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Roseville Family Law Blog

Guardianships vs. Caregiver's Authorization Affidavit

When a parent is unable to care for his or her child, it may become necessary to consider available legal options to ensure that the child is properly cared for. One of these options is legal guardianship. Through a child guardianship, an appointed guardian is bestowed with what essentially equates to parental rights, but only on a temporary basis. This allows a child to receive adequate care until his or her parent is once again able to provide for him or her on a full-time basis.

As enticing as guardianship may seem to some Californians, it is important to note that it is not the only option for those involved in one of these situations. Many individuals think that they need a guardianship at any time when they are unable to care for their children, but this is not necessarily the case. For example, when a parent voluntarily relinquishes care of his or her child by signing paperwork that allows another to care for his or her child, then a guardianship may not be needed. This document is often referred to as a Caregiver's Authorization Affidavit.

Child custody, visitation, and parental interference

Although money can be an important consideration in divorce, many Californians are most concerned about protecting their relationship with their children. Sometimes couples are able to resolve child custody and visitation issues through settlement negotiations. Other times the matter has to be litigated. Regardless of how it is resolved, though, the issue can still become problematic from time-to-time, sometimes requiring additional legal action.

This is true in the case of parental interference. In essence, once an agreement or court order spells out the bounds of a child custody and visitation agreement, the parties need to stick to it. Oftentimes due to negative animosity amongst the parties, one parent may try to disrupt time his or her child spends with his or her other parent. This is parental interference. It can occur directly, such as when a custodial parent refuses to make the child available for visitation with a noncustodial parent, or it can be indirect in nature, such as when communication between the child and the other parent is blocked or delayed.

Study find correlation between women's careers and divorce

Divorce can be a difficult thing to cope with, especially when you are not the one who initiated it. You may find yourself confused, saddened, and angry. Many Californians also wind up asking themselves what went wrong with their relationship. Although there may be a number of factors that contribute to the dissolution of a marriage, one study claims to have found a strong correlation between gender roles, career trajectories, and divorce.

The study found that women who receive a promotion at work are twice as likely to get a divorce than those who don't receive a promotion. The reasoning for this striking increase is especially pronounced amongst those who fulfilled stereotypical gender roles prior to the woman's promotion. This would mean that divorce is more likely when, prior to the woman's promotion, the man's career is the focus of the relationship. However, the study also found that women who are in more gender-equal relationships were less likely to divorce when the wife received a promotion.

Tips for reentering the workforce after divorce

Reentering the workforce after a long absence can be tough under the best of circumstances, but if you are trying to do so in the aftermath of a recent divorce, it can prove even more difficult. Often, one party in a marriage sacrifices his or her own education or career advancement for the sake of the other partner or the children, but long lapses outside of work can leave you lacking in terms of marketable skills.

If you are among those looking to get back to work after divorce and start providing for yourself again, consider the following:

California firm helping address child support issues

Regardless of whether you're a custodial or noncustodial parent, the outcome of a child support dispute can shape the financial well-being of you and your child. As we discussed last week, there are limited circumstances under which child support can be stopped, but there are many instances when a child support modification is warranted. Whether you are seeking to increase or decrease a support obligation, you need to be prepared for a fight, as very rarely do parents agree on an appropriate amount of monthly child support.

This is why it is often critical that you have a legal ally on your side when you confront these matters. A skilled family law attorney may be able to help you gather the evidence you need to support your claim and thereby increase the likelihood that a judge will rule in your favor. This evidence may include documentation demonstrating financial hardship, such as notification of termination from a job or medical documentation, or it may involve showing the other parent's increased income or increased needs of the subject child.

Cessation and modification of child support

Child support can be a massive financial obligation for Californians. This is especially true for those who have multiple children, children with extensive needs, and those who have an insignificant income. There are a variety of factors that can affect child support, many of which can change over time. This means that child support modification, one direction or the other, is often justified. But when can a child support obligation be ended?

There are a number of ways. To start, one's obligation to pay child support ends when a child becomes the age of majority. In California, this is the age of 18. Another way child support obligations cease is when a child becomes emancipated. Emancipation occurs when a child becomes self-sufficient, thereby no longer needing support from his or her parents. Emancipation can occur when a child joins the military, leaves home, or gets married.

The importance of a postnuptial agreement

On this blog we have discussed the importance of prenuptial agreements. This agreement is essentially a contract between two individuals entered into before marriage that spells out how their finances will be handled in the event of divorce. While it primarily deals with property division, it can address other issues from alimony to social media accounts. It's an agreement that really allows parties to get creative to find a way to alleviate financial tensions, thereby allowing the couple to focus on their relationship.

Certain issues cannot be addressed in a prenuptial agreement, though. Child custody and support, for example, are off limits. That means that these issues will have to be addressed either through negotiations or litigation during the divorce process, should the relationship get to that point.

Contested child guardianship and court investigation

Sometimes, for whatever reason, parents find themselves in hard times. Whether this involves financial matters, mental health, substance abuse, or another issue that substantially affects one's ability to care for his or her children, alternative arrangements for the children's care may need to be sought. Although the state, under certain circumstances, may try to terminate an individual's parental rights, thereby freeing the children for adoption, this is considered a last resort. To avoid this outcome, alternative plans exist, such as custody arrangements and guardianship.

Through a guardianship, a Roseville individual assumes parental responsibilities over a child until such time as the guardianship is dissolved. Sometimes all parties, including a child's parent or parents, agree to a guardianship. In other instances, though, a guardianship is contested.

How an attorney can help with surrogacy agreements

Surrogacy can be a great way for a family to begin or expand their brood, especially when a woman is unable to carry a pregnancy on her own. While this arrangement can prove beneficial to all parties involved, the success of such an arrangement is often dependent upon how that agreement is drafted. The law requires surrogacy pregnancies to be documented in a surrogacy agreement, but those who are unfamiliar with the legal process involved may wind up running afoul of the law. This could result in negative results. When dealing with a child's life, parents' expectations, and extensive medical costs, there is a lot at stake.

Therefore, it is often wise to seek the assistance of an attorney who knows the law surrounding surrogacy. Those attorneys who are experienced can help advise parties about the process so that they know exactly what to expect, including information about timelines and cost. Additionally, a lawyer can help with the surrogate selection process by providing objectivity during a time when emotions may cloud judgment. But that's just the start.

How young couples can benefit from prenuptial agreements

Chances are, you are not going to propose to someone, or accept a proposal, if you have any doubts about having a successful, lifelong marriage, but modern divorce rates suggest that not all marriages last for the long haul. You may think that you do not need a prenuptial agreement because your relationship is strong, or because you two have only minimal assets, but there are many arguments for creating one, even if both of these assertions hold true.

If you are marrying at a young age, you may want to consider creating a prenuptial agreement to:

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