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Many unmarried parents are raising children together, but what happens to the children if they split up? When a married couple divorces, the must settle child custody, visitation, and child support issues before they can finalize a divorce. But there is no requirement for an unmarried couple to go through the courts to end their relationship. Furthermore, there is no requirement for the couple to settle custody, visitation, and child support issues as part of their break up. In this regard, a custody order for unmarried parents becomes critical. Even if the split is amicable and the couple is in total agreement about all of the child-raising issues, it is important that they get a custody order from the court.

In a divorce or legal separation proceeding, a judge may order one spouse to pay the other alimony or spousal support as part of the separation judgment. With this in mind, what are the factors that determine spousal support? First and foremost, spousal support is based on the extent of each spouse’s earning capacity and how much is required to maintain the standard of living the pair enjoyed as a couple.

If a child’s health and safety are in danger, a court will grant an emergency custody or visitation order. If a parent hides a child, threatens to kidnap them, abuses a child or refuses medial treatment to a child, a parent may consider filing an ex parte request for emergency custody or visitation orders.

Learn how to register a foreign child support order in California. When you register a foreign child support order in California, the California court will have the power to collect and enforce the child support order of another state. Here are the steps to register a foreign child support order in California.

When you compare California child support and family support, it is important to understand not only how they are calculated, but also what the different tax consequences are for each.

Parents may voluntarily relinquish parental rights in California. Voluntary relinquishment of parental rights, however, can only be made under specific legal circumstances. Obviously parents choose to relinquish their parental rights for a variety of reasons including divorce, adoption, legal guardianship, or foster care. The voluntary relinquishment of parental rights must be granted in a court [...]

Spousal support is based on one spouse’s obligation to provide financial help to their low wage earning spouse. Spousal support can be paid both during and after divorce to help maintain the marital standard of living of the supported spouse for a specified period. People commonly believe spousal support is paid for the lifetime of [...]

Filing an emergency custody motion, also known as an ex parte motion, is common in family law cases. An emergency custody motion can help California residents get immediate legal relief regarding custody issues in divorce, legal separation and paternity cases. California Family Law Code section 3064 outlines the requirement of an emergency custody motion. [...]

Establishing paternity is a major psychological and economical factor that affects a child’s life.  For a child born to a married couple, that child is considered legitimate under California law. However, if a mother is unmarried, the person named as the child's father on a birth certificate does not, in fact, legally establish paternity. Furthermore,  [...]

Parental alienation syndrome (PAS) is a psychological condition often seen in children that have been traumatized by high conflict divorce. One of the main signs seen in children that are experiencing PAS is an unfounded hatred toward a parent for no logical reason. This article is an overview on how to identify and deal with [...]

Words… there are many in the English language. Add a layer of “legalese” in the mix and often reading and understanding legal documents seems like you are reading a foreign language. This list of QDRO wording, terms and definitions will help you understand common terms used in QDRO matters. What is a QDRO? The acronym [...]

There may come a time in your life in [...]

Are you considering filing for summary dissolution in [...]

Getting your spouse to move out of the house may be more difficult than you would hope. However, there are certain circumstances that warrant the court to order a spouse to move out of the house during a divorce proceeding. For example, if you have filed for divorce and suffer from domestic violence, you [...]