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July 2016 Archives

What should we exclude from our prenup?

If you are engaged and planning a wedding, you may be considering the inclusion of a prenuptial agreement in the arrangement. This is a wise decision in many ways. A prenuptial agreement can provide many protections for both parties in a marital union, should the union ever end. This also can serve to confirm that both spouses have love and devotion as primary motivators and have no intention of profiting from the union.

Giving children homes in same-sex families

Times are changing and with the changes comes an overall greater acceptance of relationships that are not so cookie-cutter. Even with the acceptance, there come new challenges, particularly getting older legislation to keep up with more relevant considerations. One such consideration in the age of same-sex marriages and divorces is same-sex adoption.

Benefits of mediation in your child custody dispute

Resolution to some family law matters might be easier if you can avoid taking an adversarial stance. This doesn't mean that you shouldn't stand up for yourself, or that you shouldn't protect your legal rights and advocate for the best interests of your children.

How to say I love you with a prenup

When you are tying the knot, you want it to not be frayed. You also want to avoid your stomach being in knots and your emotions being out of control. But often certain questions take precedence and your friends' or family's fears begin to echo in your mind and you wonder if there is validity. The echo of insecurity can become louder as you get closer to the altar.

Should I establish parentage with a dead-beat dad?

If you are a woman and you have had a child with a man you were not married to at the time the child was conceived or born, you may want to do one of two things: have the father sign a Declaration of Parentage or obtain a court order requesting the man submit to genetic testing proving he is the father.

The right representation to entrust your children with

Nothing is more important than your children. And when you are facing divorce and the termination of a relationship you once put in front of everything else, when you leave the team you have become so used to playing on, when you decide it is better to part with the person you used to rely upon, rather than stay and be unhappy, preserving that bond with your children means more than it ever did before.

The importance of establishing paternity

If you are married and have a child with your wife, your paternity is usually established. You are automatically considered the father of the child. However, in cases where the parents are unmarried, you are protecting the best interests of the child to immediately begin the process of establishing paternity of the child; it is not an automatic assumption.

Child custody and support for unmarried mothers

If you have a child with a man and were not married to him at the time, you may discover you continually run into red tape when trying to pursue financial support to provide for your child. A court order is necessary to force a father to make child support payments and if you never established paternity with the father, it must be done before a court order for child support can be made.

1 thing you must have as a same-sex parent

If you are in a same-sex marriage and have decided to have a baby with your partner, and your partner will be the biological parent, it is vital you not only legally adopt your child, but you also create a parenting plan with your partner. Some courts simply do not recognize same-sex second parents to have any relevance when determining things like custody and visitation rights, should you and your partner divorce. In some courts, you are actually treated like a complete stranger even if you could demonstrate you have played an integral part in your child's life to date. Other courts will recognize and allow for visitation rights, even if you have not legally adopted, labeling you a "de facto" parent.

Legal strangers

When a man and a woman have a baby and then at some point separate, the matter of child custody arises. If the parents decide they cannot collaborate on what is best for the child, they can present the matter to the court in their state and have a judge order a custody arrangement. The judge will review all the circumstances regarding the current parenting relationship between the child and his or her parents and will create a child custody and support order. The judge does so by considering what is best for the child. But what of a same-sex couple? Particularly when only one parent is the biological parent?

Protecting assets with sentimental value

When you are going through a divorce, things have the potential to get tense and two people, who once signed on to a life together, can end up enemies. This may be particularly true if you were caught by surprise when served with the divorce papers. In fact, you may not even want the divorce, but realize it is inevitable because your spouse's mind is set.

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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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