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child custody and support Archives

Study raises concerns over courts' handling of abuse

Some people believe that fathers face discrimination in California child custody cases. While in the past mothers were often believed to be the "natural" caregiver for a child, courts have long since shifted to a model that prefers shared physical custody. In fact, many studies have found that when fathers pursue custody, their claims are given a higher level of credibility in the courtroom and they are more likely to be successful than mothers. Some research has pointed out troubling numbers that could indicate that credible abuse claims are being pushed aside in decisions that could be related to stereotypical or social beliefs about fathers and mothers.

DNA testing plays a pivotal role in family law

California residents facing child support issues, child custody cases and paternity questions may benefit from having a better understanding of the role that DNA testing plays in the court's decision. Many cases require some form of DNA testing before parentage can be determined.

Proving that a child is in danger

Parents in California and throughout the country should not be afraid to speak out if they believe that their children are in danger. Judges will thoroughly investigate any claims that a child has been abused or witnessed others being abused in a home. As part of the investigation, a court will seek assurances that a parent is not making false accusations as a means of obtaining custody of a child.

Tips for when a child wants to live with the other parent

After California parents get divorced, the children usually spend more time at one household. However, a child may eventually express a desire to live with the other parent. If this happens, there are several things the custodial parent may want to do.

When children disagree with physical custody plans

One of the most complicated challenges a custodial parent may face after a divorce is handling a child's request to live with the other parent. There are a variety of legitimate motives a teen or young person might have for making this request, but there are some guidelines for what to do in this situation. California parents may want to consider the following tips.

Supervised visitation aims to protect a child's safety

Some California parents may not be considered fit or able to provide regular parenting care for their children. In addition, there may be concerns that kids could experience dangers or harms if regular parental visitation is granted. However, family courts recognize that children have a strong interest in an ongoing relationship with both of their parents. As a result, judges may order supervised visitation, which is when a noncustodial parent is only allowed to see their kids in the presence of another person acting as a supervisor. While the supervisor is often a professional like a counselor or social worker, it could also be another family member.

Factors affecting child support payment amounts

Child support payments, in theory, are designed with the best interest of the children in mind so that they can maintain their quality of life after their parents split up. However, as many California parents have found out, depending on who is paying and receiving, the amount might be considered too high or too low. While there are federal guidelines for establishing support payments, the law does allow each state to establish their own rules regarding payment, and this often leads to a wide range of amounts for families in similar situations.

Media portrayals of noncustodial parents are often unfair

When media outlets in California and around the country run stories dealing with noncustodial parents, they are usually about deadbeat dads or fathers who turned their backs on their children in order to pursue career goals. While it may be true that most noncustodial parents are men, the portrayal of them as selfish, uninvolved, uncaring and cheap is largely based on myth.

How to make co-parenting easier during the summer

Divorced parents in California and throughout the country may be looking forward to spending more time with their children during the summer months. However, it is important to understand and respect the needs of the child as well as the other parent. Ideally, parents will spend time talking about their summer plans as soon as possible. If there are any issues that they cannot resolve on their own, it may be worth seeking the services of a mediator.

Contact

The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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