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May 2014 Archives

New bill to address child custody may affect Jason Patric

Modern science has brought about opportunities for families to have children in unconventional ways. Heterosexual and same-sex couples are able to use the sperm and eggs from people of their choice, have them combined in a laboratory and then use the resulting embryos whenever they want. However, laws to govern this modern way of building families have not kept up, and many child custody and parental rights claims have not been properly dealt with. California has acknowledged the problem, and the State Senate has recently passed a bill to address parental rights.

Parents in same-sex marriage may soon have their roles defined

With more and more states recognizing same-sex marriages, it is likely inevitable that more accommodating laws will be proposed over time. A bill that recently passed at California state assembly level allows couples in a same-sex marriage to be able to define each parent's role as father or mother on the birth certificate of a child. The sponsor of the bill said that there should be no discrimination against same-sex parents when they complete the details of a birth certificate and that classifications should be more accommodating.

Child custody issues when domestic partnerships end

Same-sex California couples may be aware of a child custody case that has recently been grabbing attention. When couples are in same-sex marriages or registered domestic partnerships, they often face many challenges similar to those faced by heterosexual couples. The difference, however, is that there are laws in place for almost any eventuality in heterosexual marriages. Although same-sex marriages are accepted in many states, the laws related to child custody and divorce in some states have not been amended to cover same-sex parents.

Child custody dispute over frozen embryos to be appealed

In a fast-changing world, child custody disputes now also include frozen embryos. California readers may be interested in a child custody dispute in another state where an ex-boyfriend is trying to stop a woman from using frozen embryos. A judge recently ruled in the woman's favor.

California couples may be protected by a prenuptial agreement

Times have changed, and many couples typically get married a bit later in life than couples in previous years. California individuals considering engagement and marriage may have already accumulated some assets. While discussing a prenuptial agreement is sometimes regarded as a sensitive subject, it is an important process in modern marriages.

What happens when a parent with child custody is arrested?

When a single or divorced parent in California gets arrested, there is likely a host of concerns. Apart from matters like rent and job obligations, concern for the care of any children involved would probably be foremost in the parent's mind. If the arrested parent has child custody, Social Services would probably start by attempting to contact the non-custodial parent.

A prenuptial agreement in California needs full disclosure

California couples may be interested in the questions asked by the spouse of a man who is suffering from dementia, related to her inheritance in the event of his death. She claims to have signed a prenuptial agreement under duress, before their marriage. Initially, the agreement allowed her to receive $10,000 from his estate, but this was later adjusted to also incorporate $50,000 from her husband's individual retirement account.

Surviving partner inheritance tax liability in same-sex marriage

Although same-sex marriages are legal in California, some laws relating to marriage, divorce, estate taxes and more have not been adjusted to accommodate same-sex couples on a state-by-state basis. As such, the fight for marriage equality continues for those in a same-sex marriage. When the wife of a female teacher died, the woman was surprised to learn that she was not recognized as the wife of the deceased, despite having been married in another state.

Control emotions prior to property division in California divorce

Recognizing that a California marriage can not be saved and deciding to call it quits is likely to be an emotional experience for both spouses. This has been proven to be a rocky time that can either set an individual on the road to financial stability, or it can be the destruction of future financial stability. The ability to control emotions will typically determine which way an individual goes. It is quite natural to be emotional at this time and some marital experts advise that both spouses take their time to adjust to the idea of divorce before proceeding with property division.

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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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