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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

California divorce attorney, California mediation attorneyDivorce does not only affect the married couple that is splitting; it systematically changes the dynamic of everyone with any relationship with them. From the family members that must adjust to how to maintain communication without stepping on toes to the friends that must now divide their friendship between the two separate entities, the entire situation must be treated delicately. Arguably the most significant relationship to consider is that of the children. Some kids are better equipped to handle the struggle, however, at any age, divorcing parents can be life-altering. Mediation lessens the negative results encountered with divorce.

Effects on Divorce and Children

Countless studies have investigated the effects that divorce has on children. Although it is impossible not to have any lasting mark, the goal is to minimize the negative repercussions. Their little lives rest entirely in your hands, including their emotional and psychological well-being. Studies found the following effects:

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California child custody attorney, California family law attorneyEstablishing Parentage

California law automatically assumes both parents are the biological parents if they are married at the time of the birth. However, this is not true if the parents are not married to each other. Parentage of the child must first be established before any custody issues are pursued. This may be done simply by filing a voluntary Declaration of Paternity. This may have been done at the hospital at the time of birth, which would have put both parents’ names on the birth certificate. If it was not completed immediately, it may be done later. This form may be picked up and filled out at any of the following locations:

  • Local Child Support Agency (LCSA),
  • Registrar of Births,
  • Family Law Facilitator’s office at your local Superior Court, or
  • Welfare offices.

The form may be completed at these offices or must be signed and witnessed by a notary public. Once this form is completed, it is not effective until it has been filed at the California Department of Child Support Services Paternity Opportunity Program (POP).  

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California family law attorney, California child custody lawyerBird nesting sounds like an idea meant for the local birdwatching hobbyists. However, it is actually a fairly new concept in child custody arrangements. It is a viable option for parents wishing to make the child custody and visitation arrangements as easy as possible for the children. While no situation is perfect for every custodial situation, this one may be a concept that should be considered by more families.

What Is Bird Nesting?

Bird nesting is a co-parenting solution that is extremely and uniquely centered around the children involved. Often times, divorce and custody situations can be painful and traumatic for everyone, especially for children. In most situations, children are moved around and often move several times during a year between two houses. They have two sets of friends, two bedrooms, etc. This new idea allows the children to stay in their home, and the parents move in and out of the house. Think of the adult birds leaving the nest, coming back and forth to the nest. The arrangement may be permanent or temporary.  The idea here is to create an easier life for the children and therefore both parents must agree to make the sacrifices necessary, even it if means making their own lives a bit more difficult.

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California family law attorney, California child custody lawyerOf all the family law issues, those involving child custody are often the most difficult and inflammatory. This is especially true in situations where abuse, neglect, and/or parental alienation exist. There are, however, considerations that family court judges use to help determine child custody, even in the most difficult of divorces and custody battles. It is important to understand what these factors are, how they may apply to your particular situation, and where to best find help if you are concerned about your child custody case.

Possible Custody Arrangements

Whether the parents of a child are divorcing or unwed, matters of child custody are determined by a California family law judge. The judge examines evidence presented by both parents and/or their attorneys. However, all custody cases start with the presumption that joint custody – or the equal involvement of both parents – is in the child’s best interest. If it is determined that this is not the most suitable arrangement, other custody arrangements may be considered, including:

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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