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Tag: child custody (page 1 of 2)

The Rights and Responsibilities of Unmarried Parents in California

Unmarried parenthood is becoming increasingly common in today’s society, with many couples choosing to start families without getting married. However, it’s important to understand that even without the legal recognition of marriage, unmarried parents still have rights and responsibilities towards their children. In California, there are specific laws and guidelines in place to protect the interests of unmarried parents and ensure the well-being of their children.

The Rights of Unmarried Parents

In California, both biological parents have the right to establish a legal relationship with their child, regardless of their marital status. If the two parents were unmarried at the time of birth, the mother has custody by default. However, depending on the situation, the father can take matters to court or if one party deems the other unfit to care for the child.

In addition, unmarried fathers can assert their paternity rights by signing a voluntary declaration of paternity at the time of the child’s birth or at a later date. By doing so, the father gains legal recognition as the child’s parent and can exercise his rights and responsibilities accordingly. This also means that the two parents will share custody. If unmarried parents can reach an amicable custody agreement, there is no need for court intervention. It’s crucial for unmarried parents to establish paternity to ensure the child receives the emotional and financial support they deserve.

Related: “Can a Child Choose Custody?”

The Responsibilities of Unmarried Parents

When it comes to child custody, unmarried parents in California have the same rights and obligations as married parents. The court’s primary focus is always the child’s best interests, and both parents are encouraged to work together to create a parenting plan that outlines custody and visitation arrangements. If an agreement cannot be reached, the court may intervene and make decisions based on factors such as the child’s age, health, and the ability of each parent to provide a stable and nurturing environment.

Related: “How to Create a Parenting Plan: A Comprehensive Guide”

Conclusion

At Family Law Richard E. Young & Associates, we understand the complexities surrounding the rights and responsibilities of unmarried parents in California. Our experienced attorneys are dedicated to helping unmarried parents navigate these legal matters and ensure the best outcomes for their children. Contact us today at (949) 951-9529 or visit our website at richardeyoungattorney.net to learn more about how we can assist you.

How to Create a Parenting Plan: A Comprehensive Guide

Creating a parenting plan during a divorce can feel like navigating uncharted territory. However, according to California Courts, when you separate from your partner, you need a parenting plan. One that covers everything from holidays to healthcare, and guides both parties on how to make decisions concerning the child’s upbringing post-divorce. In this month’s blog, we’ll explain to you what a parenting plan is and how you can create an effective one.

What is a Parenting Plan?

In essence, a parenting plan is a written agreement that outlines how parents will raise their children after separation or divorce. It typically covers aspects like living arrangements, schooling, healthcare, and holiday arrangements. The goal is to provide a sense of normalcy and stability for the children amidst significant change.

Steps to Create a Parenting Plan

Step 1: Prioritize Your Child’s Best Interest

Start by discussing the core issues related to your child’s upbringing. This includes deciding who will make decisions on education, healthcare, and religious activities, among other things. The plan should also include the child’s residential schedule, detailing where the child will reside on weekdays, weekends, and during holidays. Parents should always prioritize the child’s best interests when creating this schedule, considering their age, schooling, and social commitments. Another essential element to consider is communication. The plan should outline how and when the child can communicate with the non-custodial parent, and how parents will communicate with each other about child-related matters.

Related: Learn more about if a child can choose custody here.

Step 2: Plan for Changes and Dispute Resolution

Once you have drafted your parenting plan, it’s a good idea to include guidelines for handling unexpected or unplanned situations. This includes provisions for relocating, modifying the parenting plan, resolving disputes, and dealing with emergencies. In these instances, it’s helpful to include a commitment to use mediation or counseling before resorting to court intervention. Additionally, outline the procedure for introducing significant others or new spouses to the child. It’s important that these additional guidelines be flexible and considerate of changing circumstances, always maintaining focus on the child’s wellbeing above all.

Related: Learn about why you should try mediation before legal action here.

Get Help From Family Law Richard E. Young & Associates

At Family Law Richard E. Young & Associates, we understand that creating a parenting plan is more than just assigning dates on a calendar. It’s about establishing a new way of parenting, one that puts the child’s interests at the center. We’re here to guide you through every step of the process, ensuring that your parenting plan addresses all the important areas and is tailored to your family’s unique needs. You don’t have to do this alone. Call us at (949) 951-9529 or visit www.richardeyoungattorney.net to get started on creating a comprehensive parenting plan.

Can a Child Choose Custody?

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.  

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered. 

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

Types of Child Custody You Need To Know

Divorce is a very sensitive matter, and when children are involved in a divorce, there may be an impact on their emotional and mental health. Therefore, it becomes important for both parents to deal with this matter with the utmost care and consciousness. So, if you’re a divorcing couple and wish to learn more about the process of child custody, continue reading.

Types of Child Custody

There are two different types of custody. The following are:

1. Physical custody

a. Joint

b. Sole

2. Legal custody

a. Joint

b. Sole legal

Let’s learn about both custodies in detail.

  1. Physical custody

Physical custody helps in determining what percentage of time the child lives with each parent.

Factors The Court May Consider When Awarding Physical Custody

  • Which child is going to school?
  • Where is the child currently living?
  • Which parent is more attentive to the child’s physical, emotional, educational, and special needs?
  • Which parent has spent more time with the child?

2. Legal custody

Legal custody gives more rights to one parent to make major decisions about their child’s:

  • Education
  • Health
  • Religious Upbringing
  • Doctor, Dentist, Orthodontist, or Other Healthcare Professionals (except in emergency situations)
  • Sports, Summer Camps
  • Travel and Vacation
  • Extracurricular Activities
  • Residence

In addition, in legal custody, either parent can decide alone; both parents do not have to agree on every decision about these aspects of their children’s lives. But to avoid ending up back in court and having more conflicts, it is suggested that both parents should communicate with each other and cooperate in making decisions together for the wellbeing of their children.

The Bottom Line

For a comprehensive overview of the child custody and visitation process, contact the team at Family Law Richard E. Young & Associates. We are well-versed in California laws and will work directly with you to reach your desired results. Contact our firm today at (949) 951-9529 or visit our website for further information.

A Guide to Win a Custody Battle

Divorce with kids is quite complicated, and a child custody battle may very well be one of the most complicated cases after a divorce or legal separation. Evidently, each parent wants to win the custody battle and guard their little precious one, even if they’re not the one who starts it. But in the end, the child will end up living with only one parent. Who will that parent be? In this month’s blog, we will talk about the best method that will help you win your child custody case.

Parents who hope to obtain child custody should first familiarize themselves with the child custody practices in their state. This allows them to build a proper case and prepare to show themselves in court to be a better parent. In addition, it’s good to know that the court’s unique objective is the best interest of the child. Therefore, avoid passing the buck and criticizing your partner in court to win the case; this trick can reflect negatively on you.

Related: Child Custody and Visitation Laws in California.

Understand the Better-Parent Standard

A lot of parents go to a custody hearing with the intent of asking for full custody. For some parents, this is because they believe that their ex-partner is “incapable” to raise their child. Others prefer to have full custody for other personal reasons. However, any parent hoping to win child custody must know what makes them a better parent in the eyes of the court and how to prove that point to the judge, which leads us to the next point.

Prove That You Are the Better Parent

Parents often wonder how they can prove to the family court judge that they are the better parent so they can have full custody, but they don’t know where to start! Well, the better parent should be well-informed about their child’s physical and psychological well-being. For instance, your child’s favorite cartoons, pastimes, friends, after-school activities, etc. All these things will be carefully taken into consideration by the judge. Besides, judges tend to note parents who encourage a healthy lifestyle.

Invest In a Lawyer

We can all agree that lawyers are more than necessary to win your case, no matter how positive you are about winning the battle. They are well versed with the court system and can give you some clues that will help you win this case. Therefore, you have nothing to lose by hiring a lawyer; instead, you will benefit from their expertise and in-depth knowledge in these cases.

Related: Hiring a Child Custody Lawyer? Here’s What You Need to Ask

Conclusion

In summary, going to court for your child custody battle is no laughing matter and requires professional guidance to work your way through this legal labyrinth. With the above information, you can go into your child custody battle with utmost confidence. You’re just required to hire the most professional child custody lawyer near you. If you’re looking for a recommendation, then Family Law Richard E. Young & Associates is the best option. We have a team with decades of experience dealing with these cases. To get legal assistance, contact our law firm today. You can also visit our website for more information.

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