Unborn 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…
Read MoreCan You Kidnap Your Own Child?
Surprisingly, the answer is yes. You can be guilty of kidnapping your own child. Parental kidnapping usually happens during a custody battle or combative divorce. One parent decides to take the child physically away without the permission of the court or the other parent. In California, this is a serious crime and you will be prosecuted. If there is a divorce or separation, it is always imperative that you and…
Read MoreWhat Is Parental Alienation?
It is well established that a child’s attachment to each of his parents is essential to healthy mental development. Although it begins in infancy, the attachment process continues as the child ages. Any action by a parent which undermines this can result in the child suffering lifelong psychological problems. California family law recognizes both physical and legal custody. When parents divorce or separate, the decisions as to who gets what…
Read MoreSinger Kelis Accused of Violating Child Custody Order
In 2010, music stars Nas and Kelis divorced after five years of marriage. As part of the divorce, the couple had to negotiate terms of custody for their then one-year-old son. Both would have to follow the terms of this custody agreement for years to come. Nine years later, Nas is saying that Kelis hasn’t kept up her end of the bargain. He claims that she has violated the terms…
Read MoreWhat’s the Difference Between Sole and Shared Custody?
One of the biggest challenges of getting divorced is figuring out who will get custody of the kids, and when. One of the first things that ha to be determined is whether one parent will have sole custody of the children, or if custody will be shared between parents. What’s the difference between sole and shared custody? What factors might influence a child custody arrangement and the type of custody…
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