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CA child support attorneyEducation is taken very seriously in San Jose. Over 40 percent of San Jose residents have a bachelor's degree or higher, and over 25 percent have some college or an associate’s degree. Some parents believe that private school is a better option for their child and that it will set their child up for success when it comes to applying to the best colleges in and out of state. However, private school can be incredibly expensive and may be impossible for a single parent to pay for. The average annual cost of private elementary in California is $11,000, while high school costs $19,000 per year. Whether you are the custodial or non-custodial parent, a San Jose child support attorney can help.

Private School Before Divorce

During a divorce agreement, the child’s education will likely come up. If the child was going to private school before the divorce or separation, the court may believe that it is in the child’s best interest to continue going to that school, even if it is difficult for the non-custodial parent to pay higher child support to make it possible. During a divorce agreement, the court generally likes to make as few changes as possible when it comes to the child’s life and taking them out of a private school that they have grown accustomed to would constitute a drastic change.

Post-Divorce Private School

It may be more difficult to get the non-custodial parent’s child custody to increase if the child did not go to private school before the divorce, but it is not out of the question. Much of the decision is based on the non-custodial parent and the custodial parent’s abilities to pay.

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Posted on in Family Law

CA family lawyerThere is no age limit to marry in the state of California. However, there are new restrictions that have been put in place to help reduce the number of unwanted underage marriages that have been forced upon the minors by their parents or others. These restrictions, which will begin January 1st, 2019, include the following:

  • Parents of the minor will have to meet with court officials separate from their children;
  • The minor, or minors, will have to meet with court officials, separate from their parents; and
  • Minors must wait at least 30 days before getting married unless they are 17 years old and have graduated high school or one of the spouses is pregnant.

These separate meetings are used to ensure that the parents or others are not forcing or coercing the minor to get married. If you have questions about underage marriage as a parent or a minor, call a San Jose family law attorney.

Reasons For and Against Underage Marriage

There are a number of valid reasons why two minors would marry one another, or why a minor would want to marry an adult 18 years of age or older. While underage marriage is somewhat rare in the U.S. (in Los Angeles County there were only 44 petitions for underage marriages in the last five years), it is common in third world countries.

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CA domestic violence attorneyThese are troubling times for immigrants living in the United States. While extreme hostility towards immigrants has become the norm in political speech and policy in recent years, non-U.S. citizens still have many rights. And one of these rights includes being able to not only leave an abusive relationship, but to pursue financial damages in civil court as well. As a non-U.S. citizen, if you are a victim of domestic violence, do not hesitate to contact a San Jose domestic violence attorney as soon as possible.

Increased ICE Presence in Family Court Leads to Fear of Speaking Out Against Domestic Violence

Since President Trump took office at the beginning of 2017, the increased presence of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) at civil and criminal court has caused immigrants to stop appearing in court as well as reporting a crime, according to the American Civil Liberties Union (ACLU). One of the most affected areas of law has been family court, which is drastically decreasing the chances for domestic violence victims of finding relief and compensation for their tremendous damages. A survey of law enforcement officers, judges, and prosecutors found a striking difference between 2016 and 2017, as described below.

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Posted on in Family Law

California family lawyerReproductive rights are currently, as always in the past few decades, a point of controversy. Abortion is the most hotly contested reproductive right, while issues of the rights to contraception and sex education are also fought fiercely against by various religious groups. As an adult, as a parent, or as a minor, understanding these reproductive rights is an important aspect of family law that a San Jose attorney can help you to better understand.

Women’s Rights to Medical Services and Her Own Medical Choices

Under Roe v. Wade, it is a federal right to be able to terminate a pregnancy by getting an abortion, to have access to reproductive health services, to have access to contraceptives, and do not have these right interfered with by politicians. Patients also have the right to get pregnant, plan a family, raise their children, and the right to privacy (confidentiality with their physician). As such, a patient can keep a pregnancy test secret, as well as any other medical procedures they have done.

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Posted on in Family Law

California family lawyerBringing a child into your home through adoption is cause for joy and excitement, but along with it comes some very complex legal paperwork, rules, and regulations. Adoption law can quickly become confusing, even to the legal-minded, which is why working with an experienced and trusted family law attorney who has a focus on adoption is necessary. Some of the most common questions that prospective San Jose adoptive parents have are outlined below.

What Monetary Support Must Be Provided to the Birth Mother?

If you are adopting a yet-to-be-born child, the adoptive mother may request certain things to be paid for in order to sign a termination of parental rights agreement. Typically, requests of medical bills, legal costs, food, and possibly shelter are made by birth mothers. However, there are no laws or rules that mandate certain items or services to be provided. There is, however, a law that strictly prohibits payment to any party for placement of a child or consent for adoption.

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