If you're going through a divorce, then you've likely heard your Riverside family court judge say they'll decide what's in the best interests of the child. While that sounds ideal, you may wonder what that means for your family in your specific circumstances. It's simply a way for the court to convey that visitation or custody decisions they make will take into account certain factors to make sure that the children remain safe.
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.
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.
When children are born to unmarried parents, the parentage of the mother is automatically presumed. There's no implied paternity for fathers, though. It's generally necessary for a man to take a DNA test to prove that he is indeed the father of a child. It's possible for a mother to simply place her male partner's name on a birth certificate in some cases. If the name is incorrect, problems can ensue.
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.
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.
If you thought that your divorce was going to be a clean break and you would not have to deal with your ex anymore, you may want to reconsider that position if you have children. The two of you are still going to have a relationship, in all likelihood. There's just no way around it.
Child custody in California addresses two key components: legal custody and physical custody. A right to physical custody is often what most people think of first. They want to know how often they get to have the child live with them, in their care. That schedule is a physical custody schedule.
While there are some states in the country that don't have laws on the books that protect a grandparent's right to visitation with their grandchild, here in Riverside, their right to this is protected by California Family Code sections 3100-3015.
Up until a few decades ago, a cheating spouse may have stood a chance of losing it all when their ex filed to end their marriage. Ever since many states, including California, have instituted a no-fault divorce, it's made it where a spouse's adultery has little to no effect on how alimony or custody awards are decided.