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Child Custody

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Each year, millions of children in the United States and other countries face the dissolution of their families due to increasing rates of separation and divorce. Children experience divorce deeply and personally and often feel guilty about the separation, even though they have nothing to do with it. These children are at higher risk of suffering short- and long-term negative consequences compared to those from intact families.

However, these outcomes are not the same for all children and are not inevitable. Many factors can reduce risks and promote resilience in children. The three main factors that affect children’s well-being during and after their parents’ separation or divorce are:

Parents’ well-being and ability to function effectively are crucial. By learning to manage conflict, parent effectively, and maintain warm and loving relationships with their children, parents can have a significant positive impact even during difficult changes.

The role and skills of parents in helping their children cope with separation or divorce are fundamental. Both must set aside their emotions and avoid speaking ill of the other parent in front of the children to prevent confusion and guilt. Parents have the power to mitigate or reverse the possible negative effects of divorce on their children.

Impact of Separation and Divorce on Children

In most cases, children react tragically to separation and divorce because they are at an age where they do not know how to handle their emotions. They may also feel a great loss when one parent moves away, a beloved pet is left behind, or they miss their father or mother. These emotions can be painful and may include:

Sadness
Anxiety
Fear of abandonment
Guilt
Suicidal thoughts
Confusion
Anger
Loyalty conflicts
Grief

Short-Term Consequences of Separation or Divorce:

Research shows that short-term negative consequences for children after divorce include:

Long-Term Consequences of Separation or Divorce

In many separations or divorces, children may develop long-term symptoms. A significant minority of children may face the following:

Lower well-being
Lower socioeconomic status
Deteriorated physical health
Weaker emotional bonds with their own parents

It is essential for parents to play an active and positive role during the separation or divorce process to help their children face and overcome difficulties. Learning to manage conflict and maintain healthy parenting and relationships can make a major difference in children’s well-being.

Understanding Separation and Divorce:

When parents decide to separate, children often do not understand the situation and do not know how to handle it. In these cases, it is highly recommended that children attend therapy and participate in family programs. These resources help minors cope with separation in a less painful and confusing way.

Importance of Children’s Well-Being:

Unfortunately, some parents, due to pride, do not prioritize their children’s future well-being during separation or divorce. They focus more on winning the case, taking revenge on the other parent, or punishing them for their actions, placing their children’s emotional needs in the background. As legal professionals in Los Angeles, we have seen the damage these actions can cause to children and the importance of having good legal support to achieve a favorable outcome.

Managing Conflictual Relationships:

In situations of conflictual relationships between parents during separation or divorce, disputes and parental alienation may arise. This deeply affects children when one parent intentionally distances the other. Parental alienation is a manipulative tactic intended to distance the child from one of their parents, causing long-term emotional harm.

Recognizing and Addressing Parental Alienation:

It is crucial to recognize the signs of parental alienation and seek specialized legal help in separation and divorce cases. This is essential to protect children’s rights and emotions and to maintain healthy parent-child relationships.

At Progresso Legal Group, we have over 25 years of experience serving families. Every day we help mothers and fathers maintain strong relationships with their children. We are here to provide the necessary support and ensure that children’s interests are always a priority.

Impact of Parental Alienation on Children:

Parental alienation is a manipulative tactic that seeks to distance a child from one of their parents. This can manifest in various ways, such as lying to the child about the other parent or interfering in their relationship. It is crucial to be alert to these behaviors to avoid long-term emotional harm to children.

The impact of parental alienation can be profound and difficult to manage. It can quickly change family dynamics and cause distress to both the child and the alienated parent. It is important to address this issue sensitively and seek professional help if necessary.

Legal Recognition of Paternity in California:

In California, paternity law establishes who is legally recognized as a child’s parent. When a couple is legally married at the time of the child’s birth, paternity is automatically presumed, and the spouses are considered the legal parents of the child.

At Progresso Legal Group P.C., we have served families for over 25 years, always looking out for the family’s best interests and protecting their minor children. We are here to help Hispanic families who do not know how to handle these cases and the challenges they involve. If you need legal support, we are here to offer you the best representation in your case.

In our law office, we want our clients and those seeking legal help to clearly understand not only the process but also the terms used in the case. Below we list the most commonly used English terms in paternity cases with their definitions in Spanish:

Paternity: The legal establishment of a child’s biological father.
Petitioner: The party who initiates legal action, often seeking to establish paternity.
Respondent: The opposing party in a legal action, typically the alleged father in a paternity case.
Acknowledgment of Paternity: A legal document signed by both parents acknowledging a child’s paternity.
DNA Testing: A scientific method used to determine biological parentage through genetic analysis.
Child Support: Financial support paid by a parent to help with the costs of raising a child.
Visitation: The right of a non-custodial parent to spend time with their child.
Custody: Legal authority over a child, which may involve physical custody (where the child lives) and legal custody (decision-making authority).
Guardianship: Legal responsibility for the care and decision-making of a child, often granted to a non-parent.
Paternity Case: A legal action initiated to establish or challenge paternity.
Alleged Father: The person claimed to be a child’s biological father but who has not been legally established as such.
Biological Father: The man who contributed sperm to conceive a child.
Putative Father: A man claimed to be the father of a child but who has not been legally established as such.
Legal Father: The man recognized as a child’s father under the law, who may or may not be the biological father.

Paternity Test: A test, often involving DNA analysis, used to determine the biological relationship between a child and an alleged father.

Establishing Paternity:

For unmarried parents, it is necessary to legally establish paternity by signing a paternity declaration or obtaining a court order. Until this occurs, the child will not have a legally recognized father. Although a man may prove he is the biological father, if he has never been married to the mother, he may not have rights over the child.

Many fathers are unaware of this law and become frustrated when facing these cases. That is why legal advice is essential. At Progresso Legal Group P.C., we are here to offer you the best representation in your paternity case.

Legal Responsibility of Parents:

It is important to know that parents are legally responsible for their children and their support, whether married or not. Even if the father does not want to take responsibility for raising the child or separates from the mother before birth, he remains responsible for the child’s well-being.

For families left with an irresponsible father, legal recognition of paternity is crucial to obtain financial support from the father for the child’s maintenance.

How to Establish Paternity in California?

In the state of California, the most accurate, simple, and clear first step to resolve any issue related to child custody is to establish paternity for unmarried parents. This involves legally including the father’s name on the child’s birth certificate—a fundamental step in addressing any custody matter.

Regulations and Procedures:

According to the U.S. Department of Health and Human Services regulations, unmarried parents must have the opportunity to voluntarily establish paternity by signing a parental acknowledgment document, preferably at the hospital at the time of the child’s birth.

In California, signing a voluntary declaration of paternity is the only way a single father’s name can appear on a child’s birth certificate. If both parents sign this declaration, parental rights are firmly and legally established. If it is not signed at the hospital, it can be done later at a public agency or court. Once signed, the form must be submitted to the California Department of Child Support Services to be valid. This action is crucial in divorce cases as it affects decisions about visitation, custody, and support.

Implications of the Paternity Declaration:

By signing the declaration, each party freely acknowledges being the child’s parent and thus waives certain rights, such as hiring an attorney and participating in a judicial trial to determine paternity afterward. They also lose the ability to request DNA testing to establish biological parentage.

COMMON QUESTIONS AND ANSWERS IN CHILD CUSTODY CASES

What type of custody are you requesting?
Being clear about the type of custody you are requesting is essential for a good legal process and positive results. When seeking sole physical and legal custody of a minor, it is best for their well-being due to specific reasons such as a history of violence, environmental stability, among others.
How is it determined which parent is the best caregiver for the minor?
To define which of the two parents is the best option for the minor, the judge reviews the case evidence, evaluates both parents’ behavior, compares which one has been more involved in the minor’s life, how they have been present, and the financial support they can or have provided for the child’s development. Once it is determined which parent is the best option for the child, legal or physical custody is established, or, in shared cases, visitation schedules are set for the non-custodial parent.
Are you willing to allow visits with the other parent?
The recommended answer for the parent requesting custody is that shared custody is generally best, unless the other parent is a bad example or irresponsible with the child’s care and well-being. Usually, custody with visitation for the non-custodial parent is advised.
How is the visitation schedule arranged or documented?
As attorneys, we seek for both parents to present to the court a visitation schedule convenient for them for the best parenting time. When parents cannot agree, the judge decides according to the case which schedule would be best for the child, always prioritizing the child’s best interest.
Can only the parent being imposed a visitation schedule be represented?
It is often thought that the parent requesting custody and imposing a visitation schedule is the victim, but as attorneys we always analyze the entire case context and seek for the parent being imposed a visitation schedule to have a healthy and enriching parenting time with their children.
Can the minor decide which parent to live with?
In Los Angeles, in a custody case, the court may consider the minor’s preferences regarding which parent they wish to live with, especially if the minor can express their opinions clearly and coherently. However, it is important to note that the final custody decision is based on the child’s best interest, and the minor’s preferences are only one of many factors considered. Other factors include each parent’s relationship with the minor, the environment and stability offered by each home, and each parent’s ability to meet the minor’s emotional, physical, and educational needs. The court evaluates all these aspects before making a final custody decision.
What type of custody are you requesting?
Being clear about the type of custody you are requesting is essential for a good legal process and positive results. When seeking sole physical and legal custody of a minor, it is best for their well-being due to specific reasons such as a history of violence, environmental stability, among others.
How is it determined which parent is the best caregiver for the minor?
To define which of the two parents is the best option for the minor, the judge reviews the case evidence, evaluates both parents’ behavior, compares which one has been more involved in the minor’s life, how they have been present, and the financial support they can or have provided for the child’s development. Once it is determined which parent is the best option for the child, legal or physical custody is established, or, in shared cases, visitation schedules are set for the non-custodial parent.
Are you willing to allow visits with the other parent?
The recommended answer for the parent requesting custody is that shared custody is generally best, unless the other parent is a bad example or irresponsible with the child’s care and well-being. Usually, custody with visitation for the non-custodial parent is advised.
How is the visitation schedule arranged or documented?
As attorneys, we seek for both parents to present to the court a visitation schedule convenient for them for the best parenting time. When parents cannot agree, the judge decides according to the case which schedule would be best for the child, always prioritizing the child’s best interest.
Can only the parent being imposed a visitation schedule be represented?
It is often thought that the parent requesting custody and imposing a visitation schedule is the victim, but as attorneys we always analyze the entire case context and seek for the parent being imposed a visitation schedule to have a healthy and enriching parenting time with their children.
Can the minor decide which parent to live with?
In Los Angeles, in a custody case, the court may consider the minor’s preferences regarding which parent they wish to live with, especially if the minor can express their opinions clearly and coherently. However, it is important to note that the final custody decision is based on the child’s best interest, and the minor’s preferences are only one of many factors considered. Other factors include each parent’s relationship with the minor, the environment and stability offered by each home, and each parent’s ability to meet the minor’s emotional, physical, and educational needs. The court evaluates all these aspects before making a final custody decision.
What happens if one parent disagrees with the court’s decision?
If one parent disagrees with the court’s decision in Los Angeles, California, they have the option to appeal. However, appeals must be based on solid legal grounds, not simply disagreement with the decision. The appeals process involves filing a formal request with an appellate court, where the case is reviewed to determine if there were significant legal errors or injustices in the original process. An appeal is not a new trial but rather a review of the legality and fairness of the process and decision.
How does a custody legal process develop in Los Angeles and how long can it take?
The custody legal process in Los Angeles generally involves filing a petition, followed by mediation and possibly preliminary hearings to discuss temporary issues. If no agreement is reached, the case may go to trial, where evidence and testimony are presented before the judge makes a final decision. The process length can vary depending on the case’s complexity, the parties’ willingness to settle, and other factors, lasting from a few months to several years, especially if there are prolonged disputes or appeals. Working with an experienced family law attorney in Los Angeles can provide guidance and help at every stage of the process.
What evidence will I need to support my custody case?
Options regarding custody and parenting time in Los Angeles include joint custody (where both parents share responsibility for raising the child), sole custody (where one parent has primary responsibility), shared parenting time (where both parents have significant time with the child), supervised parenting time (in cases of safety concerns), and restraining orders (in dangerous situations). The choice depends on the individual situation and the child’s best interest, and it is advisable to discuss the options with a family law attorney in Los Angeles to determine the best solution.
If one parent disagrees with the court’s decision in Los Angeles, California, they have the option to appeal. However, appeals must be based on solid legal grounds, not simply disagreement with the decision. The appeals process involves filing a formal request with an appellate court, where the case is reviewed to determine if there were significant legal errors or injustices in the original process. An appeal is not a new trial but rather a review of the legality and fairness of the process and decision.
How does a custody legal process develop in Los Angeles and how long can it take?
The custody legal process in Los Angeles generally involves filing a petition, followed by mediation and possibly preliminary hearings to discuss temporary issues. If no agreement is reached, the case may go to trial, where evidence and testimony are presented before the judge makes a final decision. The process length can vary depending on the case’s complexity, the parties’ willingness to settle, and other factors, lasting from a few months to several years, especially if there are prolonged disputes or appeals. Working with an experienced family law attorney in Los Angeles can provide guidance and help at every stage of the process.
What evidence will I need to support my custody case?
Options regarding custody and parenting time in Los Angeles include joint custody (where both parents share responsibility for raising the child), sole custody (where one parent has primary responsibility), shared parenting time (where both parents have significant time with the child), supervised parenting time (in cases of safety concerns), and restraining orders (in dangerous situations). The choice depends on the individual situation and the child’s best interest, and it is advisable to discuss the options with a family law attorney in Los Angeles to determine the best solution.

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

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