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Roseville Family Law Blog

Tri-parenting may be an option for some California families

Families in California these days come in all shapes and sizes. This is especially true if a child is born via surrogacy or sperm donation. This can lead to what is known as "tri-parenting" - situations in which a child will be deemed to legally have three parents, rather than two. In 2013, California passed legislation making it possible for a child to have three parents.

Having a third person legally established as a child's parent can affect many facets of a child's life. For example, having a third parent listed on the child's birth certificate, having a third parent adopt the child or having a third parent be given the opportunity to seek child custody or be ordered to pay child support can all affect how the child is raised. Moreover, many modern families by nature have three parents. For example, same-sex parents may have the help of an opposite-sex friend to conceive a child. If third-parent laws did not exist, it could lead to some parents and children being separated from each other.

Prenuptial agreements can benefit young couples

Young, soon-to-be wed couples in California naturally picture themselves as happily married for the rest of their lives. Especially if they do not have much in the way of assets, they may think prenuptial agreements are only for older, more well-to-do people entering a second marriage. However, even young couples marrying for the first time can benefit from a prenup.

One benefit of a prenup is that it makes a couple discuss finances in an open and honest way, which could benefit their marriage even if they never divorce. Having conversations about money can sometimes be difficult, but given that many arguments married couples have -- some of which lead to divorce -- involve money, it can help to have a mutual understanding about finances established from the get-go.

3 benefits of signing a prenup

The idea of a prenuptial agreement is not as scary for many people these days as it once was. You might see it as a practical and informative tool, more than a potentially unromantic gesture. Prenups can be beneficial for both parties in several ways and do not have to be devoid of romance. Protecting both of your personal or business assets can even bring you closer together.

However, you probably still have questions about prenups and how to bring it up to your spouse-to-be. Before you marry, consider the ways having a prenup can benefit both of you.

Pursuing child guardianship in California

Children in California have a right to a safe, secure and stable home. While in general parents usually exercises substantial rights with regards to the care of their child, there are times when the child's needs are not being met, and the parents are deemed unfit. When this happens, a guardian will be appointed to take over the child's care.

In essence, guardianship is a legal action in which a person who is not the child's legal parents pursues custody over the child because the child's parents are no longer fit to care for the child. Guardianship is often pursued by relatives, such as a grandparent, an aunt or an uncle. However, even people who aren't related to the child can seek guardianship, if appropriate.

What types of surrogacy are there in Florida?

Sometimes, for various medical reasons, a couple is unable to conceive a child naturally and carry it full term through pregnancy. When this happens, they may consider having a surrogate carry the child for them, until the child is born and they are given custody of it. However, there are some key points of surrogacy that prospective parents in Roseville should be aware of before proceeding.

In general, there are two different kinds of surrogacy. In the first one, known as traditional surrogacy, a woman will undergo artificial insemination. She carries the child throughout the pregnancy, and then gives the child to the couple who are to be the child's parents. However, since it was her egg that was used, she is the child's biological mother.

How does guardianship of a child differ from adoption?

There may be many reasons why a child's parents may be temporarily incapable of caring for the child. When this is the case, a court in California may appoint a probate guardian to a child. A guardian may gain custody over the child, may be able to manage the property the child owns, or both. However, child guardianship is different from adoption.

First of all, in a guardianship the child's parents do not lose their rights to the child; they can request reasonable contact with the child. Also, the court can put an end to the guardianship if the child's parents show they are able to resume care over the child. In an adoption, on the other hand, the parents permanently lose their rights to the child. Also, the court supervises a guardian of a child. The court does not supervise parents who adopt a child. An adoption is also distinct in the fact that when it comes to an inheritance, the adopted child has the right to inherit per California law in the same thats a parent's biological child would.

What factors may a court consider when awarding spousal support?

For better or worse, one hot-button issue that often comes up when a California couple ends their marriage is that of spousal support (also known as alimony). This is especially true when one spouse earns significantly more than the other. While one spouse may want to receive enough spousal support to maintain a certain standard of living, the spouse paying spousal support does not want to be drained financially. It is a difficult balance to reach. For this reason, it is important to understand what factors courts in California will consider when issuing spousal support.

In California, courts must take into consideration what each spouse is able to earn in order to maintain a standard of living that matches as much as possible the one they had while married. The court will examine the receiving spouse's marketable skills and what the applicable job market is like. The court will also consider how long it will take and how much it will cost for the receiving spouse to get the education needed to obtain work. When a spouse had stayed out of the workforce while married in order to care for the home, the extent that that choice has affected that spouse's earning capacity will also be considered.

Strive for equality when dividing property in a divorce

Starting out with wedding gifts, to that first home and moving forward throughout the years, married couples in California accumulate a lot of assets. Although couples may start their married life in wedded bliss, some find that as time marches on, their marriage deteriorates to the point where getting a divorce is in their best interests. When this happens, the couple will face many divorce legal issues, including property division.

Some couples are able to work out a property division agreement out-of-court. However, until the agreement is approved by a judge, any marital property (and liabilities) are considered to be owned by both spouses. When negotiating a property division agreement, it is important strive for equality, so that each party winds up walking away with property and liabilities that have an approximately equal value.

How the best interests of your child are determined in a divorce

Getting divorced comes with numerous stresses and difficulties, including child custody. If you are concerned about what is best for your child, you are not alone. California courts make custody and visitation decisions based on the best interests of your child.

The health and wellbeing of your child is the primary concern, but there are more factors as well. Below is an overview of what judges consider in a California divorce case.

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