Child Custody and Establishing Paternity
California Divorce, Child Custody, Termination of Parental Rights

Child Custody and Establishing Paternity

Children deserve to have a strong bond with good parents and be protected from inappropriate, dangerous, or abusive behavior. This is why child custody matters are so critical. Obtaining custody of your child and establishing paternity can be a tough challenge, but experienced legal guidance and representation can help.

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody and paternity cases. She discusses these vital issues below.

Why Is Paternity So Important?

Establishing a child’s legal parentage is critical because many things depend on it. Legal parents have significant rights and responsibilities that directly influence the child’s well-being.

Legal parents:

  • Can ask for custody and visitation
  • Are required to support their child financially
  • Are listed on a California birth certificate
  • Can bequeath financial benefits to their child
  • Can guarantee U.S. citizenship, even if the child was born outside the country

Determining a child’s legal parents can involve emotional and complex issues and is best handled with the guidance of a family law attorney. Judy Burger can help you establish parentage of a child in California.

Ways to Establish Legal Parentage

California law establishes legal parentage in the following circumstances:

  1. You are the child’s birth parent (not a surrogate)
  2. You and the other parent were married or registered domestic partners when your child was born or conceived 
  3. You and the other parent filed a Declaration that establishes you as the legal parents
  4. A judge determined that you are a legal parent in a court case

You and the other parent can establish legal parentage for your child by completing and filing a Voluntary Declaration of Parentage (VDOP) form. This is typically done when the child is born but can be completed later. This becomes a binding legal document similar to a court order.

A California Family Law Court can determine the legal parentage of a child and establish child custody and support orders if necessary. California law allows fathers up to three years after the child’s 18th birthday to legally establish paternity.

Father’s Rights and Paternity

California law distinguishes between a “parent” and a “biological father.” Once the biological father has established his parental rights, he can legally request custody or visitation, pay or receive child support, and make decisions on the child’s behalf. The mother cannot deny the father’s legal rights once paternity has been established unless exceptional circumstances have been recognized by the court.

Although a man may be the biological father of a child, paternity can only be legally established through adoption, marriage, or a court order. If a child is born outside of marriage or as a result of an extramarital affair, the biological father has no legal rights. In such cases, the woman’s legal spouse would automatically be granted paternity rights over the child. However, a biological father has up to two years from the date of the child’s birth to petition the court for a paternity test.

Experienced CA Child Custody and Paternity Lawyer

Judy L. Burger is an experienced CA Child Custody and Paternity Lawyer with eight offices across the Golden State. She is a Certified Family Law Specialist with extensive knowledge and expertise in handling volatile and complex cases where paternity is an issue and child custody questions are at stake. When your family life and responsibilities are in question or other problems arise with paternity, Ms. Burger can help you fight for what is best for your child.

Contact her nearest office today to schedule a confidential consultation to discuss your situation and get sound legal advice. Judy and her team care, and we know how to help.

May an Imprisoned Parent Have Child Visitation Rights in California?
Child Custody, Termination of Parental Rights, Visitation

May an Imprisoned Parent Have Child Visitation Rights in California?

Almost 200,000 kids in California have a parent in jail. This can create complex parenting and custody issues. One of the thorniest problems can be child visitation rights for the incarcerated parent. The parent’s crimes, existing relationship with the child and other parent, and the attitude of the Family Court all have an impact on decisions.

Under California law, any solution must ensure the child’s best interests. This means there can be many options and solutions. Family Law Attorney Judy L. Burger examines the question, “May an imprisoned parent have child visitation rights in California?”

Fast Facts About CA Child Custody and Incarceration

Although there are thousands of families with an incarcerated parent, there is much confusion surrounding this issue. Here are some fast facts about the topic:

  1. Incarceration does not automatically terminate your parenting rights. This can only happen in a limited number of situations.
  2. Imprisonment in California is not automatically considered abandonment of a child as it is in a few other states.
  3. Child custody and parental rights are different issues. The other parent or a grandparent may be granted custodial care of your child while you are in jail, but this does not surrender your parental rights.
  4. Incarceration does not abrogate you from your child support obligations. Making child support payments can help prove you have not abandoned your child and take your parental responsibilities seriously.
  5. You are still entitled to be present in any hearing regarding your parental rights and the matters relating to your child while in prison.  

Child Visitation Rights for CA Inmates

A Family Court may determine that the child’s best interests are met by granting visitation rights to an incarcerated parent. If so, there will likely be stringent guidelines to ensure the child’s safety and well-being. A California Family Law Attorney like Judy L. Burger can help the inmate negotiate the best possible conditions for visiting with their child.

A new law in California takes effect on January 1, 2024, to make it easier for incarcerated parents to obtain visitation rights with their children. The Keep Families Close Act now allows incarcerated parents to request a transfer to a facility near their families. Since 2019 data from the CDCR revealed that over 75% of incarcerated persons are located over 100 miles from their homes, this legislation is a welcome boon for inmates.

According to California Department of Correction and Rehabilitation (CDCR) data from 2019, over 75% of people in prisons are incarcerated more than 100 miles away from their homes  According to CDCR data from 2019, over 75% of people in prisons are incarcerated over 100 miles away from their homes. Parents who committed crimes against their child or other serious crimes are exempted.

Moreover, the Family Dignity Act will make the visitation process for families simpler by adopting digital technology. Families will now be able to scan and upload birth certificates so they can be digitally retrieved on each visit and not have to be brought every time.

Help with Child Custody, Support, and Visitation Matters in California

Child custody, support, and visitation issues with an incarcerated parent can be difficult and many factors can impact the court’s decisions. A parent sentenced to prison, currently in prison, or about to be released from prison will need counsel and representation from a CA Family Law Attorney. Similarly, the custodial parent or guardian of the child will need advice and representation to ensure the child’s best interests are ensured.

Certified Family Law Specialist Judy L. Burger and her team understand the specific challenges relating to an incarcerated parent and their family. We can help you work out the best arrangements for your family’s welfare and happiness during any phase of the parent’s jail tenure. Contact the Law Offices of Judy L. Burger by phone or online to request a confidential consultation.

Regaining Custody of Your Children
California Divorce, Child Custody

Regaining Custody of Your Children

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Child custody may be one of the most contentious issues in a divorce proceeding. Judges may be called upon to make unpopular decisions. Sometimes, children are removed from a parent. If this has happened to you, read on to learn more about regaining custody of your children.

Address the Problems That Caused You to Lose Custody

Termination of custody and visitation sometimes occurs because of alleged abuse or neglect. Typically, parents are allowed some time to fix whatever conditions brought about the potential termination of their rights. Children usually are returned to parents who are successful at addressing their problems.

Under most circumstances, children will be removed from a home where someone living in the home is a registered sex offender. A parent in this situation must prove to the court that the children are not in danger. This can be difficult to do because California courts are serious about protecting children.

Carefully review all custody orders. The court probably spelled out any requirements that you must meet to regain custody. Complying with the court orders means you are more likely to get your children back.

Request Custody and Visitation

There are steps you can take if you have lost custody and visitation.

  • File a motion with the court clerk.
  • Request a hearing on your motion.
  • Serve a copy of motion to the other parent involved that includes a copy of the notice of hearing.
  • Attend your hearing and present the reasons you should regain custody. Present evidence showing you have complied with court orders or addressed the problems that caused you to lose custody.

Sometimes a court will allow visitation, possibly supervised. Using your visitation rights to rebuild and maintain your relationship with your child may convince the court to reinstate your child custody arrangements. Most importantly, consult with an attorney who has experience with child custody cases.

Learn More About How to Regain Custody of Your Children

It’s not easy, but it can be done. Remember, though, that the judge will only return custody to you if it appears to be in the best interests of the child.

Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.