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Second Parent Adoption California

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in Child Custody, Child Support, Spousal Support

Is There a Difference Between Second Parent Adoption and Stepparent Adoption? Stepparent Adoption Basics If a biological parent has a child from a previous relationship, there are situations where the stepparent can legally adopt their spouse's child. The stepparent adoption process creates a new parent child relationship between the child and their stepparent. For the stepparent adoptions to take place, the non-custodial birth parent must consent to the step parent adoption first. If the child's birth parent does not consent, the stepparent must file to terminate the parental rights of the other parent through a separate legal process. If the court grants the...

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What Happens to an Adopted Child During a Divorce?

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in Child Custody, Divorce

what happens to an adopted child during a divorce

Legal Rights and Responsibilities of Adoptive Parents The Court uses many terms to describe a diverse range of parents. You might hear the Court refer to individuals as a child's birth parents or biological parents or for parents who have adopted children as the adoptive parents. If you have adopted children, you may be concerned about what happens when adoptive parents separate and if the divorce process could have any impact on your ability to care for your children. When parents adopt a child and become the child's legal parent, certain rights and obligations are created. The adoptive parents have the same...

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What is Supervised Custody in California?

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in Child Custody, Divorce

Supervised custody, often called supervised visitation, is where a non-custodial parent is monitored during their parenting time by a third party. The Court generally starts with a presumption that it is best for the child to maintain contact with both parents, but If there is any concern to the safety of a child, a judge may order supervised visits. There are many reasons why a judge might make a court order for supervised visitation, such as allegations of physical or sexual abuse of the child, mental illness of a parent, domestic violence, or concerns about a parent's suitability. THE BEST INTEREST OF THE...

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The Basics of Visitation Rights as They Relate to Child Custody

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in Child Custody, Visitation Rights

Couples with children will be faced with several important decisions to make in the event of a divorce or separation proceeding, and this can run the gamut from who will gain custody of the children to what type of custody rights each parent will retain and, depending on the situation, the arrangements regarding children visitation. In a general sense, the term “child custody” refers to the legal rights and responsibilities that a parent has over the control, care, and upbringing of a child; into this foray comes the further complexity of ways to split custody rights, something we here at McKean...

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Domestic Violence and How it Affects Child Visitation Rights in California

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in Child Custody, Domestic Violence, Family Law

Domestic abuse can assume any number of forms, from physical, mental, and emotional to economic (where one partner controls all the finances). But irrespective of the form domestic abuse takes, it always leaves scars on the victims – and can even affect the way courts make decisions concerning child custody. In this McKean Family Law article, we will briefly explain what domestic violence is and how it affects child custody in the Golden State. If you have any questions following your reading of the article, we recommend you consult with one of the law experts at our office. Quick Overview In California, violence...

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Determining Paternity in California

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in Child Custody, Family Law, Paternity

What does a fatherhood test actually determine in the state of California…and what happens when an individual is determined to be considered a child’s father? Establishing paternity in California means that the court will determine who the legal and biological father of a child is. This can be accomplished by either the parents or the courts; the child’s legal father is responsible for supporting his child and in so doing, has the right to demand the child remain in his life. Visitation and custody come into play once paternal parentage has been legally established. Of course, some obvious reasons for establishing paternal...

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Family Law Attorney 101: What You Need to Know About Child Custody in California

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in Child Custody

In this post, we’re going to help you understand some legal ramifications when dealing with the sharing of parenting responsibilities. Oftentimes, you will hear the phrases “custody” and “visitation” used in separation and divorce cases, but there are a couple of distinctions we must make here: “Child custody” refers to the rights and responsibilities between parents for taking care of their children, while “visitation” refers to the way in which each parent will spend time with the children. In the Golden State, either parent can have custody of the children or the parents can share custody, with a judge making the...

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How Winter Creates Child Custody Issues

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in Child Custody, Child Support

Even the best-crafted custody agreement does not take into consideration every single situation that could possibly arise. In these circumstances, you must often make a judgment call; case in point: Your child is running a high fever, making it not in his or her best interest that he or she return to you for your designated custodial time. With winter upon us, you may also find yourself required by your custody order to exchange your child in the midst of a snowstorm or, worse, a blizzard; again, you should use your best judgment in deciding whether to follow the custody agreement. Here...

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Child Custody: What Should a Parent Expect?

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in Child Custody, Family Law

Custody battles, especially for primary custody, can be one of the most challenging and embittering parts of a divorce or separation. There are so many misconceptions that it can be tricky to get the facts straight – and sometimes those facts can change between states, as well. This is why if you are pursuing primary custody of your child, it is important to retain a lawyer specializing in family law and/or custody. We can tell you from vast experience that few family law issues are as vital to a family unit as child custody concerns; ultimately, a custody outcome determines the...