Child Custody Attorney Irvine

Establishing Paternity in California

Before an unmarried father can exercise his rights in California, he must establish paternity. Once established, he legally gains the legal right and responsibility to custody and visitation with his child.

Paternity can be established in several ways:

• Voluntary Declaration of Paternity: In case both parents agree to paternity, they can sign a Voluntary Declaration of Paternity form which establishes paternity and gives both parties parenting rights. This form may be signed at the hospital after the child's birth or at any later date.
• Court Order: If paternity is disputed, either party may submit a petition to the court to establish paternity through genetic testing.

Can I have Joint Custody? Steps to Take to Ensure a Shared Arrangement

Courts in California are driven by the belief that children benefit from regular and meaningful contact with both parents. When you and the other parent split, it's best to make a custody decision on your own, so that both parents get joint legal custody. A joint legal custody gives both parents the right to make important decisions regarding:

• Children's education & extracurricular activities
• The child's healthcare, which doctors to consult, and the kinds of medication they should take
• What religion would the child follow and whether they should attend a formal religious place of worship?
• Where the child will primarily reside and how often would they travel between both parents

These are a few decisions that both parents must agree on. While this cooperation can be difficult in some instances, there are alternatives available. Both parties can appoint a mediator who will help them work out an agreement that works for the new family structure and is in the child's best interests.

Choosing mediation will help you avoid lengthy court battles and the judge's decision that may not be favorable to anyone.

Modification of Child Custody Orders in California

Circumstances may change in anyone's life - the same holds true for divorced parents. Any change in their needs or their kids as they grow older may prompt parents to seek a modification to the parenting plan.

Some examples may include:

• A minor child wants to live with the noncustodial parent due to persistent conflicts with the custodial parent's children or new spouse.
• Changes to a parent's work schedule, making it difficult or impossible for them to be available under the current child custody plan

Be aware that you cannot change a parenting plan on your own. If you do so, the other parent may request the court to enforce the custody order, and you could be facing serious consequences like losing custody or contempt of court.

To modify an existing order, you must file a motion that seeks such a change. Just like the original custody order, you and the other parent may agree on a change, but even then, you will have to submit the modified agreement for the judge's approval.

If you and the other parent cannot decide, the judge will decide whether a modification is required or not. Depending on the best interests of the child, the judge will grant or deny custody modifications.

During the hearing, you must prove that there has been a substantial change in circumstances since the original custody order and that your proposed modification would be in the child's best interests

In some instances, courts have allowed modification of the parenting schedule only, if both parents have joint physical custody. However, this does not apply to changing the child's primary residence. Either way, the requesting parent has to show that such a modification is in the child's best interests.

However, different rules apply when the custodial parent seeks a modification to move away with the child to another state.

Does Child Custody Affect Child Support

Child custody and child support are two separate issues in California. Once the court determines how physical and legal custody are to be divided between the parents, it will order one of the parents to pay support.

Child support is viewed as the legal duty of parents to help their minor child. Remember that no matter who gets custody of the child, the court may order child support to cover the basic living expenses and ensure the well-being of the child. Generally, child support and child custody are interlinked in a California divorce:

• In most cases, the primary custodian receives child support from the non-custodial parent.
• The custodial parent cannot breach a custody order or agreement, such as denying visitation rights to the non-custodial parent, even if the non-custodial parent misses or refuses to pay child support.
• The custody rights of the non-custodial parent will not be affected if they miss child support payments. However, they may face legal consequences such as contempt of court, jail time, fines, wage withholding and garnishment, or sale of property.

Whenever possible, We Encourage our Clients to Cooperate on Custody Matters.

Sometimes, however, if an opposing party acts unreasonably, we at Jos Family Law utilize the law and the courts to the fullest extent in order to protect our clients and their children’s best interests. Family Law courts in California – and public policy, for that matter – favor “frequent and continuing” contact with both parents. Therefore, parents should always ask themselves whether they are acting in their child's best interests before deciding that the child should live with only one parent.

Sometimes, overprotective parents genuinely believe that they are the only parents who can properly care for their children. But the real question is: Is this belief true? A parent who truly loves their child will love them enough to share them with the other parent.

Of course, there are circumstances where the other parent is violent, has committed domestic violence, or is an abuser of alcohol or another substance. In these cases, the child must be protected from the offending parent. Child custody matters are never cut and dried and, therefore, shared custody is not always the right answer. But so long as there is no physical or psychological abuse by the other parent, child custody determinations should never be used to thwart the other parent’s rights.

If you are truly looking for an attorney who will mediate, whenever possible, and will use the courts to make determinations when mediation falls short, feel free to contact JOS FAMILY LAW. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your child custody matter with you and helping find the solution that best fits your particular situation.