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Custody Rights For Unmarried Parents In California

How Do I get Child Custody For Fathers explained by Los Angeles Child Custody Expert David Pisarra

Hey Guys David Pisarra here with Mensfamilylaw. I want to talk to you today about the three ps of child custody. The most important factors when it comes to dealing with a child custody case that I look for and that a judge looks for. the first is Proximity. How close do you live to where the child lives How close do you live to where the child goes to school Where's your work located in relation to the school If everything is really close in proximity, we want things to be really close judges like that, it makes it easier for you to be a more.

Involved parent. Next up is paperwork. If you're going to come into my office and I need to have more time with my kid. THe first thing I'm going to ask you is do you have a calendar of all the time you've been seeing your child receipts which prove to me what you've actually been doing and some sort of tutorial or photos something to substantiate all of that so I can go to a judge and say, Your honor, here's all the time he's been using with his child and he wants more. And lastly, it's persistence. Persistence.

Is the hardest part for men in this whole process, because it can be so emotionally draining. We're playing with the time you get to see your child. It's the only time you're going to get to be a father to this child at that age and it goes really quickly and it's really fleeting and courts can be really time consuming and slow moving. You need to have the persistence to fight the battle and to stick it out and its really really hard and I understand that. So just to recap the three Ps of child custody when.

You're coming into us looking to get more time with your child. I want proximity. I want you living close to where the kid goes to school. I want you working close to where the child goes to school. I want you close to where the child lives. Paperwork, I want paper trail. I want calendars, I want photos. Receipts from movies receipts from Chuck E. Cheese. and then Persistence. I want you able to really stick through the fight. It's not going to be easy. It's not going to be quick. But together we can get through it. If you.

Child Custody Attorney Carlsbad San Diego, Ca

What I see a lot in my practice of family law is fighting over children, child custody, child visitation. And I have to say that that comes directly into my heart in a way because I am married, with two young children, 5 and 7 year old. I can't imagine having to go through that. I can definitely feel the pain and stress that people are going through during this time. Custody visitation issues are handled by the court in what is in the best interest of the children. It's not what's best for mom, it's not what's best for dad. It's what's best.

For the children. Sometimes the courts will order things that neither party really likes and so it is specially important in custody visitation issues to have a local professional handle your case and get the results that you need. The difference in custody is legal custody versus physical custody. Legal custody is being able to have the right to say possibly what church the child goes to be able to observe the child's school work, be able to decide what kind of medical care the child needs. That would be along the lines of legal custody.

Physical custody would be where the child lives. Primary physical custody and non primary physical custody. Normally what we receive in the state of California is two kinds of custody, joint custody and primary physical custody. Joint physical custody could be achieved where we have equal sharing of the child. Week on, week off or other ways of sharing the child fairly equally. Primarily what we receive in the state of California is one primary physical custody parent and one parent with visitation. There are many methods of visitation besides actually seeing a child. We have out of town.

People who live in different parts of the state or different states in general where we have virtual visitation. We also have issues regarding visitation for non parent such as grandparents and other parties that may be interested in visitation with the children. In many of my contested cases we are dealing with the issue of supervised visitation. Supervised visitation is just what it says, one parent is supervised while they're with the child. That can be extremely necessary in cases where you are dealing with drug and alcohol issues, mental abuse issues, physical abuse issues or other issues that are important to the.

Child's wellbeing and supervised visitation needs to be instituted. You can contact my San Diego office in Carlsbad to discuss any of the custody visitation issues that you might want to. You can contact my Riverside county office in Marietta to discuss any of the visitation or custody issues you may want to discuss. One last issue I would mention in custody visitation that I had to deal personally a lot with is move away motions. People want to move. If you have the need to move to another state because you have a job offer or you have family there that can help you with the.

Children were you are not getting the help in the state you're living in California or you want to move from a state to the state of California, a move away motion is something that we can help you with. It can be very complicated and difficult but we can help you through those issues. Another question I get a lot in custody visitation issues is what is the best interest of a child mean and what is the best interest To go with mom To go with dad In today's society, I don't think there's really a tendency to lean either way. The.

Courts look at this much more openly than they use to and you're going to need a trained professional in your area to help you through and make sure that you get the custody visitation arrangement that you deserve and that your children deserve. Another issue I deal with a lot in custody visitation is the myth that the woman is going to be the primary care taker for a child. In today's society that is not true! So you need a seasoned professional that understands the courts to allow you to get the custody.

How Do I See My Kid Los Angeles Child Custody Attorney David Pisarra tells you how.

Hey guys, Dave Pisarra here with MensFamilylaw so we're gonna talk about the situation where you have a child, you're not married, so you're just boyfriend girlfriend, you're probably on the birth certificate, but maybe you're not, and she won't let you see the kid. So here's the deal. Mom has legal custody of the child and physical custody of the child because she's the mom. She's gonna be on the birth certificate. If you're on the birth certificate you have technically legal custody but the question becomes what's that really.

Mean in terms of actual day to day operations.You're gonna have physical custody if mom is allowing you to see the baby, but the problem is when mom wants to move and takes the kid with her you don't actually have a court order that says you have any time to actually see the child. The police are gonna look at it and say mom's supposed to be with the baby because the baby is still probably nursing. So if you've got that situation where you're a daddy bu you're not actually a court ordered dad, paying child support with a court order for.

Visitation, you're kinda left out in the cold when the kids are really young. So that's the situation where you're going to have to file what's called a paternity suit. Filing for paternity is a really easy thing we just fill out a couple of forms we get mom served, she's got 30 days to file an answer, and then we can go forward and get a court order for visitation, but that also means you're probably going to have to pay child support, which if you're a good dad you probably want to pay anyways and like a lot of my clients you're.

Probably already paying the rent, buying diapers, putting in food, paying for the utilities and it's possible that your child support might actually go down. So this can be a good thing for you from a financial standpoint and it's something that you definitely have to have if you want to make sure you have your rights to see your child. If you've got more questions, and you want to talk about it, please feel free to give me a call, check out the other tutorials, and read the blog, subscribe to our newsletter so you get the free Before.

Child custody arrangements when parents live in different states

The most important factor is what is the child's home state the home state is defined by the uniform child custody jurisdiction enforcement act as the child's residence for the prior six months if the child has not resided in any jurisdiction for the prior six months the next inquiry is to determine what state has been the child's most significant contact if the court cannot determine the significant contacts then there will be a factual inquiry like all laws in the state of California there are exceptions to the UCCJEA and that is that the court can exercise jurisdiction in the case of.

Can Move With Your Child Question from Child Custody Attorney Wail Sarieh

The answer is, it depends whether a petition has been filed with the state of California or not. If the petition has been filed the Summons accompanying the petition will have the automatic restraining order that prevents you from taking the child outside the state. If there has been no petition filed, there are no court orders, then yes, you can take the child outside the state of California. Now what if there has been a petition filed and you really need to move away outside California with your child That's when.

How do I get Full Custody of my Children Seattle Child Custody Lawyer Eric Engel Explains

How do I get full custody of my children Hi! I'm Eric Engel, a Seattle child custody lawyer with the Engel Law Group. The first thing you need to find out is do you have a parenting plan in place right now A parenting plan is a set of rules that the court uses to determine who gets your child when versus the other parent. If you currently have a parenting plan then you need to stop and you need to consider filing a modification of the parenting plan because somebody already has custody of your.

Children. Now, if there's not a parenting plan in place then you need to file a petition for a parenting plan. Or if you're married, you're going to need to file for divorce or legal separation in order to get a parenting plan put in place. The court looks at a variety of factors in determining who should be the primary custodian in a parenting plan. The court is going to look at the strength and nature of your relationship with your child in other words, how strong is the bond.

That you have versus how strong is the bond with the other parent. Take a look at the stability of your life. Are you in a stable situation Do you have employment Is your employment flexible For example, if you need to, can you get off work early to pickup your child from school These are the sort of factors that the court will need to look at. Also, they're going to look at other factors such as drug or alcohol use, or if someone has a criminal history, or a history.

Of domestic violence. These last few factors can radically affect a person's right to see their child. In fact, they can result in supervised visitation if you have one of those factors present. Why am I telling you this Because you need to be aware what the factors are that a court considers when deciding who to place your children with. Are they going to place your children with you or are they going to place your children with the other person. We deal with these issues every day and we can help. Give us a call at 2066259800.

What Is Court Ordered Mediation Explained by Los Angeles Child Custody Lawyer David Pisarra

Do you want to know what court ordered mediation is let me help you out. My name is David Pisarra. I'm with MensFamilylaw we represent noncustodial parents mostly fathers in child custody cases. Once a Child Custody case is opened, and whether that happens through a divorce or a paternity case, isn't really the matter but a request for orders has been filed, meaning somebody has gone to court and is asking the judge to change the orders for visitation, and custody of the child. The first thing that happens is court ordered.

Conciliation court date is set. That's basically mediation with a social worker. Mother and father are brought in. Usually they meet separately with the social worker whose job it is to try and bring the parties to a mutual agreement on as many issues as possible before they go see the judge. Oftentimes they will meet with the custodial parent first, frequently that's mom, then they'll meet with dad and they''ll go through the list of the days they are trying to get together. Whether it's weekend visitations, midweek visitations. Sometimes.

It's holidays, how are we going to divvy up the Christmas Holiday and the Spring Break Holiday and Summer Holiday. But it's a free process and most counties require it prior to going to see the judge. Usually it's held the day of the hearing in the morning and then there's an afternoon session with the judge. Or in busy counties like Los Angeles County, sometimes you'll have your conciliation court date, which is the mediation earlier. You could have that two, three four sometimes weeks before your actual hearing date and.

How Do I Get 50 Custody of My Child Los Angeles Family Law Attorney David Pisarra explains

Hey Guys, David Pisarra here with MensFamilyLaw. Do you want 50 of your kids let me tell you how that happens. The basic rule when it comes to child custody is that we keep the kids as stable as possible, wherever the kids are when you guys break up is most likely where the kids are going to stay, that's why you gotta be really careful about when you leave the house and why you need to read our Before You Leave guide which is a free download from our website mensfamilylaw when it comes to figuring out how much custody.

You're going to have of your children, you have to take aloof at the big factors and those factors are where the kids are going to school where mom lives, where dad lives how much distance there is between the two of them, where mom works, where dad works, how much distance from where they work to where the kids go to school. It really all boils down to availability and flexibility, the more flexible your work schedule is and the more flexible your time is. The easier it is going to be for us to go into court.

And get you the 50 custody of your children that you want. The other big factor that you have to be aware of is how old are the children. A young child is not going to be in the car for a long period of time comfortably. Judges know that. The older a child is the easier it is to say they can have a longer commute time. The problem that we run into is once a child has an established routine of living with mom, and short commute to school, maybe.

Dad isn't around a whole lot because he's working more, now it gets harder and harder for us to go into court and ask the judge to increase dad's custodial time. It can happen and we can do it if we can show that there's a decent amount of commute time between dads house and school and between moms house and dad's house. But remember when we're going into this, these are all the factors we have to juggle, so I want you to think about how close you are to where mom lives and the kid goes to school how close you are to where.

You live and work how close moms work is and how much availability you actually have in being flexible in your work schedule, because the more flexible your work schedule is the easier it is for us to make an argument to a judge that you should have equal custody time. Hope that helps, if you have other questions feel free to give me a call or shoot me an email. Check out the website and remember a cheeseburger and a chocolate shake will get you through just about everything, take care.

Richard A. Granowitz San Bernardino CA, Family LawDivorce Lawyer

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How do I get Sole Custody of My Children Seattle Family Law Attorney Eric Engel Describes a Case

I once had a client named Courtney who was going through a divorce and she was trying to get sole custody of her kids. Hi. I'm Eric Engel, Seattle divorce lawyer with the Engel Law Group in Seattle, Washington. In Courtney's case, we were able to show that her husband continued to have a drug and alcohol problem which interfered with his ability to care for her children. This allowed her to get sole custody of her kids when the judge finally decided who should get custody. She also got child support and she got a favorable.

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