Los Angeles Child Custody Lawyers

Generally, where you are served with a Paternity Action, it is advisable to do a response. A consultation with the attorney will determine your best option. If you do wish to respond, you may also want temporary orders to be in effect until the Paternity hearing is scheduled. This would mean that you would also file an Order to Show Cause. Your attorney can advise you as to your best options.

If the parents cannot come to an agreement on issues such as custody, visitation and support, then one parent will file a Paternity Action and serve the other parent. If the other parent does not respond, then a ‘default’ hearing will be set with the courts and only the petitioner will appear. The court date will take about 2 months to schedule. If the other parent does respond, then a court appearance will ensue and the judge will make a decision based on the evidence. It could take 4 to 6 months for a contested paternity hearing to take place. continue reading...

If you can get agreements on issues such as custody, visitation and support of children, then you do not have to go to court for these orders. This can be handled by a ‘stipulated judgment’ in which custody, visitation and support are detailed and agreed upon. This document is signed and notarized by both parents and then filed with the court. With a ‘stipulated judgment’ there would not be a need to go to court.

If Spousal Support is still open after a divorce, you can petition the court for spousal support by doing an Order to Show Cause. In this case, the order would be filed and your ex-spouse would be served. If you wish to modify support, you can do so if the original order did not terminate spousal support or state that it’s not modifiable.

The Order to Show Cause is filed with the court and the other parent is served. The other parent has 7 days or 5 business days to respond without an order to shorten time. If a response is not filed, the hearing will proceed with or without the respondent.

Court orders will establish paternity (who the father is) when you are not married. Even if you are living together happily, it is important to file a Paternity Action so that the biological father is established legally. Most people seek legal advice for a Paternity Action once a break up occurs as they may wish child support as well as orders for custody and visitation.

With summer here and kids out of school it’s time to think about your child’s visitation schedule as dictated by your divorce decree.  The necessity of keeping the child happy and creating a good experience is paramount when determining summer visitation times. 

Generally speaking, the courts will award one parent primary physical custody. In some instances, the court awards joint physical custody depending on the age of the child, where both parties reside, the school the child attends and other factors.
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