Santa Rosa Family Lawyer Blog

Kidnapping victims often face challenges when reuniting with family members.

Earlier this week three women who were kidnapped over a decade ago and held in a Cleveland, Ohio home were able to escape. These women are currently reuniting with their families after long periods of isolation. According to psychologists, reintroducing individuals who have been held captive to people they knew before can be a very difficult process.

In response to news of the women's escape CNN.com republished a 2009 article discussing the reunification of two children with their parents after being kidnapped and held captive for extended periods of time.

One of the children featured in the piece was Richard K. Wilfong Chekevdia who was six years old when his mother abducted him in violation of a court order granting joint custody to both parents. The boy was forced to live in seclusion for over two years before he was discovered.

Military personnel also report that reunification with family members after deployment is the most stressful aspect of separation.

A survey of military spouses of deployed Army soldiers with young children also reveals that families experience challenges when reuniting after a stressful or traumatic experience. Of the military spouses interviewed, 75 percent of respondents said that the return from deployment was the most stressful stage of separation for the family. The military spouses described family members as having conflicted emotions.

Experts believe that children involved in custody disputes are susceptible to stress and anxiety when reuniting with a parent they have not seen for a period of time.

According to experts, in some cases, children who find themselves in the midst of their parents' custody dispute may face similar challenges as kidnapping victims and military personnel when reuniting with a parent they have not seen for a long period of time. While children who are involved in custody disputes usually don't experience the same level of severe isolation and trauma as these group, children who are involved in custody disputes are sometimes encouraged to develop feelings of hate or resentment against a parent. At times, the parent who is teaching their child to hate their other parent may employ extreme tactics.

When one parent wants to relocate with the minor child in a custody case, they will usually need either the consent of the other parent, or they will need a court order granting the move away orders request. This issue comes up often when one parent wants to move out-of-state for a new job or because they are getting remarried.

Issues that come up in a move away request are how the move would affect the minor child or children involved, how visitation and/or custody would be affected by the move, the reason for the move, and like all child custody matters, whether it is in the best interest of the child to make the move.

If a parent wants to move, it is not impossible to simply get the other parent to consent to the move. The law usually requires notification to the other parent of the proposed move before a court action is filed, and it is important to offer a reasonable visitation schedule to the other parent, since a move will usually make it more difficult for the other parent to maintain the current visitation schedule.

If the other parent does not consent to the move away request, then you will usually need to file a request with the court to be able to move with the minor child or children, unless a prior order already gives you the right to change residency without the consent of the other parent. In a court hearing, there are some presumptions that favor the parent with primary custody of a child. However, those presumptions can be overcome, as it is important to make a clear case to the court why the move will benefit the minor child or children.

One of the most important factors is which parent has been providing a stable environment for the child. Other important factors are comparing the schools - for example is the new school better for the child than the old school - and also community statistics. A judge is more likely to grant a move away request where the parent is moving somewhere with a lower crime rate and better schools, than the other way around.

An important caveat to remember is that a move away request is not automatic, even if you are the primary custodial parent. A request should be made with plenty of time to spare before the planned move; this is not something to request at the last minute. A court may not allow you to move with the child, which means you could still move, but custody would switch and the child would stay with the other parent.

Also, a move away court dispute can be very costly, so it makes better financial sense for parents to try to work out an arrangement that allows the move but maintains sufficient contact with the other parent. With modern technology, this is much easier, with parents able to video chat with their children over the internet from anywhere in the country, or even the world. Also, often the parent who doesn't have as much visitation time during the school year after the move could have most of the time during summer and holidays.

Last caveat, do not try to move away just to get an advantage in a custody case. If you aren't doing something with the child's best interest in mind, that could really backfire in a custody case.

In California, Family Court judges can order a child custody evaluation, which may also be referred to as a "730 Evaluation," to look into the mental health and parenting practices of one or both parents. The evaluation usually takes place over a period set forth by the judge or the evaluator, from weeks to, sometimes, months. It will generally consist of psychological testing as well as interviews conducted with all adults involved with the child, including parents, step-parents and sometimes other adults who have significant roles in the child's life. While the judge orders the evaluation, either parent may also make a request for an evaluation.

Child custody evaluations have become quite commonplace in California family courts. Child custody evaluations are most often ordered when the judge has concerns about the best interests of the child. Judges will often base custody and visitation orders on the findings in these evaluations. Typically, an evaluation could be ordered for a number of reasons, including:

· Concerns about child abuse
· Substance abuse
· Mental health problems
· One parent wishes to move out of state and the other parent objects
· Questionable parenting practices
· Inability to agree on a custodial agreement
· Questions or concerns about the child's upbringing

Of course, there are other reasons you may wish to have an evaluation completed, and if that is the case, you can certainly request one.

In California, a custody evaluation must be conducted by a qualified mental health professional, like a psychiatrist, psychologist, qualified social worker, or marriage and family therapist. Even when a psychologist serves as the evaluator, they may choose to enlist another psychologist to complete the testing, with the evaluator then interpreting the test, since it is a highly-skilled area. The evaluator may either be chosen directly by the judge, or the judge may ask the parties to submit a list of evaluators, which the judge will then choose from.

After the evaluation, the evaluator will write up and submit a report to the judge and the parents' attorneys. The evaluator may be called into court to testify, either to defend or explain the recommendations, and in some cases, can be ordered to conduct further study into the matter. The parties will receive the evaluator's report in enough time to allow them to review it and make any objections.

If you disagree with the evaluator, you may challenge the evaluator's report or even file a motion to have the evaluator removed. In a recent case a father successfully moved to have the evaluator removed. In that case, the evaluator acted in ways to suggest that he was biased against the father. Furthermore, the court found that, through this bias, the evaluator may have negatively influenced the child's view of his father. Because the court then awarded sole legal custody to the mother based, at least in part, on the evaluator's report and on the child's possibly tainted statements, the court ordered the evaluator removed and the court's custody determination reversed.

When a married couple with children separates or divorces, or where only one of an unmarried couple has custody, the non-custodial parent may be responsible for paying child support.

Child support is typically based upon the non-custodial parent's income and the number of dependent children. California courts use child support guidelines - a matrix allowing the court to apply the parents' total income and match it with the number of children. The matrix then provides the amount of money the family should provide for their children. Then the court can determine what percentage each parent contributes to the monthly income. Under California law, in unique circumstances, the court may deviate from the guidelines. However, such deviations are rare, and the court must then state the reasons for doing so. It is the legislative intent in California that a parent's first and principal obligation is to support his or her minor children.

In the past, parents were left on their own to work through child support issues. However, state child support enforcement agencies are now taking a significant and aggressive position with regard to seeking payments from non-custodial parents. Even where the non-custodial parent has a reduced income, whether due to a job loss or salary reduction, they must still continue to pay child support. They may seek to have the child support obligation reduced, but they cannot decide on their own to simply reduce the amount they pay in child support.

Remedies that may be used to collect child support include:

Earnings Withholding Order for Support (Garnishment): An order issued on writ of execution, directing an obligor's employer to withhold and pay a percentage of obligor's earnings to the levying officer to satisfy a judgment for support.

Earnings Assignment Order: A court order directing an obligor's employer to withhold and pay a percentage of obligor's earnings to the obligee under a support order. Earnings assignment orders are automatic for support orders issued or modified on or after July 1, 1990, unless the assignment order is stayed or quashed.

Security Deposit Before Delinquency: A court order directing an obligor to establish a child support trust account in a state or federally chartered financial institution, into which obligor must deposit of up to one year's child support. Amounts may be deducted from the account and paid to the obligee if the obligor is 10 or more days late in making support payments.

Security Deposit After Delinquency: A court order directing an obligor to deposit cash or other assets with a court-designated deposit-holder to secure future child support payments. The assets may be used or sold to pay child support arrearages if payments continue in arrears.

Government Benefits Intercept: Permits a support obligee in cases in which the support obligation is not being enforced by a local child support agency to intercept certain payments by state agencies and other public agencies to the obligor to enforce a support obligation owing to the obligee, including tax returns.

Monetary Penalty on Delinquent Support Payments: Allows support obligee to file and serve a notice of delinquency on the obligor whenever payments under a support order are more than 30 days in arrears. Any payments that remain unpaid for more than 30 days after such a notice has been filed incur a penalty of 6 percent per month, up to a maximum of 72 percent of the unpaid balance.

Loss of Driver License: In cases where the local child support agency is enforcing the support obligation, your driver license can be suspended, revoked, not issued, or not renewed if you are delinquent in child support payments.

Q: What is an action for contempt against spouse and what is it used for?

You and your soon to be ex-spouse are going through a highly contested divorce proceeding. You believe that your spouse does not play by the rules, and your spouse believes that you are hiding assets. The unfortunate aspect of your divorce is that you have three young children, and there are child custody orders which grant both you and your spouse joint legal and joint physical custody of your children. In conjunction with those orders, you have a child visitation schedule with your three children on a week-on, week-off time-sharing schedule, with exchanges to take place every Sunday at 6:00pm.

It never fails that whenever there is a major sporting event on television, your spouse NEVER exchanges the children on time. In fact, your spouse is always hours late to the exchange, and you never can count on receiving the children on time. This last Sunday, October 28, 2012, the San Francisco Giants were playing the Detroit Tigers for the World Series. If the San Francisco Giants won the game, they would have been crowed the World Series Champion. Well, you knew, just as it always happens, that your spouse would not exchange the children on time. In fact, on this October 28, 2012, after the San Francisco Giant beat the Detroit Tigers to win the World Series, your spouse did not exchange the children but withheld them from you. As far as you were concerned, this was the last straw and you wanted to know how you could compel your spouse to abide to the rules set forth by your child custody court order.

The answer is simple. You have the right to file an action for contempt against your spouse. An action for contempt is a quasi-criminal matter. If found guilty, your spouse could actually be sent to jail or could instead receive a sentence requiring them to perform a significant amount of community service.

Actions for contempt are governed by California Code of Civil Procedure §1209 et al, which states that "(5) Disobedience of any lawful judgment, order, or process of the Court..." are contempts of the authority of the court. CCP §1209(5). Pursuant to CCP §1218(c), in any action where a party is found in contempt pursuant to the family code, "the court shall order the contemner to perform community service of up to 120 hours, or to be imprisoned up to 120 hours, for each count of contempt." In addition, CCP §1218 prescribes a fine and/or punishment and provides that for each act of contempt the contemnor may be fined up to $1,000.00.

"The purpose of...civil contempt proceeding is not to punish but to secure future compliance with the orders of court..." Wilson v. Superior Court (1987) 194 Cal.App.3d 1259, 1275, citing Toussaint v. McCarthy (N.D.Cal 1984) 597 F.Supp. 1427, 1431.
In order for a party to be held in contempt of Court for disobedience of any lawful order, "the acts constituting the contempt must be clearly and specifically prohibited..." Brunton v. Superior Court (1942) 20 Cal.2d 202, 205. In fact, the "most basic premise in the law of contempt is that such punishment can only rest upon clear, intentional violation of a specific, narrowly drawn order." Wilson v. Superior Court (1987) 194 Cal.App.3d 1259, 1273.

In your case, where your spouse has consistently disobeyed a Court order requiring exchanges of your children to take place each Sunday at 6:00pm, a Court may find that each instance of your spouse failing to return the children to you on time is a separate and distinct charge of contempt. Therefore, if your spouse has not returned the children on time on five different occasions, theoretically, your spouse could be held in contempt of five distinct charges. Under this scenario, your spouse could be sentenced to over 600 hours of community services, or fined up to $5,000.00.

Children can be significantly affected by a divorce. Many divorcing parents today are employing written parenting plans to assist themselves and their children with the transition. A parenting plan is a written document that attempts to address many of the potential areas of contention between divorcing parents.

The major benefit with parenting plans is the consistency they offer. Whenever an issue arises between the parents, they can review the parenting plan to determine the proper course of action.

Just as every child, and every family, is unique, so should each parenting plan be unique. Your parenting plan should be tailored to your child's needs. Those needs will change depending on your child's age and personality. As your child grows and changes, the parenting plan should be updated accordingly. The plan should also take into account each parent's schedule and parenting strengths.

Of course, in order to create a parenting plan, the parents must discuss and agree upon many different and diverse issues. Some of those issues will be difficult to agree on and many will be emotionally charged.

Child custody and child visitation should always be discussed at length in a parenting plan. There are many, many different kinds of child custody arrangements and just as many visitation scenarios. Some families prefer to change child custody over short periods of time, while others prefer for the children to reside with each parent for longer periods at a time.

One contentious issue between divorcing parents is transporting the children. When divorcing parents live close to one another, then parents must discuss whether the custodial parent will drop off the child or whether the not custodial parent will pick them up. The situation is more difficult when parents live farther away. In those situations, the child may need to take a train or plane in order to reach the other parent's home. Until the child is older, they will likely need someone to accompany them, and the parenting plan should specify which parent that will be.

Parenting plans should also discuss the basic care of the child. Such basic care includes food, sleep, and activities. Recently, more and more families are adopting organic, vegetarian, or vegan diets. Parents may wish to include these dietary choices in a parenting plan, to ensure continuity for their child.

Parenting plans can cover any issue that parents wish to address. For example, parents may want to limit the amount or type of visitors that a custodial parent has while watching the child. Parents may also address the usage of cell phones, computers, and the Internet. The plan can also delve into the child's involvement in sports and other extra-curricular activities. Such activities can be particularly difficult, because some parents may need to discuss how they will attend the child's events. Finally, one particularly contentious issue that must be addressed is religion. Even when both parents are religiously compatible, the parenting plan should address when and where religious activities will occur, and how the child may participate.

When parents divorce, or when unmarried people have a child together, child custody is almost always an issue. After all, both parents will usually want to spend as much time with their child as they can. Prior to starting a child custody battle, many parents are not aware of the different types of child custody.

Physical Custody
Physical custody is the most common custody type available. Physical custody means that the parent has the right to have the child or children live with him or her. Most modern custody agreements give physical custody to one parent and child visitation rights to the other parent. These visitation rights typically include exclusive time with the child on weekends, holidays, and a number of weeks during summer vacation.

Legal Custody
Legal custody means that the parent has the legal authority to make decisions about their child's education, health, and upbringing. Legal custody is often given jointly to both parents, even when one parent has sole physical custody, unless it is shown that one parent is clearly unfit. Joint legal custody requires the parents to come to a consensus about many difficult subjects, such as religious instruction, medical care, and education, all of which will shape the child as he or she grows.

Sole Custody
Sole physical custody occurs where the court determines that one parent is unfit, and the child lives only with the other parent. Sole physical custody most often occurs when one parent has financial, drug, or alcohol problems. It may also be awarded where on parent is living with a new partner and the new partner is deemed unfit to care for the child.

In most instances, the parent with sole custody has both physical and legal custody. Sole custody arrangements are actually rare, and limited to situations where one parent is clearly unfit. Even where one parent has sole physical and legal custody, the non-custodial parent will still likely have periods of visitation with the child. However, where domestic violence or child abuse is involved, these visits may be supervised.

Joint Custody
Joint physical custody means that the child lives with both parents on a scheduled basis. The schedule will often be created by the parents and approved by a judge. Every schedule is different, and is based upon the needs of the child and the parents' schedules. Depending on the child's age, the parents may rotate by day, week ,or even month when both parents live in close enough proximity to the child's school. However, where one parent lives a significant distance away, the child may live with one parent primarily during the school year and the other parent during weekends, holidays, and summer vacation.

A newer form of joint child custody is referred to as a bird's nest custody arrangement. With the bird's nest arrangement, the child or children continue to live in the family home at all times. The parents then rotate who lives with the children on a scheduled basis. The arrangement is seen as beneficial to young because it allows them to attach their emotions to the family home.

See related blog posts:
International Child Custody Case Reaches the United States Supreme Court
Resolving a Child Custody Matter With the Courts

The popular misconception of what does child support cover is that child support is intended only to cover only a child's bare necessities, like food and clothing. The truth, however, is that child support covers much more. Child support includes school fees, entertainment, medical expenses, and extracurricular activities, among other things. In California, courts do not require parents to prove the child support payments they receive are going toward specific activities. The exception to this rule occurs where there are concerns that the child's basic needs, like food, shelter, and clothing, are not being met.

Basic Necessities
It seems fairly obvious that child support may be used to pay for food, shelter, and clothing. Purchasing groceries and clothing, and even paying the mortgage, rent, or utilities is acceptable.

Uninsured Medical Expenses
Child support may be used to pay for uninsured medical expenses and any out-of-pocket medical costs exceeding the cost of basic health insurance. Such costs include co-pays, deductibles, and surgery expenses. In California, parents must pay for half of all uninsured medical costs.

Education
Even public education is not completely free. Child support may be used toward the cost of school uniforms, textbooks, lunch money, and even private tutors, if necessary. California divorced parents are required to pay for half of all education-related expenses.

Childcare
If one or both parents work, and cannot stay home with their child, child support is appropriate for covering childcare expenses, including daycare, babysitters, and nannies. Of course, during school breaks in the summer months or on holidays, child support may also be used to cover any childcare needs.

Transportation
Child support may pay for basic transportation and travel costs, because children need to be transported safely and securely. Transportation costs may include car maintenance, gas, registration, and insurance. Child support may also be used for travel costs, particularly when traveling to visit the non-custodial parent.

Entertainment
Child support may be used for age-appropriate entertainment activities, as agreed upon by both parents. Entertainment can range from computers, television, and the internet to the movie theater, amusement parks, camping trips and possibly other activities as questioned in our recent family law attorney blog post..

It is important to remember that the purpose of paying child support is ensuring that the child's standard of living does not decrease simply because his or her parents divorced. At any time, either parent may request a review of the child support order by the local child support agency. The request must be in writing, stating the reasons for changing the support order. Generally, modification is justified when getting a new job, losing a job, or if custody/visitation changes. However, quitting a job is not justification for a review.

If the local child support agency decides the requirements for review are not met, the parent requesting the review may ask the court to review the order. In the event that both parents can agree on the amount of support ahead of time, the parents can sign a stipulation that must be filed with the court.

Certainly, in these difficult economic times, payment of child support is a difficult obligation. In the event that a parent cannot make the full child support payment, they should immediately contact their local child support agency to avoid or minimize any legal actions as a result.

See related blog posts:
The Importance of Establishing Paternity
Divorce in Six Months or Six Years

The father's position: The father in our divorce story does not believe that his daughter should be in expensive pageants, and does not want to pay out in child support for them. He believes that the cost of thousands of dollars in costumes, make-up, hair, travel and lodging is excessive and could be used better toward education. He argues he is a middle income earner, and cannot afford costumes that can be upward of $3,000. The father claims that there's too much pressure on his daughter that is causing unrealistic "body image issues". He also feels that practicing 7 - 10 hours per week for a pageant is exhausting for daughter. He's opposed to mother's placing their daughter on low calorie diets and not letting her be a "kid". He feels that mother's control, daughter's long hours, and pageant demands are abusive to his daughter and her right to a carefree childhood. He also believes that he shouldn't have to support such a frivolous past-time as pageantry.

Further to support the father's position, California has no labor laws regarding pageants. Pageants are exempt from federal labor laws under the Fair Labor Standards Act of 1938. Child contestants of pageants are not considered to be "working" as they sometimes spend 10 hour days not "working" at a pageant with their parent.

The mother's position: Mother feels that pageant participation has given their daughter poise, grace and self-esteem. She states that their daughter enjoys being in pageants and that there's a great future for her daughter in modeling, or perhaps an acting career. This mother considers pageantry the same as participating in sports and argues that there are costs associated with sports, including long travel, hours of practice and sometimes expensive coaching. She believes that pageantry is a form of education that's valuable because she has seen her daughter gain confidence in front of an audience. The mother believes that the dad should continue to financially support their daughter in her pageantry goals. The mother has no concern over child labor laws as she feels that participation in sports demands the same focus, drive and work ethic as pageantry.

To add to this, what can drive parents even further apart is that vague possibility that, with enough money, time, and enough hard work, there is always the possibility that their child will become a celebrity or get a full ride scholarship. It was plain and simple basketball that made Michael Jordan who he is today and it is TLC pageantry that created the overnight Honey Boo Boo sensation. This little girl has more "sass", charisma, and charm than the entire state of Georgia. Honey Boo Boo has gone viral. Her parents would argue that the costs and time they spent was well worth it. And when you watch her and her very unapologetic red-neck family, you find the show is so unique and refreshing that you can't wait for the next episode. This must be the only family in America that actually eats "road kill" and is proud of it. A pageant mother's dream comes true.

Regarding California law, in child support battles, whether it be costs associated with pageantry, sports, private school vs. public, music lessons, or gymnastics, the lines are drawn and parents often differ strongly and emotionally in what they feel is necessary for the goodwill of a child. Child support issues require careful consideration and a family law attorney with compassion and good mediation skills to strike a balance between the desires of the father and mother, who often cannot reach an agreement on their own. With good legal advice, compromises can be made on each side, which is always a fine balancing act in an effort to maintain peace during and following a divorce for the sake of the children.

Our Santa Rosa family law attorney was interested to learn this week that the United States Supreme Court has agreed to hear a United States Army Sergeant's challenge of a lower court's ruling regarding custody of his five year old daughter. According to the Chicago Tribune, the challenged ruling was passed down by the Federal Court of Appeals under an international treaty. The ruling awarded custody to the mother, who resides in Scotland.

The Army Sergeant, Jeffrey Chafin, filed for divorce from Lynne Chafin, mother of the child at the center of this custody dispute. Mrs. Chafin, a Scottish national, has lived with her daughter in Scotland since 2007, while her husband has remained in the United States due to his military career. In February of 2010, Mrs. Chafin travelled to Alabama in an attempt to save the marriage but was not successful. She returned to Scotland, after overstaying her visa, without her daughter, following a ruling by an Alabama State judge awarding custody to Mr. Chafin.

In October 2011, a U.S. District judge in Alabama ruled that the daughter be returned to her mother in Scotland, as it was her "habitual residence" under the Hague Convention on the Civil Aspects of International Child Abduction. Mr. Chafin appealed the decision in the 11th U.S. Circuit Court of Appeals, but his appeal was dismissed for being moot since the daughter was already living outside the U.S.

The United State Supreme Court will now hear the case in the upcoming term, ending June 2013. This decision could potentially change the harsh reality affecting the child custody cases of many service members stationed overseas and now engaged in international child custody disputes.

Child Custody Cases
This legal case is a stark reminder that child custody matters are not simple and often require complex legal arguments. International child custody disputes can be even more complex, and thus it is extremely important to contact a Santa Rosa child custody attorney for assistance if you are facing this type of child custody dispute in our area. A Santa Rosa Family Law Attorney with experience in child custody law will help you to analyze the various factors in your specific case that will be considered by the court in determination of the "best interest of the child". The best interest of the child is used as the basis for a determination of child custody. Some examples of factors include the child's age, emotional issues, parental behavior, and much more.

Getting Legal Help in Northern California
Our Santa Rosa family law attorney understands the difficulties of all types of child custody disputes. If you are faced with the harsh reality of child custody dispute, our firm has the experience needed to adequately protect your rights. For a free consultation call Beck Law P.C. at 707-576-7175 or contact us online.

See Related Blog Posts:
The Tom Cruise Case: High Bar to Obtain Sole Custody
Determining the Best Interest of the Child

A determination of paternity is a vital aspect to ensure a variety of legal rights. As our Northern California family law lawyers know, a determination of paternity must be made before many parental rights decisions can be made, such as child custody orders, child visitation schedules, and child support orders. Paternity can be determined in several ways, dependent on the circumstances of the individual case.

Methods of Determining Paternity Without Genetic (DNA) Testing:

If the parents of a child are married, there is a presumption that the husband is the father of the child. However, there are circumstances where this presumption may not be applicable to the case, such as when the husband is not physically capable of reproducing.

When the parents of a child are unmarried, paternity can be established by executing a Voluntary Declaration of Paternity or by filing a Petition to Establish Parental Relationship. A Voluntary Declaration of Paternity is document stating by both the mother and the father that they both believe the father is the child's biological father. By signing this form both parents are consenting to paternity being legally established. However, this can be changed by formal court judgment or genetic (DNA) testing at a later date. The Petition to Establish Parental Relationship is a court determination of the biological father of the child.

Determining Paternity With Genetic (DNA) Testing:

In the instance of parties disagreeing as to biological paternity in a Petition to Establish Parental Relationship, the court can order a genetic (DNA) test. Such a test can also be conducted in other instances upon request of the father if he believes he may not be the biological father.

DNA is biological material that determines a person's physical appearance. It is inherited in part from the mother and in part from the father to create a unique DNA for each person. Parental relationships can be established by comparing the DNA of the mother, father, and child. Almost all cells contain DNA, including saliva, thus a genetic (DNA) test can be done by rubbing a sterile cotton swab inside the mouth of all three parties.

The test can be performed in many locations. The Department of Child Support Services can perform the test and it is usually free of charge. If the test is court ordered there may be fees of up to several hundred dollars and they may specify where to have the test done as many private testing services may not be allowed. As the requirements are so specific, in our area it would be beneficial to contact a Santa Rosa paternity attorney.

Getting Legal Help in Northern California:

Beck Law P.C. can help guide you through the legal system if you are facing a paternity dispute. Our legal professionals are well versed in the intricacies of all paternity issues, including establishing paternity and contesting paternity. For a free consultation regarding the specifics of your case and any questions regarding California paternity law contact us at 707-576-7175 or contact us online. Do not delay in seeking help.

See Related Blog Posts:
The Importance of Establishing Paternity
California Paternity Law Attorney

Our experienced Santa Rosa divorce attorneys often explain that the standard issues that arise in a divorce proceeding relate to child custody and marital asset division. Also, it is not unusual to deal with issues of cheating during a divorce proceeding. "Cheating" can refer to many different things in this context, from extramarital affairs or "hidden" assets. In today's digital age, it is not difficult to uncover a spouse's possible cheating behavior, no matter what form it takes.

Given the various methods available on the Internet, smart phones and other investigatory portals, it is relatively simple for any individual to obtain sensitive records that could bring to light unflattering facts of the targeted person being investigated. These accessible modes of investigation tempt suspicious individuals, especially those in the midst of a divorce, to conduct informal detective work with the objective of uncovering cheating behavior.

However, prior to conducting such an investigation, it is vital for an individual to determine whether it is legal to find evidence of cheating behavior in this particular manner.

There are potential dangers of spying on a spouse via his/her digital life. It is possible to overstep the boundaries of privacy by obtaining information through informal digital investigations. If the boundaries have been violated, then the information obtained through such intrusive means cannot be introduced into the courtroom as legally obtained evidence. There have been instances where individuals have installed spyware software into their spouses' computer with the intention of analyzing their every keystroke on the computer. Whether such practice is legal depends on the shared status of the computer. If the computer is shared by both spouses, then installing such spyware is deemed to be legally sound in most cases. However, it appears that California courts are inclined to deem such investigatory behavior as illegal if the computer is exclusively used by one spouse and is protected by passwords.

Suspicious individuals in the midst of divorce proceedings are not the only ones resorting to these methods. In today's technologically advanced age, it is becoming common practice for divorce attorneys to use "advanced research tools" to sort through digital evidence in preparation for divorce cases.

Due to this relatively new practice of evidence collection via digital portals, laws regarding this subject matter have not yet been established. Therefore, it is imperative for an individual going through a divorce to seek the advice of an attorney in order to gauge whether or not he/she is within the legal bounds in terms of uncovering unsavory details regarding his/her spouse. Introducing evidence obtained illegally could not only put an individual in jail, but it could also put the individual in an unfavorable light with the judge of the divorce proceeding. Our Santa Rosa divorce attorneys will ensure that an individual in the midst of a divorce will not obtain evidence through illegal means.

See Related Blog Posts:
Facebook and Divorce in the Real World
Safeguarding Your Internet Presence During a Divorce

Given that California is a "no-fault" divorce state, it is relatively easy to get an actual court order ending a marriage. However, unbeknownst to the average person, certain wrongdoings - such as adultery - can still present hardships during the negotiation process of the divorce--though not necessarily factored by the court during the dissolution itself.

Grounds
As our experienced Santa Rosa divorce attorneys often explain, the meaning of "no-fault" is that one is not required to prove that his/her spouse has committed a wrong during the marriage in order to obtain a divorce. As mentioned in a previous post, California offers only two grounds for asserting dissolution of marriage, which are (1) irreconcilable differences and (2) incurable insanity. Therefore, because individuals pursuing a divorce in California are limited to two grounds, marital infidelity is an irrelevant factor in the court's divorce order.

Although adultery committed during the marriage does not affect the procurement of a divorce, it can potentially affect the child custody determination - if children are involved - and the management of marital assets.

Child Custody
In regards to child custody, the question is whether an extramarital relationship that carries over after the separation restricts the adulterous spouse from certain child custody or visitation rights. The answer to this issue hinges on the more important question of what the best interests of the children are. In relation to this particular discussion, the specific issue is whether it is in the best interests of the children to be around the extramarital partner. California courts do not view exposing children to non-marital relations as detrimental to their best interests. The courts seem to express that allowing the children to spend time with the "new girlfriend" or "new boyfriend" does not significantly impact the children as it does the jilted spouse. Therefore, continuing an extramarital relationship after the separation will not likely affect a child custody order unless there are unique circumstances in the relationship.

Property
Extramarital relations may, however, have repercussions in regards to the handling of marital assets. During the pendency of the marriage, each spouse has the responsibility to manage the marital assets for the benefit of the family. Using marital assets on an extramarital partner is not for the benefit of the family. Such spending that is contrary to the well-being of the family is called misappropriation. If the cheating spouse has committed misappropriation during the marriage, then the other spouse is entitled to reimbursement of one-half of the funds spent from the date of the misappropriation.

Negotiations
Overall, infidelity may not hinder one from obtaining a divorce, but it may have repercussions - specifically for the adulterous spouse of the marriage - during the negotiation process of the divorce. Many divorces agreements are hashed out between parties when not in front of a judge. As such, even though infidelity may not play a formal role in decision left up to the court, they will certainly affect emotions and strategies during negotiations between the parties and their attorneys. The "injured" party of the marriage may have leverage during the negotiation process to obtain a divorce order that is more favorable to him/her. It is vital for all sides in these disputes to have legal counsel on their side familiar with the unique issues affecting these dissolutions.

Legal Help
Whatever the situation may be, divorce proceedings involve a great deal of stress and complicated issues, such as infidelity. If you are in Northern California please contact our Santa Rosa divorce attorneys to ensure that your interests are protected.

See Related Blog Posts:

The Kardashian Case: The Effect (or Non Effect) of Adultery On California Divorce
Uncovering Marital Assets in a Divorce

In the event that unmarried parents separate, both parties are faced with problematic legal issues. These issues hinge upon whether the paternity has been established. Paternity refers to the legal system recognizing a person as a child's biological parent. As our experienced Santa Rosa family law attorneys know, the male figure in the relationship is not presumed to be the father if the couple is unwed and a child is born from the union.

Under California law, once paternity is established, parents assume the full rights and responsibilities involving their children. As discussed in a previous post, unmarried parents can establish paternity through the execution of a Voluntary Declaration of Paternity, or filing a Paternity Case with the court. If paternity is not established, each parent faces serious legal issues. The mother has no rights to recover child support from the father, and the father cannot seek custody or visitation rights with his child.

Not having the right to child support is a problem especially for unwed mothers, particularly those with low-paying jobs. In many cases a father may have begun paying child support. However, for a variety of reasons--perhaps because the relationship went the south--the father may stop paying. In those situations, paternity still must be shown to get a court order forcing payment of the support.

Although they cannot seek child support from the father without proving paternity, unwed mothers have other options for financial assistance. One such option is seeking financial assistance from the county. When the county disburses financial aid to the unwed mother, this does not relieve the father from providing financial support. The county is required to seek welfare reimbursement from the father by filing a lawsuit. To obtain reimbursement, the county must first acquire a court finding of paternity, establishing that the father is the biological parent.

Unmarried fathers may also face issues regarding their children upon separation from the mother. One of the major issues that unmarried fathers face is in regards to child custody and visitation rights. Oftentimes, unmarried couples agree upon a child visitation schedule without involving the court. In the event that the mother establishes that the schedule is no longer working, the father has no enforceable rights to visit the child unless he has a court order. Obtaining a court order will protect the father's custody and/or visitation rights with the child.

As illustrated, establishing paternity is extremely important to enforcing certain rights for both the mother and father. Without the declaration that the father is in fact the biological parent of the child, both parents are in a position to lose certain rights that are presumed when paternity has been established. Due to the serious financial and emotional harm, it is vital for unmarried parents contemplating separation to seek legal advice from our Santa Rosa family law attorneys.

See Related Blog Posts:
California Paternity Law Attorney
What Rights Do You Have if You are Not Married and Your Relationship Ends?

Child custody is one of the most important issues to consider when going through a divorce. As discussed in a previous post, custody judgments hinge upon the best interest of the child involved in the dissolution of a marriage or other relationship. In determining the best interest of the child, the family court has several options to exercise in placing the child in the most favorable situation as possible. While less common, it is possible for a court to award sole custody to one parent alone, giving that one parent the complete child custody privileges and responsibilities and denying these rights to the other parent. Our experienced Santa Rosa custody attorneys often advise clients that a sole custody judgment requires a strong showing that the other parent who is to be denied any rights in regards to the child is unfit for parenting.

The Bar is High
Because of the high threshold of proving that one of the parents is unfit for parenting, it is difficult to obtain a sole custody judgment. In order to be considered unfit for parenting, extreme examples must be illustrated to the family court, such as a history of violence and/or destructive behavior, placing the child in dangerous situations, and mental instability. If such unfavorable attributes are displayed, then the court may award sole custody rights to the parent seeking such rights under the premise that the radical behavior of the other parent is not in line with the best interests of the child.

Example in the News
An illustration of this type of custody battle is exemplified by the divorce proceedings of Katie Holmes and Tom Cruise. According to reports, Holmes is reportedly seeking full legal custody and primary residential custody of their 6-year-old daughter. Physical custody addresses who the child will live with on a daily basis. Legal custody pertains to which parent will have the right to make important decisions for the child in regards to such issues as education, health care, and religion. From reports that have surfaced thus far, it appears that Holmes' drastic decision to seek sole custody is predicated on the couple's disparate views on religion. To obtain a sole custody judgment, Holmes will have to provide extensive evidence as to why Cruise is unfit for parenting. As stated by one legal observer, "...unless she can show some kind of outrageous and dangerous behavior by Mr. Cruise, she is not going to get it."

Thus, strong evidence is required to prove that a parent is unfit to be in the child's life as a primary caregiver. The Holmes/Cruise situation reinforces the high standard that the family court has established when considering whether or not it would be in the child's best interest to be under the sole custody of one of the parents.

Of course, child custody can be arranged in several different ways. One parent may be awarded full legal custody rights but share physical custody with the other parent. One parent may have sole custody rights while the other parent may have supervised visitation rights. These are just a few of the options available. Because there are so many ways to arrange custody rights, it is vital to seek the advice of a Santa Rosa divorce attorney in order to understand the available options and to establish which option is most favorable in the given situation. If you decide that pursuing sole custody is the best option, then it is absolutely vital to have the aid of an experienced legal professional who can advocate that position in front of the judge.

See Related Blog Posts:
Resolving a Custody Matter With the Courts
Determining the Best Interest of the Child