California Divorce Blog

Protecting Your Credit in a Divorce

One of the biggest issues in many divorces cases is the question of how to best protect your credit so that you are not in bad shape when the divorce is final.  Even worse is when you think things are fine because you have been divorced for several years and then you discover that your credit has suffered a tremendous setback because of a debt that you thought belonged solely to your ex, but in reality it was still in your name.

This is the kind of situation that a lot of people will neglect when they are going through a divorce.  After all, how important is your credit score when you are dealing with heartache and helping your kids to adjust and moving to a new home and all the other issues that go along with a divorce?

Well, the answer can be pretty darn important when you go to get a new mortgage and you can’t qualify because your credit score is two hundred points lower than you expected it to be.  This happens to more people than you think.  So if you are going through a divorce make sure you address with your attorney the need to ensure that your credit and your ex’s credit are as segregated as possible after the divorce is final.  Read this Divorce and Credit article for a few more tips on how to handle the situation.

 

admin
May 5, 2012
family law
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Visitation Laws: When Domestic Violence Is an Issue

Child visitation laws are a fundamental part of the divorce process. As the divorce rate steps up at an astonishing rate, nearly 50 % of the children are growing up in a single parent family. Children indeed need their parents so that they may be able to develop physically, mentally, and emotionally. If the ties between parents and children are broken, it may result to negative outcomes that can be traumatic for a child.

Some exhausted parents do not mind the fact that they do not get to see their children. On the other hand, the majority of parents that do not have full-time custody yearn to see their children every opportunity they get. Unfortunately, there are instances that the custodial parent makes it hard for the other parent to see the child. Usually, this is an issue if the parents went through a chaotic divorce and do not get along, or if the other parent is regarded as a threat. Child visitation laws are in effect to make sure that every parent has an allocated time to spend with their children and maintain their good relationship.

Like state child custody laws, state child visitation laws have conventionally favored ongoing contact between children and both parents. Several state laws, however, presently address the conflicts raised by visitation with parents who have committed domestic violence. In most states, courts are required to take into consideration the safety needs of the assaulted parent and the child when establishing visitation orders, putting aside child visitation laws. Courts should consider supervised visitation or deny visitation rights to the abusive spouse when the court determines that safe visitation is not possible.

You should also go to a local lawyer to address your problem.  For anyone in southern California you get some pretty good information on this San Diego divorce website.  For those in Colorado you should check out this Denver divorce site for information and resources for that locale.

However, one of the major problems with supervised visitation is that it is typically required with families with low income. Although the safety of the parent and the child is considered, it may be difficult and expensive, particularly for low-income families who do not have the financial resources to pay for supervision. There are a small number of communities that have free programs that permit court-ordered supervised visitation to be implemented in a safe and effective approach. Because they do not have access to such facilities, custodial parents may need to rely on friends or relatives who are untrained to deal with visitation situations that may be detrimental to them or their children.

In several states, different solutions to the problem of assuring that supervised visitation is safe and accessible have been proposed. It has been suggested that the perpetrator of domestic violence pay the fees of supervised visitation. In some states, certain steps are taken to create state-run supervised visitation centers. In California, statutory standards are set for providers of supervised visitation. In Florida, a clearing-house of supervised visitation providers has been established.

Each state has different child visitation laws, which constantly change to address the needs of the fast-changing society. It is a must to contact a family law attorney with experience in handling child visitation cases if you are concerned about child visitation with a potentially violent or abusive spouse. Keep in mind that it is always better to be safe than sorry.

About the Author

Kari Henderson is a writer on the subject of divorce. You can read more of her exceptional work at this Phoenix divorce website where she frequently blogs.

admin
May 1, 2012
family law
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Co-Parenting Recommended Resource

Here is a link to a really great article on the subject of how best to co-parent your kids effectively with your ex. The article gives really great tips on how to effectively communicate with your ex, how to help your kids adapt to their new post-divorce life, putting any residual pain from the divorce aside, and a wealth of other suggestions.  Check it out and if you have any excellent related resources we would love to hear about it in the comment section below.

admin
April 4, 2012
family law
3 comments

The Basics of Paternity Law

Paternity is the lawful recognition of a father and child relationship which is commonly based on a number of factors.

When the wife gives birth to a child within marriage, it is presumed that the husband is the father of the child. Because of this, the husband is assigned complete rights, duties and obligations with regard to the child. The presumption can be contradicted by evidence, at least before a formal court ruling involving the putative paternity (it means there is a possibility of several fathers). Oftentimes, this is a ground for divorce, annulment or legal separation. Jurisdiction may vary when a judgement to prove paternity or a support obligation based on presumption can be set aside on the grounds that the husband was not in fact the biological father.

Legal Concerns

When a party/individual is in doubt about the paternity of a child, he may ask the court to determine the paternity of one or several fathers (Putative fathers) initially based upon sworn statements and then upon testimony or other evidence.

Assigning paternity to a specific individual, possibly including support responsibility and or visitation rights maybe granted when the application to the court is successful. Once a father has convinced the court and if he wanted to be a part of the child’s upbringing, he can do this effectively with his child by filing a Parenting Plan. The law in the United States requires parents to file a parenting plan to the district court which states how the biological parents will divide parental responsibilities on matters such as legal custody, physical custody (parenting time or visitation) and medical insurance.

The Process of Establishing Paternity

A civil case must be filed in the Family Court where the judge will most likely order a paternity test to establish paternity. There are different standards of evidence that must be met to prove paternity in different states. However, DNA testing is a fool proof method in identifying the biological father. The issue of fatherhood used to rely heavily on actual testimony. Issues including custody, visitation rights, child support, adoption proceeding and inheritance will have a direct impact with the results of the paternity test.

Contact an attorney to file a paternity suit. An experienced family lawyer can tell and explain to you the laws and requirements in your state. He can also provide you with necessary forms and documents.

Importance of Paternity

When paternity is established, the father has the chance to pursue child’s custody and/or visitation. In this point, he will also be required to pay child support and can also demand that he may be granted joint legal custody which will give him an authority on child’s upbringing. Issues such as medical care, education, religion must be decided by the two parents, if granted by the Family Court.

Lastly, when paternity is established, the mother cannot pursue adoption proceedings with her new husband without the consent of the biological father.

If the father decides not to have any contact with the child, he can terminate his parental rights through the court.

About the Author

Joe Roga is a writer on the subject of divorce and family law. You can read more of his work at this Chicago divorce website where he frequently blogs.

admin
April 1, 2012
family law, Paternity
5 comments

Great Post on Co-Parenting

The DaddyPlace.com blog has a great post on the subject of how to effectively co-parent.  It is entitled A Divorce Lawyer’s Tips on Co-Parenting After Divorce.

The post offers some of the best advice I have seen on the subject of how to deal with parenting under new circumstances.  It talks about some of the common problems and how to best deal with those situations.

Very highly recommended for anyone recently divorced or about to be divorced or separated in a marriage with children.  Check it out and let us know your thoughts below.

admin
March 24, 2012
family law
1 comment

All About Paternity Laws

In particular circumstances, it is required to legally establish the paternity of a child during a civil proceeding. In most states, when legal issues about health care, child support, custody and visitation, adoption or inheritance arise, establishing paternity is a requirement of the law.

Benefits of Establishing Paternity

When paternity is established, the child has the right to benefit financially from the birth father. Also, aside from potentially receiving regular child support, your child has a legal right to death benefits including social security or Veteran’s benefits, in addition to any possible inheritance – in the event of the birth father’s death.  If you choose not to formally establish paternity, it will result in the loss of these potential financial benefits for the child.

Court Proceedings

When establishing paternity, most states require that the identity of the father be determined by a “predominance of the evidence.” However, in other states such as New York, clear and convincing evidence of paternity is required.

On the other hand, most of these state requirements today have become disputable or of little impact since the introduction of DNA testing. With a DNA test, the paternity of a father can be determined with more than 99 percent accuracy.  This procedure can even be done before the child is born. Other related issues such as child support may be addressed once the paternity issue has been settled through the court system.

Laws

The laws by which paternity is established differ from state to state and from county to county. Over the years, a number of Uniform Acts have been instituted with regard to issues concerning adoption such as the Uniform Parentage Act of 1973, the Uniform Act on Paternity of 1960 and the Uniform Putative and Unknown Fathers Act of 1988. Of course, you will want to obtain a local family law practitioner to represent you.  For those of you in that area, you should look up the Austin divorce firm, Morgan Law Firm.

Those individuals who have the capacity to dispute paternity which leads to court involvement include the mother, alleged father or even the child himself after he or she is of legal age. Some states have restrictions to the time frame in which a parent may file to establish paternity legally. These restrictions differ from state to state, anywhere from no time limit at all to five years beyond 18th birthday of the child.

DNA

DNA testing is not performed on a routine basis or with each court case. As a matter of fact, a number of cases are settled out of court or through a settlement agreement before the trial. When a party to the action disputes paternity, this is the time when a DNA test may be ordered through the courts. In general, contesting paternity arises when there is an issue with regard to the payment of child support or if the alleged father wants to acquire custody of or visitation rights with the child. This is another instance when a DNA test may be ordered by the court.

When paternity is contested and legally established, financial and emotional implications may arise.  Thus, consultation with a family law attorney is recommended so that you can be informed about your rights and obligations when dealing with a paternity case.

admin
March 15, 2012
family law, Paternity
0 comments

Bankruptcy and Its Effect on Family Law Issues

The relationship between bankruptcy and family law issues, particularly divorce, is interrelated. Whether you are considering filing bankruptcy or not, you should understand how these two aspects are associated. It is prudent to take steps to protect yourself if ever this will happen in the future even if you are not in any financial difficulty at present.

It can be both stressful and expensive when a couple decides to get divorced. There are many people who consider declaring bankruptcy as a way to ease their personal and financial dilemma. How a divorce settlement is outlined can be essential with regard to the way in which your own or your spouse’s bankruptcy will affect you and your children. You must understand some relevant issues concerning bankruptcy and divorce.

One of the most crucial aspects of a bankruptcy filing is the automatic stay. An automatic stay will take into effect if either you or your spouse files a bankruptcy. This implies that all efforts to reclaim the debt will stop.  However, it is important to understand that there are exceptions to the automatic stay. You need to be familiar with the kind of debts that are not included under your state laws. You should make sure you know your rights when it comes to bankruptcy and divorce settlements.

Support payments are not classified as dischargeable debts under a bankruptcy and divorce settlement. This means that these debts still need to be met by your spouse. Support payments for an ex-spouse or minor children should be honored such as child support, spousal support and the lawyer’s fees surrounding these issues as well.

Property settlements are another crucial aspect concerning bankruptcy and divorce. If a property obligation is due, under the terms of your divorce settlement, it may or may not be discharged. Usually, such obligations are non-dischargeable but they might be discharged if a debtor shows that they are not able to repay the debt without undergoing hardship which may relate to himself, his children, other dependents and his business obligations.

Briefly, when a bankruptcy is filed, some bankruptcy and divorce related debts do not get discharged such as alimony and child support, some obligations for property settlement in divorce, student loans, debts that pertain to fraud or theft and criminal restitution.

In order to deal with bankruptcy and divorce settlements, you need to get as much of the debt categorized as “support”. In this way, after bankruptcy has been filed, you have the best chance of retaining access to your support payments. You can take a lien on one or more valuable assets if this is not possible which means that property can be seized in order to repay the debt to you.

In conclusion, it is a good idea to file for bankruptcy before filing for divorce. By this, you will be able to be aware of what is going to be discharged before the divorce settlement which makes it easier to negotiate a fair settlement.

Also, bankruptcy may have serious implications for a divorce settlement but with help from an experienced family attorney, it need not be a hindrance to a fair settlement.

admin
March 1, 2012
bankruptcy, family law
0 comments

Adoption Law: Qualifications of Prospective Adoptive Parents

Although the laws that regulate who can adopt will differ in every state and agency, there are general requirements that most adoption agencies will consider with regard to adoption. Some of the factors to be considered as part of the evaluation process when adoptive parents seek adoption focus on determining if a child placed with these parents will be in an environment that is safe and stable with loving and supportive parents who will guide and nurture the child.

Marital Status

In general, it will be easier for a married person to adopt than a single individual. This is because one of the main reasons why many parents want to place their children for adoption is that they believe as single parents, they will not be able to provide their children the attention, care and opportunities that it could have if it were raised in a two-parent family.

Length of Marriage

A minimum of a three year marriage is a usual requirement if an adopting parent is married.

Previous Marriages

Divorced persons are allowed to adopt legally. Practically, this will not be a conflict as long as the current marriage is stable and the present spouse is supportive and also want to adopt.

Adoptive Parents’ Age

Generally, the minimum legal age for adoptive parents is 18 years old. Although some agencies will now consider adoptive parents who are older, most agencies use 40 years old as the upper age limit. In most circumstances, adopting parents are required to be at least 20 years older than the child they are adopting. However, there will always be exceptions to these rules under particular situations. Also, there should be generally an age differential of no more than 40 years between the child and the adoptive parents. However, exceptions may be made if the adoptive parents are really healthy and active.

Health Issues

There are some agencies prevent adoption by those who are obese or underweight, though there are also exceptions to this rule. Agencies consider that an adopted child need an opportunity to grow to maturity with both of his or her parents around since it will be traumatic for any child to experience the premature loss of a parent.

Disabilities of Adoptive Parents

Having a disability does not necessarily disqualify an adoptive parent from adopting a child. Ultimately, an agency will focus on the ability of the adoptive parent to appropriately care for a child and to meet its needs during its entire childhood.

Financial Status and Stability

It is essential that an adopting family will be able to manage its family income and other resources to sufficiently support all of its children including the child the family wants to adopt. The stability of employment by the breadwinner in a family can create a great impact not only on the financial well-being of a family, but its social and emotional well-being as well. Thus, a history of employment stability and the future employment stability are always considered by birthparents.

Medical Records

A complete medical history will be required for all adopting parents. In other instances, a psychological evaluation may also be required.

Criminal Background Check

In an attempt to uncover evidence of any prior legal or criminal problems, or any problems with child abuse, financial instability, or substance abuse, adoptive parents will have their backgrounds checked carefully.

It is important to be honest about problems in your past before the background check is done. Also, you must consult a family law attorney in order to discuss other specific eligibility requirements and placement options with you.

admin
February 25, 2012
adoption, family law
0 comments

Stockton Divorce

This is an article on divorce in Stockton, California, which is located in San Joaquin County.  The Superior Court handles all family law matters, encompassing the dissolution of marriages (divorce), child custody, visitation, paternity, child support, and alimony.  Department F2 handles the daily docket of family law matters. If your matter is in the LA area you should take a look at this site for additional information on California divorce and family law.  There are articles as well as a fairly active community that will give you a lot of insight into what to expect as far as the LA area divorce scene.  Please take a look and give us your thoughts below in the comment section.

admin
February 6, 2012
family law
0 comments

Fort Bend Divorce

Here is an excellent post on Fort Bend divorce.  It will be very helpful for the residents of Fort Bend County, Texas who have a family law or divorce case.

admin
February 6, 2012
family law
1 comment