You may recall the landmark Court of Appeal published decision obtained by our firm in 2014 known as Jason P. v. Danielle S. 226 Cal. App. 4th 167. That case created a change to decades old parentage statutes which barred a biological father who provided sperm to a physician for insemination into his unmarried partner from legal parentage status even where the father had a father-son relationship with his child.
The California Family Code provides that if a court makes a finding that a party has "perpetrated domestic violence" against the other party seeking custody of a child, there is a rebuttable presumption that awarding joint or sole legal or physical custody is detrimental to the best interests of the child.
Given that family circumstances often change -- people remarry, people relocate -- set schedules may have to be adjusted. That said, even with no major changes, no one estranged couple usually stays in step with a regimented plan. As such, the following are my five tips for staying out of skirmishes or all-out fights with your ex so that both of you, and your kids, can enjoy the summer.
When parents engage in custody battles over their children, they do so under the guise that it is in their children's best interest, but is that generally true? Please don't misunderstand, I am not suggesting that parents don't sincerely believe that what they want is in the best interest of their children.