Roseville Family Law Blog

Many Californians are all too familiar with situations where an individual is unable to care for their child. Sometimes this is caused by financial strain, but, in other instances, incarceration, substance abuse, and mental health issues are a driving force in a parent's inability to adequately care for their child. In these instances, legal action may be needed to ensure that a child has an appropriate legal caregiver. This is where a guardianship may prove beneficial, as it essentially instills parental responsibilities in an individual other than a child's parent.

There are essentially two ways that a guardianship can come about. The first way a guardianship can be created is through the Juvenile Dependency system. Here, when children are removed from their parents by the state due to abuse or neglect, the court may appoint a guardian to ensure that the child has a safe home with a legally responsible adult. Although this may end a child abuse or neglect case, the guardianship may survive until the child turns 18. It is important to note that, although termination of parental rights and adoption may be possible through the juvenile system, guardianship does not terminate parental rights.

There's no doubt that the divorce process can be an emotional one. For many Californians, dealing with child custody and visitation issues is at the heart of their emotional conflict. Yet, in many instances, parties find themselves squabbling over who will get the family pet. Previously, California law recognized pets as property, meaning that a decision had to be made about which party would take control of it. However, a new law set to take effect in 2019 will change the way courts handle this oftentimes delicate issue.

Under the new law, an individual can seek sole ownership of the pet or joint ownership. Similar to a child custody hearing, the court will consider the pet's well-being and, as such, what type of arrangement will support the pet's best interests. The court may, therefore, look at which party has been responsible for feeding the pet, as well as who has taken on the responsibility of taking it to the vet when needed.

In a perfect world, parents would be able to provide for their children with support from friends and family. As we all know, though, the world is far from ideal. Often, parents are incapable of caring for their children, whether it be due to substance abuse, domestic violence, poverty, or incarceration. When this happens, somebody else must step in to raise these children.

Quite frequently, family members step forward to help out. Yet, without a legal relationship in place, these individuals may be limited in the care they can provide to the children they take in. This is why a guardianship can prove beneficial. Before deciding to take the plunge into guardianship, however, individuals need to consider a number of things.

A recent post here discussed the differences between community property and separate property. This distinction can have a dramatic effect on the property division process when a couple gets divorced. It can lay the foundation for an individual's post-divorce finances, which means that it needs to be handled carefully and competently.

The legal team at Creative Family & Corporate Solutions know how to look for and identify property that is separately owned from community property. We are skilled at making legal arguments that seek to remove assets from property division negotiations. This gives our clients better financial footing post-divorce, especially since they still retain the right to take ownership of a fair share of the community property as well.