Frank J. Prainito

Posts Tagged ‘custody orders’

Seeking Child Custody in California When You Are Not Married

Posted on: March 17th, 2017 by admin

Generally speaking, California law gives a legal presumption that a husband and wife are the parents of a child born into that marriage. California Family Code Section 7540 reads in part as:

“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”

When a child is born to unwed parents, however, the child does not have a legal father until parentage, sometimes called paternity, is legally established. This effectively means the unwed mother’s custody rights are a given and unwed fathers have neither rights nor responsibilities to their children until their parentage is established. (more…)

Legalization Of Marijuana: Will it affect child custody cases, and how?

Posted on: November 9th, 2016 by admin

California voters recently approved Proposition 64, legalizing the recreational use of marijuana. Regardless of one’s stance: separated mothers and fathers in a custody dispute, do not pick up the pipe just yet, and claim legalization as a defense.

Indeed, it is “the public policy of this state to assure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interest of children. . .” Family Code Section 3020(a). A major factor affecting the best interest of children is whether there is substance abuse, illegal or otherwise. Family Code Section 3011(d). This includes marijuana. (more…)

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