Blog
Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation
Subscribe to this list via RSS Blog posts tagged in child custody

California child custody attorney, California mediation lawyerDuring a divorce, many topics are necessary to consider. None of them are insignificant as each detail assisted in building a life together. However, one of the larger situations that require careful consideration is the child custody and visitation arrangements. The decisions made affect not only the adults in the situation but also the children and will continue to influence everyone involved for the years to come. The best solution is chosen during divorce mediation, or a judge can lay out a plan of action through divorce litigation.

Understanding Custody

There is more to determining custody than just with whom the child will live. Two forms of care need establishing, both physical and legal custody. Each of these types of care has various options within them. Understanding the options makes the decision-making process easier, so let us explain.

...

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:

...

Posted on in Divorce

California divorce judge, California divorce attorneyIf you choose to proceed with court litigation in your divorce matter, the judge assigned to your case will make the decisions pertaining to your divorce matter. While it is true that judges do not have the sentimental connection to the items in question, there is still a responsibility to make the wisest decision possible given the information at hand. Let us discuss what some of the elements are that are used in a divorce decision-making process.

Child Custody and Visitation

First and foremost, a judge will determine what is in the best interest of the child. The default solution for “best interest” is often joint legal custody, meaning that both parents must still make the legal decisions together. It is most commonly in the best interest to have involvement from both parents, so they will also generally lean towards joint physical custody. Some of the reasons that a judge may choose to do sole custody are:

...

Posted on in Family Law

California divorce attorney, California family law attorneyDivorce can be extremely stressful. It can feel like the world has been removed from your shoulders once the divorce has been settled and a judgment has been filed. Everything is set, from the child support, to the alimony, and the visitation. Nevertheless, circumstances change with the passage of time.  Some of the orders you obtained in your judgment may no longer be appropriate to your family situation.  You may wish to proceed with post-judgment modifications to address these concerns.

What Can Be Altered

Although generally property division cannot be revisited post-judgment (except on statutorily-enumerated grounds), some of the orders contained in the judgment can be modified:

...

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).  

...
Google Map Marker

Law Offices of Benita Ventresca

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

Phone Icon

Call us for a free initial consultation

408-395-8822
FBK TWT GGP YTB

Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

FREEVALETPARKING

Back to Top