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Sacramento Family Law Blog

Family has opened home and hearts to several through adoption

Families can be defined in many ways, but the most common element is love for one another. Some parents do not limit their families only through the birth of their biological children and will open their homes and hearts through adoption. Thousands of families in California have been created through this labor of love.

One family recently shared their journey of growing from a family of five to a family of eight through the adoption of three children over the space of several years. The mother initially expressed resistance to the idea of becoming a parent to children who were not her biological offspring. However, over time, her spouse was able to convince her to research the possibility of opening their family up to other children.

Fathers are much more than a child support check

Historically, when a two-parent family became a one-parent household, the courts often had a set approach when determining the roles of the parents. Traditionally, custody was awarded to the mother, though that's not necessarily the case any longer. Courts in California and elsewhere now recognize that a father's role is much more than providing a child support

Many fathers play a significant role in the lives of their children, above and beyond the expected financial contribution. Unfortunately, the child support system has been slower to respond to these changing attitudes. There are an estimated 14 million current support orders throughout the states. Of these open cases, the majority of those parents are behind in paying support.

It is vital to you to settle complex property division equitably

California is a community property state. However, there are certain circumstances that may make it more challenging to reach a truly equitable settlement solution during your divorce. A complex property division may include multiple sources of income and a variety of assets that require careful management.

State laws require that both parties in a divorce disclose all assets that were a part of the marriage. However, there are situations that require the assistance of experienced specialized accountants who can properly appraise the value of holdings that might include a business or other income sources. Additionally, those who were in a high-asset marriage may also benefit from a careful analysis of the monetary value of stocks, bonds and various pension or retirement accounts.

State may offer notice to some grandparents of upcoming adoption

During the course of one's life, the only thing that is constant is change. One state is now taking steps to provide notice of one life change to grandparents concerning the possible adoption of a grandchild. Every state, including California, has its own laws regarding whether other parties require notice in the event a grandchild will be adopted.

The proposed change in the law was a response to one particular case that was recently processed through that state's family courts. A grandparent who had previously been granted the rights of visitation with the grandchild lost that right when the child's remaining parent remarried. The new spouse legally adopted the child, thereby ending the visitation order for the grandparent.

According to court, child support is not only test of parenthood

A recent case came before a court that was seen as a test of what makes one a parent. Regardless of whether one is under orders to pay child support, the changes in the definition of family over the past decade has lead to some confusion over the roles of individuals in the lives of children. Since the United States Supreme Court has affirmed the rights of same-sex couples to marry, there may be families here in California who also have questions concerning the definition of parenthood.

The test case was tried in another state and involved the issue of parenting rights of an adopted child. The couple involved had discussed and began the process of an international adoption. However, before the application had been approved, the women decided to end their relationship. The younger woman, who initiated the process, continued with the process.

Don't let deception cost you in a contested divorce

The end of a relationship is never an easy ordeal, either emotionally or financially. You may be so caught up in trying to deal with the day-to-day emotions that it may be difficult to consider the financial ramifications that can impact a contested divorce. While California is a community property state, that does not always deter one spouse from attempting to deceive the other in the process.

There are so many matters that vie for your attention during a divorce. If there are children involved, then child custody and support may take priority in your mind. These two aspects of a divorce are of utmost importance, but making sure your soon-to-be ex-spouse does not attempt to prevent you from receiving your share of the marital assets is also an important point to guard against.

Wife wants selling of assets to settle complex property division

Most of the time, a divorce can be an unsettling experience for the partners involved. However, there are rare situations that are so complicated that even property division can be more difficult to settle. While California is a community property state, not every state has laws that dictate this aspect as clearly.

There is an ongoing divorce case in another state that has many layers to it. The husband in the case is also facing several charges in three different courts, including contempt in the divorce from his wife of almost 44 years. Her attorneys have claimed that she has faced threats from her husband over how the case should be settled. The couple purportedly has property holdings estimated to be worth several million dollars. However, there is also an ongoing bankruptcy case that is expected to have a direct impact on the property division aspect of the divorce.

2 sisters create family through adoption

As almost anyone who has shared time with close friends will verify, family can encompass more than those with whom one shares genetic ties. Many California families have been formed through an adoption or other arrangement. Regardless of how they come into being, family bonds can last a lifetime and beyond.

Recently, two women came forward to share their experience with adoption and how it drew them even closer together. While many siblings tend to drift apart over the years, especially when they live in different states, these two sisters found that a child had the power to cement their bonds. The one sister had desired to raise her own children one day and was eager to start a family once she and her husband were married. Her divorced sister had children and discovered after a relationship breakup that she was expecting another child. The first sister discovered that she and her spouse may never have their own biological children due to fertility problems.

Self-employed? Protect your business during your divorce

You're self-employed and have decided to get a divorce. Just like in any other divorce, your income will be noted, and it may be needed to determine if you receive or pay alimony, which assets you are entitled to and for the court to understand who earned what during the marriage.

Your small business is what brings in your income, so it's important that it's protected during the divorce. What can you do to help make sure your business is protected when you take that final leap towards divorce?

New approach to collecting child support being tested

For those who have the means, paying court-ordered support is usually not a problem. However, for those parents who are struggling to make their child support payments, the heavy-handed approach often is not the most effective. California parents can seek assistance whenever there is a problem, ensuring that custodial parents are able to meet the needs of their children.

Recently, there has been some efforts to attempt to soften the approach that some child support enforcement agencies are taking toward parents who are struggling to make their payments on a regular basis. The revised approach is due to a program that is being tested by the federal government. One director, whose agency is one of the test markets, expressed relief that the workers are now encouraged to treat parents more as part of a team than as adversaries.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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