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Posted on in Child Custody

IL family lawyerChild custody is complicated no matter the circumstances of a parent’s particular case. Not only are custody battles complex, but they are often stressful times for everyone involved. However, the stress and complexity of a child custody case can each take on new dimensions when one parent is not a U.S. citizen. A San Jose child custody attorney can help explain what options you have today.

Types of Custody Available for Non-Citizen and Citizens Alike

Even though one of the parents is not a U.S. citizen, they will be given a fair chance at gaining custody rights over their American citizen child or baby. The custody decision may be one of the following:

  • Sole legal custody;
  • Joint legal custody;
  • Joint physical custody;
  • Visitation rights; or
  • No custody or visitation rights.

California courts will always choose a living situation and custody arrangement that is in the best interests of the child. This remains true even when one parent is not a U.S. citizen. As such, it is important to understand this vital question: “what are the best interests of your child?” The court will analyze the following factors (and more) to come up with a decision:

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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 family lawyerYou may be limited to just a few hours every couple of days, or an overnighter on the weekends, but this time with your child will go a long way in cementing your relationship with them and creating or maintaining a bond that will last a lifetime. A parent who has just gone through divorce and was awarded visitation time only, rather than shared custody, may lament the court’s decision, but it is important to keep a positive attitude for your child and to maximize the quality of time that you do have with your son or daughter. A San Jose child visitation and custody attorney can help you with visitation or custody and can offer suggestions on what to do with your child, how to make a plan, and other questions you may have.

Make a Schedule and Keep To It

According to the Centers for Disease Control and Prevention (CDC), the building blocks for structure are consistency, predictability, and follow through. Structure is important for children—so important, in fact, that the CDC, recommends creating structure in the following ways:

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Posted on in Child Custody

CA divorce lawyerA new approach to the parenting plans is being taken by thousands of couples in the Bay Area. While the traditional living arrangement method calls for moving the child back and forth from the mother’s house to the father’s house, “bird nesting” or “bird nest custody” keeps the child in the same home, while the parents move in and out as their time sharing agreement dictates. While bird nesting may not be for everyone, there are some striking positives to it that the traditional living split living arrangement for the child simply fails to meet. A San Jose custody attorney can explain bird nest custody in more depth to you.

How Bird Nesting Works

Bird nest custody requires that the child or children stay put in the home while the mother and father take turns living there and parenting. Whether parents have every other night with their children or every other week is up to you and the other parent. The goal is to reduce the stress on your child as much as possible during a separation or divorce.

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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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