Santa Rosa Family Lawyer Blog

In 2011 there were more than 450,000 total California family law court filings. These situations included divorce, child custody, spousal support, child support, and similar issues. These cases involve the familiar process that most envision in legal disputes: standing in a courtroom, attorneys making arguments, and an ultimate decision handed down by a judge. As Santa Rosa family law attorneys working on high-conflict matters, we help those in our area with contentious issues settle in the courtroom in just this way.

However, we are also aware that some community members may be interested in ways that disputes are being settled which do not follow the traditional courtroom model. Most of these different options are categorized under the term: alternative dispute resolution (ADR). Our California family law attorneys understand that on occasion there may be strategic reasons to explore options outside the traditional court system. However, one should only pursue them after being made fully aware of the implications by a legal professional.

In the family law context, the three most common forms of alternative dispute resolution are mediation, arbitration, and collaborative family law. Mediation is likely the most well-known form of ADR. It involves a third-party who helps clients reach a settlement voluntarily. This process can be stopped at any time by the parties and, even if an agreement is reached, it is only binding when the parties have officially concluded a settlement agreement. At times mediation is used to start the process to determine if a voluntary settlement can be reached. If not, then the traditional litigation approach is pursued.

Similar to mediation, arbitration is led by a neutral third-party. However, unlike mediation, arbitration is generally designed to be binding. In that way it is similar to the process conducted in the regulation litigation system, because parties are forced to abide by the decision handed down by the arbiter. For this reason, some refer to arbitration as a "private court."

Collaborative Family Law is a somewhat new area of ADR. It is an attempt at a less adversarial process where the parties, their attorneys, and others (therapists, child psychologists) agree to resolve the issues while staying out of the courtroom. This is still a somewhat novel approach to resolving these situations, and there are different agreements that are made regarding what happens if no agreement can be reached.

In many cases, one former partner in a relationship will suggest that their divorce, support, or custody dispute be settled out of court using one of these ADR methods while the other party remains unsure if the alternative is appropriate. It is important not to begin an ADR process without being fully aware of the ramifications. That is why it is vital that you never try to go it alone. Be sure to contact an experienced family law attorney to learn whether any of these options would be appropriate in your situation.

Our attorneys realize that the stress of the legal process makes it tempting to jump into these alternatives to settle family law affairs. While ADR may be worthwhile in some situations, it can also lead to one-sided results when entered into lightly. Depending on the specific situation, it may be clear from the outset that you have less to gain by using ADR. For example, an attorney may be able to explain how you are more likely to reach an agreement in your favor by being heard by a regular judge instead of a particular arbiter. In any event, mediation, arbitration, and collaborative family law still require that you have a strong advocate on your side ensuring that your interests and wishes are respected every step of the way.

See Our Related Blog Posts:

Where do I File for a Divorce in California?

What Does Joint Custody of Your Child Involve?

In the midst of divorce, property rights, use of accounts, custody arrangements, and other issues become legal matters--rather than just private affairs. That is why a heightened level of personal scrutiny is always demanded during divorce proceedings. There is no way to keep emotions out of the process, but it is important to understand the legal ramifications of actions during marriage dissolution which are often fueled by emotion.

For example, our Santa Rosa divorce attorneys often remind residents that when you are involved in divorce proceedings it is extremely important to properly manage your social media presence and internet personality. If children are involved it is likely important to be careful about social media issues even after the divorce. In this context, "social media" is used expansively. It includes everything from Facebook, MySpace, Twitter, and personal blogs to email messages, online message boards, and text messages.

Social media in divorce cases is becoming an increasingly useful weapon, especially when children are involved. A recent attorney survey from the American Academy of Matrimonial Lawyers (AAML) found that 81% of attorneys were using evidence that had been gleaned from social media sites. This evidence can influence spousal support or child custody decisions.

California child custody laws focus on the best interests of the child. This usually includes a look at whether a parent is willing and able to help his or her child maintain a good relationship with the other parent. Public displays of animosity against another parent on a social media site can be harmful when it comes to determining child custody arrangements. Additionally, the social life of the parent can be a factor in the custody decision. Posting pictures of a night out with friends or other social activity may raise questions about a parent's actions or contradict previous statements which may influence a judicial determination. Even though it may be completely innocent behavior, comments and images gleaned from these social media sites can paint a deceptive picture. This is especially true in the courtroom where the only thing the judge has to go on is the evidence presented to him or her--they do not know those in front of them personally.

Many people incorrectly believe that their information will be protected as long as they block their spouse and his or her close friends from seeing what they post. However, as individuals have discovered in a wide range of situations--including divorce--it is incredibly difficult to keep things private once they are posted online. It is always best to simply assume that anything sent in an email or put onto a social media site may eventually be seen by everyone.

Considering the potential pitfalls, sometimes the it is best to disable social media pages entirely for the duration of the divorce proceedings. Most social media sites allow you to disable your page so that it will not be available for anyone to see. This also usually prevents all others from locating your page via searches but does not require you to permanently delete previously posted information.

For the same reason, it is important to avoid saying anything in email and text messages that might come back to haunt you later. Even if you trust the person to whom you are writing, you simply cannot be sure that messages will stay private. Always try to write everything with an assumption that it will eventually become public, and try to imagine ways that it could be used against you. You cannot be too careful when it comes to social media and your internet presence during a divorce or child custody dispute. If you are in doubt about how a message or action may affect a proceeding always ask for guidance from your divorce lawyer or other legal professional.

See Our Related Blog Posts:

Where do I File for a Divorce in California?

Am I Entitled to Spousal Support?

Prior to a California court making a determination of child custody, child visitation and child support there first needs to be a determination of paternity and depending whether the parents are married or not, the law provides for different presumptions and procedures.

For example, when a married couple is living together and a child is born, as long as the husband is not impotent or sterile, it is presumed that the husband is the father. In several limited situations, this presumption may be challenged. .

If the parents of a child were never married there are different issues the parent must contemplate regarding the issue of paternity.

Parents who were not married may legally establish paternity through the execution of a Voluntary Declaration of Paternity, which is a document commonly available at any hospital. In essence, the voluntary declaration includes a statement by both the mother and father stating they each believe the declared father to be the child's biological father and that they consent to paternity being legally established. When unmarried parents have a child born in a different state and the parents signed a voluntary declaration in that separate state, a California court will recognize a declaration signed in that different state.

The signing of the voluntary declaration does not prohibit the declared father from later having a court enter a formal judgment regarding paternity or having the voluntary declaration set aside if DNA tests show that he is not the biological father.

For the any unmarried parents that have never signed a voluntary declaration who wish to establish paternity, they must petition the court to determine paternity. This requires a parent to file a Petition to Establish Parental Relationship. However, the filing of a Petition to Establish Parental Relationship does not allow the court to make orders regarding child custody, child visitation and child support. The Petition to Establish Parental Relationship only allows the court to determine paternity and if a parent wants the court make orders regarding child custody, child visitation and child support, the parent must file a separate motion for those particular issues.

Once a Petition to Establish Parental Relationship has been filed by either parent, the parties can either reach an agreement if neither the father or mother contests the issue regarding who is the biological father. However, if neither party agrees a DNA test may be ordered by the court to either establish paternity or disestablish paternity.