- California law presumes that a child born during marriage is the natural offspring of the married man and woman. If the woman is pregnant at the time of filing divorce, her spouse is presumed to be the father. Both parents will have custody rights and child support responsibilities.
- Child custody can be shared equally or go entirely to one parent. A parent may relinquish her custody right: However, the court makes the final ruling based on the facts provided to the court.
- A parent may initially be willing to give up shared custody and allow the main caretaker to maintain full custody. However, he pays less child support with shared custody.
- With a parental history of domestic violence, substance abuse or criminal activity, the court can deny visitation or place strict restrictions on visitation rights, allowing the noncustodial parent to see her children in a protected environment.
- In case of domestic abuse or danger, parents can obtain a temporary restraining order. Many courts have a free legal help center to help you draft the divorce papers and a domestic abuse clinic to draft the restraining order. You can submit an ex parte application to see a judge within 24 hours. Fee waivers are available for low-income applicants.
Presumption of Paternity
Child Custody
Child Support
Visitation Rights
Restraining Orders
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