduct that otherwise fits the definition of the law.

The first requirement of the law is that there must be a court finding of domestic violence in the last five years. This requirement can be met in two ways:

  • The person has been convicted of domestic violence or abuse, as defined in specific California laws; or
  • Any court has made a finding that the person committed domestic violence.
The requisite finding cannot be based solely on either a child custody evaluator’s conclusions or a Family Court Services staff member’s recommendation. Rather, the court must consider “any relevant, admissible evidence submitted by the parties” in making its finding.

After the first requirement is met, “there is a rebuttable presumption that an award of . . . custody [to that person] . . . is detrimental to the best interest of the child.” This means that the parent who committed domestic violence has an extra heavy burden before custody of any type may be awarded to him. The law directs that the court must consider several factors in determining whether this burden is met:

Whether the parent against whom the finding was met has showed that it is in the child’s best interest for him to receive some form of custody;

  • Whether the perpetrator completed any court-ordered batterer’s treatment program, alcohol or drug abuse counseling, or parenting class;
  • Whether the perpetrator has complied with the terms of his probation or parole, if applicable;
  • Whether the perpetrator’s conduct is governed by a protective or restraining order and, if so, whether he has complied with its terms; and
  • Whether the perpetrator has committed further acts of domestic violence.
The health and well-being of your children are of paramount importance to the State of California. If domestic violence is an issue in your family, you need an attorney to fight for you and your children. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.
Child Custody

How Does a Parent’s Military Service Affect Child Custody Orders?

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How Does a Parent’s Military Service Affect Child Custody Orders?
Recognizing the unmatchable contributions of our nation’s military, the California Legislature enacted a law designed to protect military members’ custody and visitation rights.  California Family Code § 3047 provides that most absences and failures to comply with custody and visitation orders due to active military service shall not, by themselves, serve as a basis to modify custody or visitation rights.

The law imposes the following two requirements for a service member to take advantage of its provisions:

  • At issue must be the service members’ “absence, relocation, or failure to comply with custody and visitation orders”; and
  • “[T]he reason for the absence, relocation, or failure to comply [wa]s the party’s activation to military duty or temporary duty, mobilization in support of combat or other military operation, or military deployment out of state.”
In addition, if a military parent receives temporary duty, deployment, or mobilization orders that will have a “material effect” on his custodial or visitation abilities, any resulting modification of the custody order is deemed temporary and may not interfere with the military parent’s later custody or visitation rights. When the temporary order is reviewed after the military parent returns, the court must apply a special rule: Unless it is in the best interest of the child, the temporary custody order must revert back to the original order.

The law also provides special accommodations for deployed military parents, under defined conditions:

  • Reasonable visitation rights to a child’s “stepparent, grandparent, or other family member”;
  • Expedited hearings;
  • The acceptance, from deployed military parents, of electronic evidence; and
  • The use of measures to avoid delay in custody and visitation cases.
As you might imagine, military parent cases are a top priority for California courts. If you are involved in a divorce and facing active duty, deployment, and mobilization orders, your experienced family lawyer can help position you as favorably as possible in custody and visitation matters. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.