May 24th, 2012
Paternity is a contentious issue in some cases, and that goes for whether the presumed father was or was not married to the child’s mother. The news that a child they believed was theirs is actually not biologically their child can shake a man’s foundation. Having a child is to some men the greatest feeling in the world. They care for the child, play with the child, and develop a relationship. When news breaks that the child isn’t theirs, it can rip the floor from under them. Such a revelation often ends in divorce or severing of a relationship. Then they’re faced with a big question: should they pay child support, and do they have to?
For some men who discover they are not the biological parent of a child, paying to support somebody else’s child is a humiliating slap in the face, especially knowing they were betrayed and perhaps misled by the mother of the child. But the relationship they may develop leads a lot of men to pay child support if only so the child they have grown to love and adore has all they need. Unfortunately, the law is not always on their side and non-biological fathers are sometimes required to continue paying child support even if scientific evidence indicates that they are not the father.
Common sense seems to dictate that responsibility for supporting the child should fall to the biological father, not the non-biological father even if he was married to the child’s mother. But the law seems to interpret your taking responsibility as the father as acceptance of all responsibilities, including child support. This is even the case when the non-biological father was led to believe that he was the biological father of the child, or had no reason not to believe as much.
Some states, like California, assume that when the mother is married, her husband is the legal father unless otherwise stated on the birth certificate or if circumstances would have prevented him from being present at conception. It may be easier to avoid legal fatherhood if the couple is not married and a paternity test reveals that you are not the father.
The issue is extremely murky to add to the unpleasantness of the situation. It’s best to seek the counsel of a family law attorney who will answer your questions and advise you of your rights. In almost every case, though, you must get a neutral third-party paternity test to establish that you are not the child’s father; home paternity tests are not considered admissible in court.
May 22nd, 2012
Whenever the court makes a decision in a child custody case—or any case involving children—they act in the best interests of the child. Not all sides will agree with the decision, but whenever you approach such a case, remember that the court thinks in this way. This may help you strategize in building your case, although assistance from an attorney is key in presenting your argument. It is also important to remember to avoid the mudslinging that is unfortunately common in divorce cases, unless, of course, it is necessary to prevent an ill-suited parent from obtaining custody.
Many fathers have long proven that they are capable, loving parents with their children’s best interests at heart. But a lot of dads worry that the judge won’t care about their fatherly efforts when deciding the winner of a custody battle. Some worry that the belief that children need their mother more than they need their father, or that mothers bond more with the child, will haunt them in their case. Unfortunately, this may hold true for some dads, although most are given visitation rights that allow them to see the child on weekends, a day during the week, and on holidays or during summer vacation.
But today more judges are favoring joint custody agreements as long as both parents are considered fit and capable of providing for the child. More see the benefit to having both parents in the child’s life, allowing dads to spend more time with their children aside from the weekends and holidays they were often granted in the past. This may also be a good way to avoid the child support argument, as long as both parents are equally capable of providing and spend an equal amount of time with the child.
If one parent is unfit, whether the mother or the father, the other side must present evidence like police records, hospital records, etc. demonstrating as much. Witness testimony may be presented in some cases. If such a case exists in which the mother is deemed unfit, the father will likely be granted sole custody as long as the evidence is legitimate and fair.
April 20th, 2012
Most associate divorce with animosity and fighting between the spouses. For couples without children, once the divorce process is over they often never have to worry about seeing the other or dealing with the other again unless they’re met with an awkward social encounter if they run into them in public. But for couples with children, divorce doesn’t end when the final agreement is reached. They must continue to see each other and talk with each other as they raise their children. While there may still be some degree of animosity present, it is often beneficial to all parties, especially the children, if they make an effort to get along.
This often starts with coming up with a physical custody plan that allows both parties to see their children an equal and fair amount of time. The first step in this process is usually determining the schedule of both parents. If one parent works long hours all day, it is often beneficial to all parties if the other parent is the custodial parent during the week with the non-custodial parent getting children on weekends. Sharing holidays is usually the best way to fairly divide these days, and alternating each year helps as well.
But if both parents work reasonable hours during the week and generally have their weekends free, an equal split might be beneficial and fair. Of course, involve the children in such a decision. Moving back and forth between two homes every two weeks or every month may be hectic and an unwelcomed change and shock, especially right after the divorce. If the children agree to such a plan, respect their decision to end it if it becomes too hectic down the road. They may welcome the idea of spending equal amounts of time with both parents, and moving back and forth between two homes for weeks at a time, but the reality of that may become difficult as they make friends and get older.
In the end, your decision as to a physical custody plan should be sought in the best interests of the children. The court acts in such a manner, and so should you as parents.
March 22nd, 2012
Child support is a contentious issue for a lot of couples who are going through a divorce. While most couples would probably agree that they’d prefer an uncontested, easy divorce process, when kids are involved, there is bound to be contention and stress. In a lot of cases, one party will feel they were unfairly treated in the final agreement, and many non-custodial parents are unhappy with the amount they are ordered to pay in child support. Other times, the custodial parent does not believe they are receiving enough. The money is intended to help the custodial parent cover costs related to caring for the child.
So what happens when the non-custodial parent believes that their payments are too high? They must file a request to modify the order. Never should a parent simply stop making payments. For one, the money is intended to help meet the child’s needs from providing him or her shelter to healthy meals. And failing to comply with a court order is a serious offense that may bring serious and lasting legal consequences to the individual. Those who are interested in modifying the order should always go about it in the right way and follow all necessary procedures. A lawyer should be consulted to make sure they are taking the correct steps.
A modification in a child support order may be obtained through the court. Remember, the court acts in the best interests of the child, but if there is a change in the financial situation of either party, an order modification may be obtained. A common modification request stems from unemployment. When a non-custodial parent loses his or her job, they must inform the child support office and seek a temporary modification until they find a new job. Keep in mind that they may actually owe whatever payments they miss once they find a new job. But this is better than being delinquent in their payments.
If one of the parents suffers a disability that affects their earning capacity and, therefore, ability to support the child, a modification may be sought. What’s more, if the child suffers an illness or medical condition requiring more care, a modification may be granted. Increases in the age of the child or the cost of living in the area may allow for a modification as well, as well as changes in specific costs related to the child—daycare, health insurance, etc.
January 20th, 2012
When most think of domestic violence, they think of men abusing women. But the opposite may be true in some cases, and while there is not the same amount of awareness of these cases, awareness is growing. Many men who are abused are embarrassed or even afraid to come forward and alert the authorities. Women may also feel embarrassed or afraid to come forward, but the support system for abused women is greater than that provided for men.
domestic violence against men
There may even be instances of men who fear suspicion that they abused the woman they are reporting as having abused them. They may think that others will think that the abuse went both ways, and view them as at-fault instead of the abusive woman. Many women who are accused of abuse subsequently claim abuse at the hands of the man accusing them, whether the allegations against them are true or not. As a result, even fewer men come forward thinking that nobody would believe their allegations.
Countless stories tell of men who are physically abused by women calling the police only to be arrested themselves when the police arrive. One story tells of a man being driven to the hospital by the police after his wife struck him with a frying pan as he slept; the wife was not arrested. Many men who experience violence from their wives during marriage are advised not to bring up such incidents in their divorce proceedings because the court may consider it an act of violence against the wife. In these cases, perception takes center stage and allows women to get away with abuse while men pay the unjust consequences.
Many victims of domestic violence against men are hurt by emotional attacks rather than physical abuse, although the latter does exist and may go unreported. Men who are demeaned on a constant basis may develop deep emotional scarring that may have long-lasting effects. Examples of emotional abuse directed towards men include calling them cowardly, impotent, or remarking on their lack of social or professional status.
There is little data on domestic violence directed against men, which many attribute to the failure of many abused men to report the abuse. Know your resources if you’re a victim of abuse and violence. S.A.F.E. is an organization whose name stands for ‘Stop Abuse for Everyone’ and focuses on straight and gay men, and lesbian women. Talk to an attorney if you are afraid of how the police will perceive your situation, but if in dire need of help, call emergency personnel.
December 22nd, 2011
Firstly, there are plenty of men who have custody of their children. But many view the laws as biased against fathers and leaning more towards mothers. Many believe that unless the mother is unfit and has some legal problems or other issues, she is almost guaranteed to prevail in a family law case. Traditionally, women have been allowed to take the kids following a divorce and many still see it that way.If you’re going through a divorce, make sure you hire a lawyer to represent you in the matter. Otherwise, you may not be fully aware of the rights you have in the case, and you may come up with the short end of the stick, so to speak.
Many still see women as playing a larger role in raising the children as compared to the child’s father, which some explain as a reason that mothers prevail in these cases. Courts often consider the emotional attachment of the child to each parent when determining which parent should be the custodial parent, and which the non-custodial parent. Some believe that with many seeing the mother as having a stronger bond with the child, many courts end up granting women custody of the child instead of men. It isn’t that the laws specifically grant mothers more rights than fathers, but that many courts will grant more time with the children to the mother than the father.
As far as paying child support each month, the court will order it paid so the child has all that he or she needs and is well-cared for. The amount paid will be based on the income of both parents, earning capacity, and other factors. In cases in which the ex-spouses share custody equally and earn roughly the same in salary, nobody may be responsible for paying child support. Make sure you remember that each case is different, and to speak with an attorney regarding the specifics of your case to get a better idea of what you might expect in court.
This isn’t to say that fathers are never the custodial parent. Many fathers take care of the children for a greater period of time than the child’s mother. Speak with your attorney and inquire about your chances in court. If you’re a good father with no legal troubles who earns enough to take care of the child, you should legally have as much a chance at prevailing in these family law battles as the mother.
September 22nd, 2011
In the face of the current change from the family courts leaning mostly towards mothers in assessing child custody or support in a divorce, a large amount of fathers nevertheless still think their parental rights are put into a subordinate position. A lot of men neglect to recognize they are allowed the equivalent expectations, except not having a court order to safeguard their interests, they have no official or authorized documentation to apply their rights after a divorce is finalized.
Diefer law helps to protect the rights of Father’s in cities throughout the Southern California. For anyone enlisted in the armed forces stationed overseas and having family problems here in California, we are ready to aggressively represent you on your behalf.
Flexible fathers involved in a divorce typically conform to settlement terms that can concede their parental rights relating to custody, visitation and monetary assistance of their child and further issues because circumstances vary greatly following a divorce. With many years in various family law cases, our legal office can help fathers in laying the foundation for thorough and official rights, which aid in using them to:
· Acquire child custody resulting from substantial changes in a parent’s life
· Put a stop to potential relocations from interfering your visitation privileges
· Contest assertions of missing child support payments
· Stay away from prospective reimbursement of any state assist gathered by the child’s mother
· Maintain the entitlement to inquire about divorce decree modifications
With no need for confirmation of your fathers’ rights supported by a expert divorce settlement, challenges afterward may cause possible loss of a certified license or identifying document that limits your means to take a trip.
Father’s Rights and Paternity
Although matters of parenthood sometimes surface when children are still young, issues can change. A plainly recognized fatherhood can assist single biological father get around losing their parental rights as your circumstances changes or your child’s. From addressing assertions of abandonment to demonstrating thorough child financial support, we can help defend your happiness along with your child’s future.
Contact us for a consultation to go over your needs with an experienced family law lawyer dedicated to assisting you and your loved ones.