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Riverside California Family Law Blog

A move from the marital home can affect your child custody case

When a spouse realizes that their marriage is over, they often don't want to put off their inevitable move from the family home. They instead want to get the process over with right away. Many husbands and wives leave their kids behind with the other parent when they do this. They do so based on the assumption that their ex will be amenable to them continuing to interact with their kids as they please. This scenario often doesn't work out this way though.

One of perhaps the worst things that you can do when you're preparing to file for divorce is to move out of the home that you share with your husband or wife and kids. In most cases, it sends the message to the judge who will ultimately preside over your case that you gave up on your children. It also tends to make them think that you have no concern for how your kids. It makes them think that you don't realize how your actions disrupted their lives. This can result in them denying your custody request.

Parents need to have certain personality attributes to adopt

Many people have dreamt of becoming a parent but struggle to conceive on their own. Some individuals may not have considered having children but are touched by a particular child's story. Both of these situations may motivate someone to want to adopt a son or daughter here in California. Anyone looking to move forward with the adoption process should have certain personality attributes to do so.

One attribute that you'll want to have if you're considering becoming an adoptive parent is a sense of adventure. You have to be open to taking risks and being flexible.

Millennials: Having separate accounts doesn't help if you divorce

One of the first things that couples used to do as soon as they got married was to combine their money into a single account. While they likely did this in large part to prove that "what's mine is yours," younger couples are avoiding doing this nowadays. Many of them aren't doing this in hopes that they won't have to give up their money if they get divorced. Some legal experts warn that things don't work out exactly that way though.

A recent survey conducted by Bank of America (BOA) shows that fewer millennials are merging their finances with their new spouse's when they marry. In fact, they found out that 28% are avoiding setting up these accounts. BOA's data shows that the number of millennials that are keeping their finances separate from their spouses is double that of previous generations.

Does a parent's gender affect chances of winning custody?

There are many different million-dollar questions that family law attorneys in Riverside often hear. Something they're often asked is how a parent's gender impacts their chances of winning custody of their child. Although they haven't always done so, most California judges now consider what's in the best interest of a minor when making such decisions. This may mean that a mom is awarded custody in one situation whereas a father is selected in another.

In the not-so-distant past, judges tended to believe that children, especially those under 5 years of age would be best taken care of by their mothers. Most states have done away with procedures that used to encourage their judges to do this though. In most, they're taught to assess what's in the best interest of the child instead.

If you're considering divorce, you should talk with a lawyer

When divorce becomes a potential part of your future, you may struggle to decide what is best for you and your family. Whether you and your spouse simply don't get along anymore or there has been some kind of dramatic break in the trust between you, possibly related to infidelity, it can feel impossible to make a decision about whether walking away or fighting for your marriage is the better option.

The emotional intensity that comes with evaluating a marital relationship can make it more difficult to make a rational and realistic decision. The people who love you the most may struggle to give you good advice, as they may worry about supporting your decision to divorce, only to have you change your mind.

It's important that teens are adopted

When people hear about adoption, they often think of newborns. Parents often give up their babies because they're either too young or are lacking the financial means to adequately take care for them. Older kids including teens who've been bounced around to different foster homes need loving homes to take them in though as well.

Teens' lives can easily spiral out of control if they're not adopted before they age out of the foster care system. If they haven't found a loving home by the time the government's dominion over them runs out, then they may end up homeless begging on the streets. They may be forced into selling drugs or prostituting themselves just to survive.

The Restorative Justice Project aims to end domestic violence

Many domestic violence victims attempt to break free from their abuser numerous times, yet are often wooed back by their ex soon after they do. The Restorative Justice Project (RJP) was recently launched in California in hopes of curbing domestic violence disputes.

The RJP was developed as help victims of sexual and intimate partner violence and their abusers resolve their differences. This alternative resolution program was created to encourage more survivors to seek out help.

A spike in divorce filings is on the horizon

Divorce filings tend to follow certain trends. While there are always outliers -- most people don't get divorced in December, for instance, but that doesn't mean there aren't couples who file for divorce right around Christmas -- summer tends to see a significant spike in divorce filings as it draws to a close.

This spike begins in July. It then reaches a peak in August. Some of that carries over into September, but that's when things start their general downward trend that does not really reverse course until after the winter holidays.

What consent is needed to effectuate a California adoption?

If you've considered adopting a child, then you've likely heard the word "consent" used quite a bit. The parent or agency responsible for a child must relinquish their rights to a minor before the adoption process can move forward.

The Children's Bureau notes that consent to the adoption process is handled differently by each individual state. Most jurisdictions require for parents, private or government agencies to provide written consent for an adoption. That document generally has to be both notarized and witnessed. In some cases, this process may have to occur in front of a judge.

Don't fall for any common divorce myths

There are many myths that surround divorces in this country. Often, people don't realize that each state has its own laws regarding divorce, child custody and child support. This means that what worked for a friend in another state won't necessarily work for you. Instead, you need to learn about the specific ways that California laws will impact your case.

If you are preparing for a divorce, you need to explore all of your options. Make sure that you don't fall for some of the more common divorce myths that are floating around.