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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 property division lawyer, California divorce attorneyTo those who have never owned a pet, the idea of battling over custody over one may seem ludicrous. For the 79.2 million proud pet-owning American households, in the event of a breakup or a divorce, the future of their family member is at stake. In California family court, pets are property, but have more consideration than many other states. During property division proceedings, some pet provisions can be negotiated, similar to child custody and visitation decisions.

Establishing Primary Custody

Whether you have a rescue or a competition show animal, you understand that the bond between humans and their animals are inexplicable. Occasionally, the pet has a greater attachment to one family member, and the animal can remain in their custody after a split. Unfortunately, sometimes divorce gets ugly, and the things we love can be used against us. It is essential to demonstrate proof of a bond as well as ownership to safeguard yourself against this possibility by ensuring your name is the one consistently showing up on documents. A few ideas to help you begin a form search are:

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California divorce laws, California divorce attorneyIn California, all property that was obtained during a marriage is known as “community property.” During a dissolution of marriage, also known as divorce, this property must be divided equally between the two parties. However, there is another aspect of property that must be taken into consideration. This is known as “separate property.” What is this and must it also be disclosed during dissolution proceedings? Let us explore the realm of separate property and asset division.

What Is Separate Property?

First, let us discuss how property is actually defined. Property in and of itself is anything that can be bought and sold, such as a house, car or boat. It can also be anything of value. For instance:

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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 divorce lawyer, California family law attorneyIf you are in the middle of splitting up with your spouse, you may be searching for the best possible resolution options for yourself. Once you are certain that this is the end of your marriage but want to forgo a lengthy and expensive divorce proceeding in court, a viable option for you may be mediation. Mediation has many positive advantages and can be the right choice for you. 

What Is Mediation?

If you and your spouse are having difficulty agreeing to a property division, child support, visitation, or even spousal support/alimony, consider mediation. Understand that if you go in front of a judge, that judge must follow the law in making decisions. In mediation, the mediator will listen to both sides of the story and help to find a solution agreeable to both parties.  

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Los Gatos, CA 95030

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