California Family Law
Family law in California entails all legal issues relevant to marriage, divorce and child custody. Under this specific jurisdiction, rules and regulations related to domestic partnerships are considered. Family Law in California handles cases in which the parties are
- Concluding a marriage or a domestically registered partnership,
- Identification of legal parents,
- Issues related to custody and variation,
- Establishing or enforcing child and spousal support
- Dealing with a history of domestic violence or abuse.
All in all family law in California encompasses all the legal issues that a family may face.
Family law in California deals with cases like divorce and child custody. As within the heading, divorce falls under several areas that need to be dealt with. This includes division of property which is appropriated keeping in mind that California is a no fault community property state. Issues arise when everything earned and accumulated during the course of marriage is considered as marital property which needs to be divided equally amongst both parties. In addition to this, alimony is also included. Although California is a no fault state, it takes a number of factors and scenarios into account when deciding alimony allowance.
Furthermore, the courts intervene when children and the issue of their custody is involved. For California courts, the primary objective is to keep the best interests of the child in mind when making a decision. No sexual preferences can yield to a preferred decision. In case of a contested divorce, the court assesses which parent is suitable to have custody of the child. A number of factors are involved in this process. The parent’s history of drug use, history of violence or time served is taken into serious account. The case is assessed according to what kind of a divorce has been filed.
The factors are a bit different for joint and sole custody cases. The courts prefer a parent that is more lenient in allowing visits. In joint custody, both the parents get equal time with the child. They can also share residency rights. For sole custody however, the earning capacity of a parent is also assessed. It is important to determine whether that parent can afford and help bring up the child if sole custody is granted. If so, major decisions in the child’s life can be taken up by the parent who has been granted sole custody. Important decisions such as education, religion, health insurance are just some of them. Sole custody is usually granted to the parent who is more open to and lenient towards letting the other parent visit.
The family law of California is strict in enforcing its rules and regulations. If during the assessment, both the parents do not come up to the mark, or have a history of violence and abuse, a third party will be involved who will then become the custodians.
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