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Roseville Family Law Blog

What are the processes involved in obtaining guardianship?

Throughout California, there is a significant number of children in need of a caring, loving, and stable home. Far too often, for whatever reason, these children are unable to receive such a home from their parents. Although some of these children are adopted by relatives, family friends, or foster parents, that is not the only option available to families. Guardianship can also be considered.

Before a guardianship can be established, though, certain processes must be completed. To start, a guardianship petition must be filed with the court. There are number of parties who can file the petition, including a child's parent, the proposed guardians, and even the state if the child is currently a ward of the state. Once the petition is filed, the court will set it for a hearing.

3 mistakes to avoid during child custody litigation

Going through a child custody battle may be one of the most stressful experiences of your life. You may feel like everything is on the line. In your heart, you feel like you deserve as much custody or visitation as possible. But how you conduct yourself during child custody litigation is a significant determining factor in how the cards fall. 

There are some crucial mistakes that are easy to make during a custody proceeding. Read below to learn about some common pitfalls to avoid as you go through child custody actions. 

The ways a prenuptial agreement can be found invalid

As we have discussed previously on this blog, deciding to get married is much more than an emotional decision, as it can also have significant financial ramifications. In essence, those who choose to get married are choosing to split all property and put themselves in a position where they may have to pay child support and/or alimony. Of course, many, but not all, of these issues can be settled well beforehand, even prior to the marriage actually occurring. The best way to do this is to enter into a prenuptial agreement.

Yet, in the rush to enter into a prenuptial agreement, one party may feel that they were not given all the relevant information or not enough time was given to consider the agreement before it was signed. When it comes time to divorce, the terms of a prenuptial agreement may not be as favorable as they did when the marriage was entered into. In these instances, it might be in a Roseville resident's best interest to try to have the agreement found to be invalid.

How to secure grandparent visitation in California

Family dynamics can change over time, and no two families are exactly alike. Therefore, when family law issues arise, whether through divorce or ending a non-marital relationship, the parties to the case need an individualized approach. When the court makes determinations on important family law issues, such as child custody, child support, property division, and alimony, it will turn to the specific facts of each case. Therefore, it is critically important for those who are entering this arena to know how to use the facts and the law to their advantage.

This can be especially true when dealing with grandparents' rights. Far too often when parents divorce, grandparents are left with a minimized role in their grandchildren's lives. A bitter ex-spouse may disallow contact, and even when contact is allowed, the mere day-to-day life of a child who splits time between parents can make it difficult to work grandparents into a visitation schedule. Yet, by utilizing the particular facts at one's disposal, and the law, a grandparent may be able to secure legally enforceable visitation.

3 reasons you should consider creating a postnuptial agreement

A postnuptial agreement, also known as a postnup, is a marital contract that outlines the division of assets in the event of divorce. But if you did not sign a prenuptial (prenup) agreement before marriage, why would you consider signing something similar after marriage?

There are a lot of reasons why you should consider enacting a postnup. Here are a few situations that may cause you to consider entering this type of marital contract. 

We funnel emotions into strong family law arguments

A few weeks ago we discussed the legal importance of paternity. Whether you think you are the father of a child and want to secure your father's rights or a mother looking to collect child support, this issue can be crucial to you and your family's future. The same holds true for all child custody and child support issues. Relocation can be a contentious issue where careers and relationships can be put at risk, and custody modification battles can leave parents fighting over what they believe is in their child's best interest.

Since these issues can be emotionally overwhelming, many individuals turn to personal attacks and retributive tactics in order to try to gain the upper hand. This is a mistake. Taking this approach to important family law matters can only complicate things, either by stalling negotiations or sending the wrong message to a judge during litigation.

How to respond to a divorce petition

Being served with a divorce petition can have any number of effects on an individual. For some, the act is expected and perhaps even welcomed. Others, though, may find themselves shocked that their spouse has filed for divorce. Regardless of how an individual feels, he or she needs to be prepared for what comes next. Although most people are familiar with at least the basics of family law issues, such as property division and child custody, those issues only surface after some sort of response is made to the initial petition.

Under California law, there are essentially four ways that an individual can respond to a divorce petition. The first way is to not respond at all. By doing this, the individual puts him or herself at risk of being defaulted in the divorce. This means that everything that is requested in the petition will likely be granted. Therefore, very rarely is failing to respond the proper course of action to take.

Common reasons for the end of a marriage

Although divorce can arise out of any number of circumstances, there are a few common themes. One of the most common reasons for divorce, for example, is infidelity. Although many think of this as meaning a physical relationship, infidelity can involve emotional relationships, too. Individuals can also spark up online relationships via social media that leave the other spouse feeling like they are being cheated on.

Another common reason for divorce is money problems. Those who are living paycheck-to-paycheck can find themselves overwhelmed with stress. Figuring out how best to spend and save money can leave couples in discord, especially when each party seems to want to live two completely different lifestyles.

Guardianship assistance may be available to those who qualify

Previously on this blog we discussed how guardianship differs from adoption. For many California families, a guardianship makes sense. It allows a child to obtain a safe and stable home while at the same time preserving parental rights. Although most, if not all, parental responsibilities are assumed by the guardian while the guardianship is in place, parents still have the opportunity to try to terminate the guardianship when they feel that they are fit to care for the child once again.

Serving as a guardian, while admirable, can be difficult. Not only may there be physical and emotional strain, but there might also be financial difficulties as well. This is why before considering guardianship, prospective guardians should assess whether or not they qualify for a guardianship subsidy.

What is paternity and why is it important?

When it comes to family law issues, most individuals consider issues regarding their children to be the most important. Whether an individual is dealing with child custody and visitation, child support, or even property division, thinking of one's children can reshape how these critical issues are approached. For many Californians, though, these matters may not even be addressed until paternity is established.

Paternity is simply the process by which a man is deemed the legal father of a child. Although most people think of this as occurring via DNA testing, the truth of the matter is that paternity can be established as easily as signing an affidavit. DNA testing may become necessary when a child has a legal father, such as when a child is born in wedlock, but the mother believes that another man is the biological father.

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