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Riverside California Family Law Blog

What should you know as a new father?

When a baby is born, it's important to determine who the legal father is. The legal definition of a father is the man who will be granted parental rights and the right to visitation and custody. When mothers and fathers are married at the time of the baby's birth, the man is typically assumed to be the father and is named on the birth certificate.

There may be times when it's not clear who the father is. If that's the case, you can pursue a DNA test to prove paternity. If the DNA test proves paternity, then you can gain rights as a father regardless of your marital status.

Child support modification: There are things you need to do

Although you may not want to pay child support, you realize that this money goes a long way in ensuring a better life for your son or daughter. As you know, there is no better feeling than that.

You have every intention of making child support payments in full and on time, but remember this: Your circumstances can change without notice.

Your attorney can help you get the guardianship rights you seek

As someone who wants to become a guardian to a child, it's important that you have your attorney there to help you along the way. The process is complicated, and most people make mistakes without professional help. Additionally, there are tasks that need to be completed, like contacting relatives of a child before you can obtain guardianship rights.

It's important to work with an attorney because the rules for creating a notice are complicated. If you don't complete them correctly, the court will ask you to create a notice a second time, and it will take longer to complete the case. It's also a good idea to talk to an attorney if you have discovered that one or both parents of the child have decided to object to your guardianship for any reason.

School shooting encourages new domestic violence bill

A school shooting is always a tragedy. Most could be prevented, and that's why a shooting in San Bernardino has prompted a bill that funds domestic violence prevention. The new bill has been introduced to the state and would help fund efforts that would prevent domestic violence throughout the state of California. The bill, AB1268, has been nicknamed the Domestic Violence Education Act.

What would this act do for Californians?

Child adoption agency goes bankrupt, leaves families struggling

There is little more tragic than not being able to bring home a child you've waited for during the long adoption process. Normally, at the end of the program, you're able to have home visits and to see your child placed in your arms. Sometimes, these programs go bankrupt or close, but that should not excuse their actions.

In California, a highly respected child adoption agency suddenly shut down after announcing bankruptcy. The problem with this is that the families had already paid hundreds if not thousands to the facility that was intended to help them bring a child home.

How can you prepare your children for a summer at your house?

Summer is nearly here, and that means your kids won't have to head to school. Your goal is to make this summer exciting and engaging for your kids, especially since your recent divorce. You're not the primary custodian, so this time is especially important to you. You want your kids to know you love and care about them.

How can you make summer satisfying for yourself and your kids when it comes to custody arrangements? Here are a few tips to remember.

Awkwardness at graduation: Take steps to look past divorce

As the end of the school year arrives, one thing that's vital for you to remember as a divorced or divorcing parent is that your decisions should not impact your child's graduation. You and your spouse chose this path, but it does not have to impact your child's big day.

A graduation is a celebration of your child's achievements, and nothing spoils that faster than arguing or fighting during the festivities. If you and your spouse intend to go to the graduation, it's time to put the divorce aside and be there for your child.

It’s dangerous to try divorce without an attorney in California

While divorce is generally the same in most parts of the world, the way that the law deals with divorce is different from country to country. If you moved to California from somewhere other than the United States, it is possible that your beliefs about how divorce and divorce settlements work here is dangerously inaccurate.

For instance, many of the residents of Southern California come here from Mexico, and do not fully understand the differences between divorce in Mexico and divorce in the United States, and California specifically.

What is a temporary restraining order, and how do you get one?

A temporary restraining order (TRO) has the ability to save lives. It's a legal document that helps protect anyone who finds him or herself a victim of domestic violence. The court order requires that the alleged abuser stays away from the victim and imposes distance requirements. Many basic TROs require the accused to stay at least 100 yards away at all times.

Anyone can face a TRO, whether it's a parent, girlfriend, boyfriend, uncle, aunt or other person causing harm to the victim. As a result of domestic violence escalating in these situations in the past, some circumstances now restrict those accused of domestic violence from purchasing firearms that could be used to harm the victim.

Adoption: Parental rights must be terminated

There's nothing quite as exciting as finally starting the adoption process when you're ready to add to your family. There are steps that have to take place before an adoption can occur, though. One of those steps is to make sure the parental rights of the child's birth parents have been terminated.

To terminate a parent's rights, the court must have a hearing. A judge then has to issue a decree permanently ending the parental rights of a birth parent. Children still bound to their birth parents legally are unable to be adopted out to a new family.