How to File for Custody in California
Before filing for child custody in California, it is imperative to understand child custody basics in the state and the filing procedure. After reading the following overview, speak with an experienced Los Angeles child custody attorney for advice on applying California’s custody laws to your circumstances. Your attorney can guide you through the filing process step-by-step to achieve the best legal outcome possible in your child custody case. Two Types of Custody…
Read MoreWhat is a 730 Evaluation?
If you and your spouse have minor children and are going through or considering divorce, it is imperative you know about and understand the importance of a 730 evaluation. California family courts use a 730 evaluation as one of its many tools to settle custody and visitation disputes between parents. The courts do so in a way that serves the best interests of the minor children, not necessarily the parents….
Read MoreDo Stepparents Have Visitation Rights?
Although many stepparents consider their stepchildren to be their own children, they do not have the same legal rights as biological parents during a marriage or in the event of a divorce. The only way a stepparent has the same legal rights as a biological parent is if a stepparent adopts their stepchildren. However, it is possible for stepparents to obtain visitation rights upon divorce. The following offers general guidance…
Read MoreWhen are Drug Tests Used in Child Custody Cases?
Sadly, we must all be concerned about the misuse of drugs in our communities. However, if substance abuse is a threat to our children, it is cause for immediate action. If you suspect your co-parent of drug use or fear it may be used as a tactic against you in a custody battle, the following offers basic information about drug tests in child custody cases. Drug Testing Requires Proof Drug…
Read MoreUnborn Child Custody Rights
In California, there is a presumption that the husband of a biological mother is the father of an unborn child. If the unborn child’s father is not the mother’s husband, he should take immediate steps to establish paternity to ensure that his legal rights are protected. Once the child is born, the most common way of establishing paternity is through obtaining a court order declaring that the father is the…
Read MoreHow to Write a Declaration for Family Court in California
A declaration is a written statement, or in court, written testimony, made under penalty of perjury. It is the same as providing testimony on the witness stand. There are some circumstances where the family court may decide a case partially or entirely upon written declarations alone, without hearing any live testimony. Many judicial officers rely heavily on written declarations, and this has increased since the spread of Covid-19. Declarations are…
Read MoreEmergency Child Custody Orders in California
A California emergency child custody order is an ex parte order. This means it is issued in the absence of the other parent. This is because it is an emergency hearing and order based on evidence that a child is at immediate risk of danger or abduction. Emergency child custody orders are not permanent custody orders. Instead, they are temporary child custody orders. They are limited to those situations that…
Read MoreWho is Considered an Unfit Parent in California?
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent’s actions but also a home environment where abuse, neglect, or substance abuse is present. In most cases, an unfit parent has a Child Welfare Services safety plan in place in their home or has an open investigation into their home…
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