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Updated Family Code Allows Kids to Have More than Two Legal Parents

Recent changes to the California Family Code allow courts to assign parental rights & responsibilities to more than two legal parents

Child custodyEach year, our legislators make many changes to California’s laws. Some of these changes are minor, while others have far-reaching implications. Starting in 2014, the newly amended Family Code will provide for child custody rights and child support responsibilities to be shared among more than two parents when the circumstances of a case merit such an approach.

An Example of a Claim for Multiple Parents

One possible example of a case in which a child might be considered to have more than two parents would be a child whose biological parents divorced and subsequently married other people. The child would be very likely to form a close bond with their new stepparents. If their biological parent and one of the stepparents also get divorced, and the child is separated from their stepparent, this could have a “devastating psychological and emotional impact” as the legislators put it. To avoid traumatizing the child, a family law court would have to award joint custody to 3 individuals: the biological mother and father and the newly divorced stepparent. This is now possible under the updated law.

Determining Child Custody with Multiple Parents

In cases where more than two people meet the requirements for establishing a claim to parentage under the Uniform Parentage Act, judges are now directed by law to consider awarding custody and visitation rights to any and all parental figures that may qualify. As in the past, judges will continue to consider what is best for the child as their most important criterion for awarding custody. With more have one other person potentially competing for a share of custody rights, it is more important than ever for parents to engage a skilled child custody attorney to help plead their case for custody or visitation.

Calculating Child Support with Multiple Parents

The formula used to complete the California Child Support Calculation remains unchanged in the updated Family Code. However, it will now be possible to split child support obligations three or more ways when a child truly does have three or more adults fulfilling the role of a legal parent. It is important for parents engaged in child support disputes to realize that this possibility exists, as arguing for shared child support from multiple parents can result in a better home environment for the child.

Are You Facing a Tough Family Law Decision?

Our client decision checklist can help

Are You Facing a Tough Family Law Decision?If you are facing a tough family law decision, you need to be sure you are aware of all your options, obligations, and rights. Consulting with an experienced family law attorney like Torrence L. Howell can definitely help, but if you don’t feel ready for this step, you may wish to consult our client decision checklist first. This checklist will help you understand some of the issues that will need to be considered in conjunction with various family law decisions.

Child Custody Issues

Some of the issues that need to be considered in a child custody case include:

  • Type of custody sought (physical and/or legal)
  • Decision-making rights & responsibilities of each parent
  • Access and visitation schedules for parents and grandparents
  • Restrictions on foreign travel
  • Access to school and medical records

Child Support Issues

Some of the issues that need to be considered in a child custody case include:

  • Amount of child support that is needed/appropriate
  • Schedule for making/receiving payments
  • Extra expenses (tuition, summer camp, extracurricular activities, etc.)
  • When the child will be considered emancipated (at a certain age, after college, after marriage, after moving out, etc.)
  • Support for medical expenses or medical insurance coverage
    • Alimony Issues

      Some of the issues that need to be considered in an alimony case include:

      • Amount of alimony that is needed/appropriate
      • Schedule for making/receiving payments
      • Type of alimony (temporary, rehabilitative, transitional, permanent)
      • Duration of alimony

      Divorce Property Distribution Issues

      While there are many issues that need to be considered in a divorce, property distribution is often one of the most contentious. Here are some of the issues that need to be considered when dividing up property and assets:

      • Which assets are shared
      • Valuation of assets (personal and business)
      • How non-cash assets will be distributed
      • How business assets will be handled
      • Which spouse will retain the home and how the other spouse will be compensated
      • A schedule for selling any real estate or other marital property
      • Tax liability associated with the above decisions

      Get Expert Advice

      If you are going through any of the above family law issues, you can get expert advice about your rights, options, and obligations from Torrence L. Howell. He will work hard to ensure that your interests are represented during the family law proceeding, whether it is taking place at trial or in a negotiation. Contact Torrence L. Howell today to schedule your free consultation.

Quality Divorce Attorney in Pomona CA Since 1995

Divorce AttorneyTorrence L Howell has the experience, expertise, and attitude you need to get through a divorce Pomona CA with your rights intact and your interests protected. He can not only advise you regarding your legal rights and responsibilities, but also provide a calm, professional presence to get you through an emotionally tempestuous period in your life. Torrence L Howell has been handling divorce cases since 1995, and you can rely on him to provide expert representation and advice concerning all the issues related to divorce, including property division, child custody and support, family business division, and other topics in family law Pomona CA.

Property Division

Even though California is a community property state, this doesn’t necessarily mean that a divorce in Pomona CA has to result in a 50-50 split of marital assets. Torrence L Howell can review your case and make sure that the assets get divided fairly. He’ll stand up to your spouse’s lawyers and help you protect assets purchased with non-community income like an inheritance. He can also help you untangle your finances in cases where assets like a house or a car were purchased with mingled assets and ensure you are compensated fairly should your spouse get to keep those physical assets.

Child Custody and Support

Torrence L Howell is committed to helping you protect your rights to see your children and to ensure that they have adequate financial support. He can help fight for appropriate child custody and visitation agreements during your divorce Pomona CA. He can also use his expertise in family law Pomona CA later on down the line, to help you petition for modifications to these agreements as your life circumstances change.

Divorce and Family Businesses

In entrepreneurial families, both spouses may feel like they have worked hard to develop the business and have a vested interest in its future. Torrence L Howell has a special expertise in the intersection of business law and family law Pomona CA, and he can help make sure that your divorce proceeding doesn’t destroy your family business. He can help you draft agreements that will ensure that each spouse gets a fair stake in the business, or, if ongoing involvement is not desired, he can work hard to find a solution that will allow for the disinterested party to receive compensation for their share of the business without liquidating assets or crippling the business.

The Law Offices of Torrence L. Howell Specializes In All Matters of Family Law in Upland CA

At the law offices of Torrence L Howell, we can provide expert counsel and representation for just about any issue you may encounter related to family law in Upland CA. We’ve seen it all before, so matter how strange and dysfunctional you think your family situation is, we won’t be shocked. Instead, we will help you move forward in a calm and professional manner. With our help, you can use the protections of the law to make sure that you and your kids are taken care of properly as you work through your family issues. Here’s a sampling of the types of family law cases we handle.

Divorce Cases: We can make sure that your interests are protected during your contested or uncontested divorce proceedings. Our services include filing the actual divorce papers on your behalf, as well as assisting with child support agreements, child custody agreements, spousal support agreements, restraining orders, and equitable division of marital assets as needed.

Child Custody Cases: We can help parents draft custody agreements that always keep the child’s best interests top of mind. If you’re dealing with an unfit parent, we can help you secure sole custody and arrange for supervised visitation rights if appropriate. If you were previously deemed unfit, we can help you prove that you’ve cleaned up your act and convince a judge to grant you increased visitation rights.

Child Support and Alimony Cases: After divorce, a spouse who was not working may find themselves without the ability to support themselves or their kids. The law offices of Torrence L Howell can help families arrive at agreements that are fair to all parties and adequately provide for the care and support of any children. We can help with permanent, transitional, rehabilitative, or temporary alimony, as well as with child support agreements and child support modifications.

Domestic Violence Cases: Over our many years practicing family law in Upland CA, we’ve seen both sides of domestic violence cases. We can help abused spouses get the restraining orders and other protections they need, but we can also help expose false accusations of abuse to ensure that no one’s rights are trampled by being unfairly saddled with a reputation as an abuser.

Property Rights: California is a community property state, but this doesn’t necessarily mean that all assets should be split 50-50 during a divorce. As experts in family law in Upland CA, we can help you figure out which assets rightfully belong to which spouse and ensure a fair division of marital property under state law.

Child Support Services in Rancho Cucamonga, CA

If you are not married to or living with your child’s mother or father, you will probably need assistance with child support services in Rancho Cucamonga CA at some point. It is simply not wise to let the other parent always take the lead when it comes to filing for, modifying, or ending child support, because you risk not having your own interests properly represented in the agreements. Fortunately, you can turn to the law offices of Torrence L Howell for help.

Filing for Child Support

While child support agreements are most frequently associated with divorce cases, there are many other situations in which it is a very good idea to get the responsibilities of both parents in writing. Parents who remain married but live apart as well as parents who were never married may need help determining how much each parent should contribute to the financial support of the child. By hiring an attorney for help with child support services in Rancho Cucamonga CA, you can make sure that your child support agreement is fair based on the income and obligations of each parent.

Child Support Modifications

As parents’ lives change over the years, child support agreements may need modifications. This is another area where it will be very useful to have an attorney on your side. Whether you are the parent requesting the change or the one responding to the request, an attorney can help make sure the end result is a child support agreement that remains fair to all parties, including the child. Child support modifications may be required when the child’s medical or educations expenses change, or when one of the parents experiences a change in income or employment.

Ending Child Support

In most cases, child support agreements are simply allowed to expire when the child turns 19 or graduates from high school. However, this may not be appropriate for your unique family situation. In cases where a disabled child requires lifelong support, or a custodial parent’s income increases so dramatically that support for a young child is no longer needed, an attorney can provide child support services in Rancho Cucamonga CA that will enable you to make the necessary adjustments and override the default end date of the agreement.

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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

-Anonymous May 23, 2018

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