Do 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 MoreWhen Does Child Support End in California?
Both parents are expected to support their children financially and provide for their children’s basic needs. When parents divorce, separate for any reason, or have a child outside of marriage, the court may order one parent to pay the other child support payments. Whether you are a parent paying child support in California or receiving child support, it is imperative you know how your child support is determined and at…
Read MoreHow to Obtain a Divorce Decree in California
There are many situations in which you may need a copy of your divorce decree. Some are as simple as providing proof of divorce, while others are more complicated and involve taking an ex-spouse back to court for violation of the terms of your divorce decree. Regardless of your need for your decree, it is essential to know how to procure that decree in California and be aware of what…
Read MoreHow Much Does a Divorce Cost in California?
A divorce in California can cost as little as the $435 filing fee or hundreds of thousands of dollars. However, the average cost of a California divorce is around $17,500. This is slightly higher than the national average of about $15,000. The cost of a divorce in California depends on a number of factors, including: If the divorce is contested Whether there are minor children of the marriage If the…
Read MoreHow Long Does It Take to Get a Divorce in California?
There is no fast answer to how long a divorce will take in California. The most straightforward answer is it depends. No two California divorces are the same, even those divorces that are agreed upon. Divorces vary in complexity. Divorces with complicated issues like significant assets and children are typically disputed between the spouses. This slows divorce proceedings considerably. There is one rule that applies to all California divorces that…
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…
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