Do Not Let A Divorce Mean The End Of Your Family
California law mandates that family courts issue orders to assure the health, safety, and welfare of children, and frequent and continuing contact with both parents. Parents are encouraged to share the rights and responsibilities of child-rearing, consistent with the best interest of the child. The court will also tailor its orders to be consistent with any protective or restraining orders that are in effect and concern the parties or the minor child(ren). The lawyers at VM counsel clients at all stages of the litigation process, to ensure the client is acting in the best interests of the minor child(ren), so that in crafting a parenting plan that is in the best interest of the child(ren), the plan will also maximize the custodial time of the client.
Among the factors a court will consider in determining and evaluating the best interests of the minor child(ren) are:
- A history of domestic violence
- Parental alienation
- The parents’ wishes
- The child’s wishes (if the child is of sufficient age to communicate their wishes)
- Any mental or physical disabilities
- Financial and economic considerations of the parents
- The proximity of the parents to each other and the child(ren)’s school
- The parties work schedules and other commitments
Assisting Parents Resolve Issues Of Paternity
Paternity actions arise when a child is born to parties who are not married. A paternity action is similar to a divorce in that the custody and child support are related to each other. One of the distinctions between paternity matters and divorce is that our society allows for the parties to enter into a voluntary declaration of paternity when the child is born. If that agreement is not reached and/or if the father is not included on the birth certificate, then paternity must be established by an agreement by the parties or by a DNA test.
Defending The Rights Of Grandparents To Visitation And Family Access
There is quite a bit of misunderstanding concerning grandparent visitation in California. grandparents may petition for visitation with their grandchildren pursuant to the court’s discretion. A court will only issue an order on grandparent visitation if the grandparents had an existing relationship prior to petition and the court determines that it is in the children’s best interest. There is a presumption that it is not in the children’s best interest to interrupt or interfere with the rights of either natural or adoptive parents. VM has extensive experience both prosecuting and defending visitation claims by grandparents.
When Your Circumstances Change So Do Your Commitments
Child support, visitation and spousal support orders are subject to modification upon request by a party, if it is in the minor child(ren)’s best interests, or there has been a material change in circumstances that warrants a modification. Numerous factual scenarios could support such a request. Among the more common are that one spouse is earning significantly more or less money than when the order was made; one parent wishes to move out of the jurisdiction; or an older child no longer wishes to visit, or reside with, a parent.
If you need assistance with a child custody, visitation and paternity matter, turn to the capable team at Vorzimer Masserman - Fertility & Family Law Center. Call our Woodland Hills office at (818) 303-2438 or send us an email to schedule a consultation.