How Do I See My Kid Los Angeles Child Custody Attorney David Pisarra tells you how
Hey guys, Dave Pisarra here with MensFamilylaw so we’re gonna talk about the situation where you have a child, you’re not married, so you’re just boyfriend girlfriend, you’re probably on the birth certificate, but maybe you’re not, and she won’t let you see the kid. So here’s the deal. Mom has legal custody of the child and physical custody of the child because she’s the mom. She’s gonna be on the birth certificate. If you’re on the birth certificate you have technically legal custody but the question becomes what’s that really mean in terms of actual day to day operations.You’re gonna have physical custody if mom is allowing you to see the baby, but the problem is when mom wants to move and takes the kid with her.
You don’t actually have a court order that says you have any time to actually see the child. The police are gonna look at it and say mom’s supposed to be with the baby because the baby is still probably nursing. So if you’ve got that situation where you’re a daddy bu you’re not actually a court ordered dad, paying child support with a court order for visitation, you’re kinda left out in the cold when the kids are really young. So that’s the situation where you’re going to have to file what’s called a paternity suit. Filing for paternity is a really easy thing we just fill out a couple of forms we get mom served, she’s got 30 days to file an answer, and then we can go forward and get a court order for.
Visitation, but that also means you’re probably going to have to pay child support, which if you’re a good dad you probably want to pay anyways and like a lot of my clients you’re probably already paying the rent, buying diapers, putting in food, paying for the utilities and it’s possible that your child support might actually go down. So this can be a good thing for you from a financial standpoint and it’s something that you definitely have to have if you want to make sure you have your rights to see your child. If you’ve got more questions, and you want to talk about it, please feel free to give me a call, check out the other tutorials, and read the blog, subscribe to our newsletter so you get the free Before.
You Leave guide and listen, remember, a cheeseburger and a chocolate shake will get you through just about everything. Take care man.
A Guide to Children Law What happens to the Children during a Divorce or Separation
It’s a sad fact that on average 42 percent of marriages end up in divorce and the main victims are the children. Today we are going to discuss various scenarios covering the law relating to the children of the family, and with me today is Karis Wookey, a solicitor in Howells and a specialist in children law. Karis, we’re now going to run through a few scenarios covering parental responsibility.
For my first example, a couple marries in 2000. They have a 10yearold son and a 6yearold daughter and twelve years later the parties separated. What is a typical arrangement for the children? Ideally, parents will come to an agreement at this point regarding where the children live and how much time the children spend with each parent. But what if they can’t agree with these arrangements? There are circumstances where the mother would not agree.
To arrangement whereby the children would spend equal time with both parents. Say, for example, if her child benefits were reduced, if father formed a new relationship with another partner, or she may just be unreasonable. So what can he do, if his ex partner decides to reduce contact with his children? The first port of call is to seek legal advice. Here at Howells, we offer a 30 minute free consultation with a specialist solicitor.
And there is no pressure to proceed after the initial interview? No, there’s no pressure whatsoever to proceed and of course will be no costs involved. In our case study, the father has parental responsibility as he is married to the child’s mother so he would be responsible for looking after the child, providing a secure and stable home environment, choosing educational needs and appropriate schools, choosing the child’s name and consenting to any change of name,.
And agreeing to medical treatment. These are just a few examples of what having parental responsibility means. What would the first step be for the father to reinstate the original agreement or to gain more access to his children? Firstly, we would need to write to the mother setting out his proposals and requesting the previous arrangement be reinstated immediately. We would request the response from mother within 14 days and suggest that she seeks independent.
Legal advice if she’s unsure about the contents. So is the best case scenario that the mother responds and reinstates the previous arrangement? Yes, but if this doesn’t occur or if she fails to respond then we would refer the matter to mediation. As of the 22nd April 2014 prior to making any application to court, a mediation intake assessment meeting known as MIAMS needs to have taken place. There are however some exemptions to this, such as domestic violence.
Mediators are trained to help resolve a number of issues including children disputes. Who pays for this mediation? If one party is eligible for legal help then this will cover both parties. However, generally it is the person making the referral to mediation that will bear the expense usually ranging from 75 to 150 pounds plus VAT. If further sessions are required, then the fees will increase and these should generally be split equally between the parties.