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Archive for category: Child Custody

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Who Gets Custody of the Kids

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Splitting up assets and liabilities during a divorce can be extremely taxing, but it can be even more difficult to determine who gets custody of the children. Although you and your future ex-spouse may be able to come to an equitable agreement amongst yourselves for how to share time with your children, it is common to have to go to court in order to have a judge decide. Here are some things to keep in mind during negotiations and court proceedings.

California Rules on Child Custody

Similar to courts in most other states, California courts prefer for children of divorce to maintain as much contact with both parents as possible. However, since the parents will no longer be living together, working out joint custody arrangements can become difficult. If one parent is unfit or incompetent or abusive, the court may award the custody of the children to the other parent. Although the parents are allowed to attempt to negotiate their own custody arrangement, a court will not honor a prenuptial agreement that specifies who gets custody of the children or that includes a waiver of or limitation on child support. These have been found to violate public policy.

Payment of Child Support

Both parents are required to support their children after a divorce, and the amount of the support can vary depending on the parents’ income and the agreed upon custody arrangement. Child support is included in the payor’s reported income for tax purposes. Child support is also unique in that even if the paying spouse declares bankruptcy, he or she will not be able to remove his or her obligation to pay.

Making Sure Your Children Get Your Assets

If you and your spouse have children or you have children from a previous marriage or relationship, you may want to consider how to make sure that these children do not lose out on access to your property following your divorce or in the event that you pass away before your divorce is final. Your spouse may automatically be entitled to a certain percentage of your assets depending on how long you have been married and how you obtained these assets. However, there may be ways to ensure that your children remain entitled to as many of your assets as possible, such as changing status of your property to tenants-in-common or creating a trust for them.

California Pets In Divorce

Lately, there has been a push toward courts determining who gets custody of pets in a divorce in a similar way to who gets custody of children. Although the court may look at who purchased the pet and cared for it initially, the court may also look at which spouse would be better equipped to take care of the pet and will also hear evidence on whether one spouse has abused the pet.

In addition to the issues mentioned above, there are many more financial and personal considerations to take into account when going through a divorce. If you need skilled legal representation in a divorce, custody proceeding, restraining order, civil union or any other aspect of family law , you can turn to the Law Office of Renkin & Associates for the expertise that you deserve. Our attorneys are prepared to zealously advocate for your rights and your assets. Contact the Law Office of Renkin & Associates today for representation in a custody issue or a divorce proceeding.

Establishing Child Custody When Unmarried in California

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In California, for unmarried couples and children born outside of marriage, paternity and. therefore, custody, of children when not married, visitation and support issues are not assumed by the law as they are for married couples. For married couples who divorce, paternity is assumed and custody of rights and support orders are determined as a category of the divorce proceedings. For unmarried couples with children, the court system will need to be accessed to determine issues of child custody and support.

In California, since 2005, when a child is born to registered domestic partners, the law assumes that the domestic partners are the child’s parents. However, it is still a good idea for same-sex parents to take special precaution in this type of scenario and consult with an attorney.

Paternity Actions, Parents Rights in California

Paternity actions establish paternity and custody rights and child support orders for a child that was conceived outside of a marriage. Either party can file a paternity action.

Fathers typically file this action when they wish to secure custody and visitation rights and establish a custodial relationship with the child. By filing this action, the father will then be able to secure visitation and/or custody orders from the court.

Mothers generally file the action to secure child support. This is necessary for receiving child support, as the court must establish a judgment of paternity. Without the court determining that the person in question is the biological father of the child and issuing a judgment of paternity, the court has no legal standing to make any binding orders regarding child support.

Receiving a Petition to Establish Paternity

If you are the recipient of a petition to establish paternity and you do not respond to the petition, the court can find a default judgment against you and find that you are the father of the child.

If you are the father of the child in question and you do not dispute paternity, then a simple court appearance in which you acknowledge paternity to the judge is all that you will need to do to comply with the petition.

Requesting a Paternity Test

If you have any doubts regarding paternity or dispute paternity, you will need to request that the court order a paternity test. This is important to do if you have any doubt as to the paternity of the child in question. In California, once paternity of a child has been established there is a statute of limitations of two years from the issue date of the paternity judgment for a party to contest paternity.

In most cases, contesting paternity beyond the two-year time window will not be successful. In such cases, while the father in question may not be the biological father of the child, the law views them as the legal father of the child and, as such, subject to child support orders until the child is of age.

Our office is experienced with paternity actions, as well as other areas of family law. Please contact the Law Offices of Renkin & Associates today for assistance in your child custody, support or visitation needs, or with any other family law matter.

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Visitation Rights for Grandparents in California

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Renkin Law discusses the issue of grandparents and their visitation rights to see grandchildren. Unfortunately, many are unaware that grandparents still have legal rights in regards to visitation with their grandchildren. If one peruses the internet, there are some valuable resources regarding this subject.

Under California Family Code Section 3100 et seq,,the California law supports what is considered “the best interest” of the minor child(ren). However, in today’s culture with the demise of traditional families, the concept of what is “the best interest” seems to be evolving as society changes in this respect. According to Renkin Law, the legal system agrees that the best interests of the child(ren) is to spend time with their grandparents based on the undeniable fact that grandparents can have a major impact on their grandchildren.

To establish legal rights, grandparents must file a petition with the court to join the action. According to a statement by Renkin Law, the grandparents can file a legal petition for visitation rights if the legal parents are currently undergoing a marital dissolution or if either legal parent is no longer alive. However, they cannot file for visitation with the courts if the legal parents are married and are living together on a permanent basis, have not been absent for more than a month without the other spouse knowing the whereabouts of the absent spouse, or are currently residing with the child and the child has not been adopted by a stepparent.

For any legal question regarding grandparents rights, please contact us and speak to one of their qualified family law attorneys who will gladly assist you. At Renkin Law, we have a variety of solutions catering to a wide array of budgets. We take great pride in helping many individuals steer through this very tumultuous period in their life.

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