Category Archives: Custody and Visitation

Effects of Parental Alienation in Adulthood

A 2019 Italian study this year indicates that adults who were victims of Parental Alientation suffer increased incidents of depression and a lower level of quality of life. If you love your children, make sure you are not engaging in this type of behavior. It is considered child abuse! The goal of any parent should be to raise a child into a fully functioning and resilient adult. HRQoL is the quality of life quotient

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6332910/h

FAMILY CODE 7611- Presumptions regarding Parent-Child Relationship

A person is presumed to be the natural parent of a child if the person meets the conditions provided in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any of the following subdivisions:

(a) The presumed parent and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court.

(b) Before the child’s birth, the presumed parent and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:

(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.

(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.

(c) After the child’s birth, the presumed parent and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true:

(1) With his or her consent, the presumed parent is named as the child’s parent on the child’s birth certificate.

(2) The presumed parent is obligated to support the child under a written voluntary promise or by court order.

(d) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child.

(e) If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child’s father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative.

(f) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied.

(Amended by Stats. 2013, Ch. 510, Sec. 3. (AB 1403) Effective January 1, 2014.)

Child Custody – Pendente Lite Orders

When parties divorce, often they do not understand that both parties have equal parental rights to the children produced by the marriage until an order has been issued.  So, when filing for a divorce, often attorneys will quickly file a Request for Order (RFO), asking the Court to make at temporary orders regarding custody and visitation (Pendente Lite Orders).  This avoids a situation where each parent is taking the child from school, daycare, etc….

If the situation presents a danger to the children, a parent can file to request an ex parte order be issued by the Court. Because these orders can involve one parent not being present during that initial hearing, another hearing is set, usually within 21 days.  This gives the parent who was not present during the first hearing time to arrange to be present at the next hearing, and possibly retain an attorney in the meantime.

It is very important to attend that initial hearing, regardless of whether you were properly served, as orders can issue from that hearing that could result in you not seeing your child until the next hearing.