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Posted on in Paternity

California paternity attorney, California family law attorneyThere are many reasons for establishing paternity. Whether for peace of mind, for medical history or for child support, no reason is too small and doing so can be beneficial for the child or children involved. Paternity testing may be initiated by either the mother or the father and likewise can be challenged by either party. However, once parentage is established, it may be difficult to alter the determination of paternity. 

Why Anyone May Challenge

There are many reasons why someone may wish to legally prove that the listed biological father is not scientifically the biological father. A father may believe that the child is his and want to be a part of his child’s life, yet the mother may have claimed someone else as the father in order to keep the real father away. No matter the reason, challenging paternity tests may be the way to obtain the resolution you are hoping for.

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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:

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California divorce lawyer, California family law attorneyAlthough you may have decided that the marriage is over and divorce is the best option, your spouse wants to keep trying to make the marriage work.  How do you divorce if your spouse does not agree?

California Law

First, California is considered to be a “no fault” divorce state. What this means is that neither side has to prove that the other side did anything wrong. “Irreconcilable differences” is one of the two legal grounds for divorce in California. The only other ground for divorce in California is incurable insanity. “Irreconcilable differences” means that the two sides simply cannot get along.

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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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