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Riverside California Family Law Blog

Is there any benefit to taking out an order of protection?

If you turn on the news, you're bound to hear about a case of domestic violence that turns deadly. Some victims are killed because their abuser violates a restraining order, known as an order of protection in California. In cases like this, you may wonder if taking out an order of protection really does any good.

A judge will generally approve a petitioner's request for an order of protection if they can prove that they've been threatened, attacked, harassed or stalked. An abuser may threaten to or actually take these actions at an individual's school, their workplace or their home.

Wive's higher salaries often motivate their spouses to divorce

Marriages often don't end well when wives bring in a higher salary than their husbands. This is one of the latest insights that researchers working on a MEL magazine story recently uncovered.

Data recently released by the U.S. Department of Labor's Bureau of Labor Statistics (BLS) captures how 38% of American women earn more on the job than their husbands do.

How common is same-sex couple adoption in the United States?

Data compiled by the U.S. Census Bureau in 2010 showed that there were just under 600,000 same-sex couple households that year. At least 115,000 of them reported having children. The number of kids who live with lesbian, gay, bisexual and transgender (LGBT) parents has increased significantly since then.

A study published in 2007 by the Los Angeles-based Williams Institute captured how that year, approximately 2 million LGBT individuals expressed an interest in adopting. Only 4% of all adopted children were placed with gay or lesbian parents that year though.

Dishonesty is a major reason for divorce

Divorce does not always have to be dramatic. You hear plenty of stories about spouses who are unfaithful to the marriage, for instance, and that does lead to divorce, but most cases happen for far more "minor" reasons. One of those reasons is simply dishonesty.

In some cases, the spouse who lies does it about something huge and important. Maybe they have a gambling problem and they mortgage the house to pay for it. They lie about where they're going and how they're spending money. Eventually, the truth comes out when they lose the house.

At 14, your child can make their wishes known

When you first set up a custody schedule, you were thinking about your child's needs at that time. Your child might be young now, only 4 or 5, for example, and have few responsibilities for you to manage.

As your child ages, they become more active and participate more in outside activities. They make friends, join school teams and, overall, have a very different life than in the past.

Orders of restriction keep batterers from their California victim

According to Psychology Today, as many as 38 million American women may have suffered from domestic violence during some point in their lifetime. While threats of physical harm are well-known, technology has brought about new ways for abusers to inflict harm on the people that they batter. Domestic violence creates a lasting impression on victims.

Children who have parents that are batterers or domestic violence victims often face a similar plight as they grow older. They continue playing the same roles once they get into relationships.

Why should I take a DNA paternity test and how accurate is it?

If you've recently been told that you're the father of a child, then you may want to confirm your paternity before accepting parental responsibility. Before a Riverside judge will award you custody or order you to pay child support, they may ask you to take a DNA paternity test.

Taking a DNA test is a pretty simple process. You simply have to schedule an appointment at a facility that has the capabilities to take a sample from you. They'll send off your specimen to have it analyzed against your alleged child's to verify that you share enough common genetic markers. If you do, the lab technician will issue a report letting you know what the probability is that you are biologically related.

Mediation helps divorcing couples resolve difficult issues

By the time California spouses ultimately call to set up an appointment with a divorce attorney, they've often pulled out all the stops to try to save their marriage. Many have been hesitant to pull the plug on their marriage out of fear that negotiating a settlement with their ex will easily become a long, drawn-out courtroom battle. Those who envision this happening with them often find mediation to be a welcome alternative to a litigated divorce.

Many Riverside spouses who end up pursuing mediation do so in hopes of avoiding the often-traumatic and expensive litigation process. They also pursue this approach to resolving their differences because it allows them both an opportunity to voice their concerns and to help draft their own settlement. Hostility among spouses is often less during mediation. This can result in less conflict between exes post-divorce.

Negative effects not found in most children of divorce

The idea of staying together for thesake of the kids is an old one, and it's rooted in the thought that their parents' divorce is universally bad for children. It's going to have negative effects, parents tell themselves, so they can't end their marriages. If they do, they need to wait until the kids are out of the house.

But is that actually true?

You have rights if your ex withholds your time with your kids

Feeling cut off from your children could be the worst experience for a loving parent. Unfortunately, that is exactly what happens to a number of parents during a divorce.

Although it may violate the temporary custody order during a divorce or the permanent order entered at the end of divorce proceedings, it is possible for the spouse with more parenting time to refuse to let the other parent see the kids.