Web Domain Authority the #1 domain authority and page authority booster.

Talkov Law Real Estate & Bankruptcy

Home Talkov Law Real Estate & Bankruptcy

Talkov Law Real Estate & Bankruptcy

Rated: 1.75 / 5 | 1,343 listing views Talkov Law Real Estate & Bankruptcy Web Domain Authority Directory

united-states

 

General Audience

  • 951-888-3300
  • Scott Talkov
  • May 13, 2020 08:45:54 PM

A Little About Us

Real estate, business and bankruptcy law in California. Call for a free consultation. 951-888-3300.

Listing Details

  • Website Language:
  • Website Tags:

Listing Statistics

Add ReviewMe Button

Review Talkov Law Real Estate & Bankruptcy at Web Domain Authority Directory

Add SEO Score Button

My Web Domain Authority Score

Google Adsense™ Share Program

Alexa Web Ranking: 657,981

Alexa Ranking - Talkov Law Real Estate & Bankruptcy

Example Ad for Talkov Law Real Estate & Bankruptcy

This what your Talkov Law Real Estate & Bankruptcy Blog Ad will look like to visitors! Of course you will want to use keywords and ad targeting to get the most out of your ad campaign! So purchase an ad space today before there all gone!

https://www.bloggingfusion.com

.

notice: Total Ad Spaces Available: (2) ad spaces remaining of (2)

Advertise Here?

  • Blog specific ad placement
  • Customize the title link
  • Place a detailed description
  • It appears here within the content
  • Approved within 24 hours!
  • 100% Satisfaction
  • Or 3 months absolutely free;
  • No questions asked!

Subscribe to Talkov Law Real Estate & Bankruptcy

Child Custody for Working Parents in California

Can My Work Schedule Impact Child Custody? Determining what child custody arrangement is best for your family can be difficult. One common issue is child custody for working parents. This can be true whether the work schedule(s) involved are traditional (i.e. Monday-Friday) or non-traditional (i.e. night work or weekend shifts). Can I Lose Child Custody ... Read...

Child Custody Working Parents SchedulesChild Custody Working Parents Schedules

Can My Work Schedule Impact Child Custody?

Determining what child custody arrangement is best for your family can be difficult. One common issue is child custody for working parents. This can be true whether the work schedule(s) involved are traditional (i.e. Monday-Friday) or non-traditional (i.e. night work or weekend shifts).

Can I Lose Child Custody Because of My Work Schedule?

Your child’s best interest, not your line of work, determines custody. The court may indeed consider your work schedule, but it is only one of many factors that are part of a custody decision.

California Family Courts are not in the practice of denying child custody based on when parents work or what they do for a living as long as it does not negatively affect the children. In fact, the courts are generally in favor of protecting any arrangement that allows the child to maintain a relationship with both parents.

Can I Get Custody of My Child Even Though I Work?

In considering the best interests of the child, the court will typically weigh the benefit of consistency and routine for the child with other factors, such as the importance of having a good relationship with each parent and being able to see each parent on a regular basis, even if it is not on the same days each week.

Child Custody for Working Parents Schedules

Can Child Custody Be Arranged Around My Work Schedule?

Children thrive on routine and their schedules should be predictable and consistent. However, that does not mean a parenting schedule cannot be tailored to work around a parent’s work schedule, provided it is in the children’s best interest. The courts recognize the value of parenting time with children and can create a plan that will take into account a parent’s work schedule.

The best approaches will address the specific needs of the family involved. Many options have the potential to work as long as the focus remains on what is best for the child. A child does not need to have the exact same routine in both homes, but maintaining a sense of consistency with their schedule can provide the sense of stability that greatly benefits them.

Child Custody Can be Impacted by a Busy Work Schedule

While a busy work schedule is a great way to help you maintain financial stability and ensure continued professional growth, the unfortunate reality is that family law courts might not view your dedication to work quite so favorably.

There are a variety of factors that come into play when a family law court hands down any decision relating to child custody and visitation. This post examines how the courts assess parents who work a lot or have a very involved professional life.

Flexible Parenting Time for Non-Traditional Work Schedules

Flexibility is necessary to make a parenting time schedule work in a situation where at least one of the parents’ works a non-traditional work schedule. This approach allows both parents to change parenting time based on their work schedule as often as necessary. However, a flexible schedule is not generally appropriate for high-conflict cases.

How Your Work Schedule Can Impact Child Custody in California

Family law courts will always prioritize decisions that are in the best interests of the child. What this means is that they’ll examine factors such as each parent’s ability to provide for the child’s needs, the relationship that the child has with each parent, the environment at each home, and other ways in which a parent is able to fulfill all physical and emotional needs.

This means that an unavailable parent, or one who is always away at work, could be regarded in a negative light that favors a parent who works less and is always “around.”

As a busy and overworked parent, proving that you are able to provide and be available to your child can be an uphill battle in California. That said, if you’re able to effectively demonstrate that your work schedule does not interfere with your parental duties in any way, you can effectively circumvent this issue. Remember, the courts aren’t looking to penalize working parents.

California’s family law procedures are complex and trying to navigate them without help of a California family lawyer can be frustrating. If you have questions about family law procedures, contact our accomplished and dedicated family law, divorce, and child custody lawyers by calling (844) 4-TALKOV (825568) or contact us online for a free consultation with our experienced family law attorney, Colleen Talkov, who can guide you through the court process in a prompt and clear manner.

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


California’s Child Custody Rights for Unmarried Parents [FAQ’s]

Establishing paternity – or determining “who is the father?” – plays a key role in legal issues such as child support. Unfortunately, establishing paternity may be more complicated than it seems. There are numerous issues that determine the child custody rights for unmarried parents and a variety of parenthood circumstances that determine whether a parent ... Read...

Child Custody Rights for Unmarried Parents in CaliforniaChild Custody Rights for Unmarried Parents in California

Establishing paternity – or determining “who is the father?” – plays a key role in legal issues such as child support. Unfortunately, establishing paternity may be more complicated than it seems. There are numerous issues that determine the child custody rights for unmarried parents and a variety of parenthood circumstances that determine whether a parent is required to pay child support.

Sometimes, it is necessary to file a court case to legally determine a child’s father. That court case is called a paternity or parentage action. A paternity case can be brought by either the mother or father.

What Are California’s Child Custody Rights for Unmarried Parents?

It may come as a bit of a surprise to learn that in California, child custody laws differ between married and unmarried parents. If parents are not married, the mother automatically gains custody of any children at birth. This means that when going through a separation from the father of her child(ren), the mother doesn’t need to do anything. She automatically gains custody of the child(ren), both legal and physical.

An unmarried father, on the other hand, does not automatically have the right to custody of the child. This realization is often upsetting for unmarried fathers as they worry about the future of their relationship with their child.

But all is not lost, and fathers can obtain their parental right to custody by establishing paternity.

I Trust My Child’s Mother. Do I Need to Establish Paternity?

Many unmarried parents separate amicably, or were never really in a relationship, and are able to negotiate custody and childcare arrangements without legal assistance. But is this approach advised?

Ultimately, only you can decide what is best for your family. However, there are some important facts that need to be considered. If you are an unmarried father, and custody automatically falls to your child’s mother, you have no legal right to influence decisions about your child’s upbringing. This includes schooling, healthcare, and even location. Unless you have established paternity, this means the mother is basically free to relocate anywhere she decides.

With this in mind, even when the separation is amicable and you’re still able to make decisions as a team, it can still be important to legally establish paternity so that your rights as a father are protected. In these cases, most mothers support the father’s desire to formalize paternity, and may even be open to negotiating a child custody arrangement.

I’m Listed as the Named Father on the Birth Certificate. Isn’t That Enough?

Unfortunately, being named as the child’s father on the birth certificate isn’t enough to establish paternity. Instead, California requires legal proof that you are the biological father. To do this, you can sign a declaration — known as a voluntary declaration of paternity.

This is a straightforward process when both parents cooperate, but what if the mother refuses to discuss custody and visitation rights? In these circumstances, a father will need to seek assistance from the California family courts and may benefit from child custody mediation.

Sometimes, parents decide to sign a voluntary declaration of paternity at the hospital when the child is born. If you did this, you have already established paternity in the eyes of the law and you don’t need to take this extra step now.

Child Custody Rights for Unmarried Parents Paternity California

As a Father, Will I Get Joint Custody Once I Establish Paternity?

Once paternity is established, parents still need to initiate proceedings if they are seeking formal custody or visitation arrangements. Child custody still goes to the mother by default — this doesn’t change without intervention, regardless of paternity status.

Without knowing the full details of your circumstances, it’s impossible to say what the courts will decide. However, it’s worth bearing in mind that when the California family court is faced with a child custody issue in a case, the main focus of the court is the well-being of the child involved.

This means that in the majority of straightforward cases, joint child custody is a likely outcome. Most children benefit from arrangements where both parents play a role, and their health and well-being should always be the primary concern.

However, there are also some circumstances where this might not be the best option. The family court takes a variety of factors into consideration to reach a decision regarding what is in the best interest of the child. These include but aren’t limited to the age of the child and their preferences, the history of their relationship with each parent, and any potential risks posed to the child.

My Child’s Father Refuses to Establish Paternity. As a Mother, Can I Get Financial Support?

The law doesn’t make any assumptions about paternity, even when confirmed by the birth certificate. For this reason, obtaining financial support from the father can be a difficult process without help. If the father of your child refuses to establish paternity, you don’t have any automatic right to receive child support payments.

Even if the father voluntarily pays child support initially or agrees to do so orally, he isn’t legally obliged to do so and may decide to stop paying in the future. For this reason, formalizing the agreement as close to the separation as possible can prevent future issues between you.

If the father doesn’t cooperate, it may be time to seek assistance from the California family courts. If the courts can establish paternity without a signed declaration, they may issue a court order legally requiring the father of your child to provide financial support.

California’s family law procedures are complex and trying to navigate them without help of a California family lawyer can be frustrating. If you have questions about family law procedures, contact our accomplished and dedicated family law, divorce, and child custody lawyers by calling (844) 4-TALKOV (825568) or contact us online for a free consultation with our experienced family law attorney, Colleen Talkov, who can guide you through the court process in a prompt and clear manner.

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


9 Child Custody Hearing Tips, Traps, & Tricks

Navigating a child custody hearing is one of the most intimidating things a parent can go through. Family court judges are often overburdened with an outrageous caseload, and an insufficient court staff, and no matter what decision the family court judge makes, one of the parties is generally unhappy (to put it mildly). With all ... Read...

child custody hearing californiachild custody hearing california

Navigating a child custody hearing is one of the most intimidating things a parent can go through. Family court judges are often overburdened with an outrageous caseload, and an insufficient court staff, and no matter what decision the family court judge makes, one of the parties is generally unhappy (to put it mildly).

With all of this in mind, there a few ways you can avoid being one of those unhappy parties at the end of your child custody hearing.

 

1. File and serve complete and correct documents before your child custody hearing

Don’t assume the judge is able to just look at you and your co-parent and know which is the better parent, who is telling the truth, or more importantly, the facts of your case.

If you don’t provide the court with the facts and evidence to back up what you are telling him or her at your child custody hearing, the judge is left with only your word and the word of the opposing party. Again, the judge knows nothing about either of you or your child.

When you are drafting a Request for Order (RFO), a response, or any other document, include all relevant facts and information as well as any evidence you have to back it up (i.e. text messages, phone records, school records, pay stubs, deeds of title, etc.)

If there is an issue that you are going to bring up at the hearing, it should be in your pleadings so that the court and the other side have notice of it.

Everyone is entitled to notice and an opportunity to be heard on all issues the court is going to be making decisions about. It is not only important to file complete documentation with the court, but provide those documents to the other side ahead of time, and file a Proof of Service so the court knows the other side has received the documents.

If you have not filed a Proof of Service, the judge may not even read your documents because the hearing will likely be continued anyway and judges don’t waste time reading documents for cases that are not going forward.

2. Be respectful to the judge and the other side

Being respectful to the court is more than just adopting a certain tone of voice and refraining from cursing. It also has to do with your demeanor and appearance.

Showing up to court in torn jeans and flip flops tends to show the judge that you don’t respect the court, you don’t take any of this very seriously, and you don’t care about whatever the subject matter of the hearing is (i.e. your property or your child).

Rolling your eyes, scoffing, spinning in your chair, throwing up your hands, and slouching are all likewise disrespectful to the court. If you are in court trying to get more visitation time with your child, for example, this kind of behavior just shows the court you probably shouldn’t have it.

3. Listen to any questions you are asked carefully and only answer the question that is asked

During a child custody hearing, the judge or the opposing attorney or party may ask you questions about your child or your paperwork. Keep your answers succinct and ensure they answer the question you were asked.

“I don’t know” is a perfectly fine answer. If you do not know the answer to a question, it’s ok to say so. Don’t guess, speculate, or try to answer something because you feel like you have to. Because a child custody hearing is ‘on the record,’ you are under oath and everything you say is sworn testimony. You can also say something like, “I don’t know but my best estimate is x.” This allows you to provide an estimate without being held to anything specific.

4. Don’t interrupt the judge or opposing side

Allow the judge, opposing attorney, or opposing party to finish before you speak. Generally at a child custody hearing, the judge will speak first, the moving party (the party who filed the motion) will get to speak next, and then the responding party will have a turn.

Interrupting the judge or the other side is the fastest way to anger a judge. Everyone will have a chance to speak, there is no need to interrupt.

Many pro per litigants end up raising their hand in the air when they want to speak. This is not necessarily advisable, but if you find yourself unable to control your desire to interrupt any longer, raising your hand like a school child is still a preferable alternative to just interrupting.

child custody hearing california tips tricks

5. Stay calm and collected

The judge or opposing counsel may ask questions that seem irrelevant or silly, but try not to appear annoyed by the questions or the process. Don’t be obnoxious or argumentative, even if the other side is making claims you know are false or speaking longer than you feel is fair. Losing your cool in court will only harm your custody case.

6. Listen to your attorney

If you went through the expense and trouble of finding a good child custody attorney, then listen to them when it counts. Let your attorney do the talking and arguing and only speak when the court speaks to you directly.

7. Tell the truth and don’t mislead the court

This one should go without saying, but tell the truth! Nothing ruins a case faster than exaggerating, misrepresenting, or otherwise telling an untruth. Perjury (giving false testimony) is not only a crime but will also likely destroy your case.

This does not necessarily just have to do with telling the judge an outright lie about a fact of the case, it has to do with offering misleading information and inflammatory arguments with no basis in fact (or law).

Many times, parties and attorneys will offer the court a kernel of truth, knowing that the kernel will lead the court to believe an untrue fact, intending to mislead the court.

Alert the court to contra legal authorities. You may get away with failing to do so once or twice, but after that your reputation with the court will be lost – either you didn’t do your homework, or you are trying to mislead the court for your own benefit.

Once a judge gets fixed on the idea that your information is untrustworthy, it will pervade the judge’s opinion of you throughout your case. If you goal is to “win” child custody, for example, your credibility is always important.

If your position in the case or a particular issue is weak, admit it, offer your best argument and facts that support your position, and move on. If you lie, the judge will not forget it, and family law attorneys absolutely love it when the other side lies to the court. We jump on the lie, using it to discredit everything you say and distract from any facts or evidence that is not helpful to our client’s case.

8. Address the judge during your child custody hearing, not the other side

Your child custody hearing is your opportunity to address the court, not your co-parent or their attorney. You could have, and generally should have, spoken with them before the hearing, so don’t waste your time and the court’s time talking to them when you have the judge sitting up there waiting to be addressed.

Don’t lean over to look at the other side, don’t point at the other side, don’t whisper to them, and don’t talk to them during your hearing.

9. Avoid using all-or-nothing language unless the situation warrants

Words like “always” or “never” are too definite and may lead to questioning of your credibility if the claims they support can be proven false. Saying something like “I don’t recall doing x” focuses on the present issue and preserves credibility. However, if your co-parent is accusing you of something extreme like physically abusing your child, responding with “I don’t recall doing x” is actually not appropriate. This kind of extreme allegation lends itself to an extreme response like “I absolutely have never done x.”

Contact a Knowledgeable Child Custody Attorney in California Today

If you have questions about how to prepare for an upcoming child custody hearing, you are not alone! The attorneys at Talkov Law have helped countless clients throughout the family law process. To speak with an experienced child custody attorney at Talkov Law, contact us online or by phone at (844) 4-TALKOV (825568)

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


How to Change A Child Custody Order in California

Raising a child is a marathon, not a sprint. California child custody orders are not set in stone, and oftentimes, a custody arrangement that worked well for a family when a child was 5 years old may not work so well when he or she is 12. This article focuses on how to change a ... Read...

how to change a child custody order in californiahow to change a child custody order in california

Raising a child is a marathon, not a sprint. California child custody orders are not set in stone, and oftentimes, a custody arrangement that worked well for a family when a child was 5 years old may not work so well when he or she is 12. This article focuses on how to change a child custody order in California, whether by agreement, mediation, or court order.

How to Change A Child Custody Order Without Going to Court

If you and your co-parent can reach an agreement on what needs to be modified in the child custody schedule, they are always free to enter into a stipulation which is then signed by a family court judge. This stipulation essentially becomes the new, legally enforceable child custody and visitation order.

how to change a child custody order in california attorney lawyer

Generally, the best way to co-parent a child is for parents to work together to come to an agreement or modify a custody arrangement outside of court. This helps prevent a long, expensive court battle with experienced custody attorneys..

Modifying a custody arrangement without going to court does not simply mean discussing the matter with your co-parent or getting his or her permission to take the child. While you can do this, it is important to realize the oral agreement will not be an enforceable custody modification under California law. Without a judge’s consent to the change, your co-parent could turn around and report you for kidnapping – even if your co-parent orally agreed to the modification.

Protect yourself legally by contacting a reputable family law attorney to have your written agreement entered as a court order.

This option is the easiest and most cost-effective option, and an experienced family law attorney can assist you in negotiating the terms of the new order. Also, an attorney will know how to draft a comprehensive order that leaves no room for confusion and doesn’t leave any loopholes for the other party to exploit.

How to Change A Child Custody Order Through Mediation

Child custody mediation is a popular and effective avenue for parents trying to arrange or change a child custody order in California.

Mediation might be right for your family if you and your co-parent have a history of successfully working together on the terms of your custody case. If you and your co-parent have a high degree of conflict and poor co-parenting and communication skills, mediation might not be as productive. You and your co-parent must be willing to hear each other out and work together to resolve custody issues for the best interest of your child.

How to Change A Child Custody Order in Family Court

If parents cannot agree on modifying a custody order, the parent seeking the modification will need to file a motion, also referred to as a ‘Request for Order‘, with the court to request the change.

If you need to go back to the family court after a custody case was concluded to have the orders changed, you can file a motion (FL-300). You you will also need to attach a persuasive declaration explaining the basis for your request to change a child custody order and the facts that support it. The motion will also need to be properly filed and served on the other parent. California has detailed rules on correct service of process, but a skilled custody attorney can handle this for you.

how to change a child custody order in california modification attorney

Keep in mind that the family court’s main concern is always what is in the best interest of the child, so keep your requests child-centered. There should be a good reason for you to be asking the court to award you more visitation with your child.

Examples of a “significant change in circumstances” which may justify a modification of child custody are:

  • The safety, health, or well-being of the child is at risk (e.g. the child is exposed to domestic violence in one parent’s home)
  • One or both parents have demonstrated an inability to provide for the child’s physical, mental, or emotional needs
  • One or both parents are abusing drugs or alcohol
  • Criminal conviction or incarceration of one of the parents
  • The child is being neglected or abused
  • One or both of the parents have had a substantial change in their work schedules
  • One parent has or wants to relocate, which will interfere with the current custodial arrangement
  • The child has expressed a preference to change custody (if the child is old enough to voice a preference, depending on the child’s age and best interests)

Reasons the Court Can Change A Child Custody Order

Judges really don’t want to see people cycling through the courts on a regular basis asking the judge to change their visitation schedules. Courts are too busy to revisit your custody order every few months, so they expect parents to follow a parenting plan that is approved in in the custody case and make it work. Nevertheless, life goes on and circumstances do change, especially with growing children.

Modifying a court order requires more than mere dissatisfaction with its terms and obligations or a desire to pay less child support. The court will assume that the prior order is reasonable and in the child’s best interests. Judges will consider a modification, but only if you have a compelling reason. In modification proceedings, the goal is to convince the family court that since entry of the prior order, changes have taken place and require a new visitation order.

It is best to consult with a family law attorney before attempting to file a request for order in a family law matter to avoid costly mistakes with significant long-term consequences.

California’s family law procedures are complex and trying to navigate them without help of a California family lawyer can be frustrating. If you have questions about family law procedures, contact our accomplished and dedicated family law, divorce, and child custody lawyers by calling (844) 4-TALKOV (825568) or contact us online for a free consultation with our experienced family law attorney, Colleen Talkov, who can guide you through the court process in a prompt and clear manner.

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


Request for Order [RFO] in California Child Custody Cases

In family law proceedings, a party can request the court intervene on certain issues when an agreement cannot be reached. What is a Request for Order [RFO]? Parents who want an order relating to child custody and visitation must file a request for order (RFO) in order to generate a hearing in California family court. ... Read...

request for order RFO california child custodyrequest for order RFO california child custody

In family law proceedings, a party can request the court intervene on certain issues when an agreement cannot be reached.

What is a Request for Order [RFO]?

Parents who want an order relating to child custody and visitation must file a request for order (RFO) in order to generate a hearing in California family court. A request for order is the family law version of a ‘motion.’

Requesting an Order in CA Family Court

A request for order must be filed using the mandatory Judicial Council Form – FL-300. The form must be completed correctly, with all information being supplied and accurate. RFOs are governed by California Rule of Court, Rule 5.92.

The request for order form is a four-page form that provides the opposing party with notice of what is being sought with the motion, i.e. what orders you are requesting.  The first page of the form provides the other side with the date and time of the hearing.  When the RFO form is filed, the court clerk will fill in the hearing date based on the Court’s availability and calendar.

That form is not all that is needed to prevail in a child custody dispute, however. Generally, a declaration (also referred to as a “statement” or “affidavit”) needs to be attached setting forth the reasons for the request.

request for order RFO CA child custody

RFO Legal Requirements – How to File a Request for Order

The RFO must be fully completed and served on the responding party.

The responding party has a certain number of days to file a response and serve the response on the petitioning party. The response is a Responsive Declaration to Request for Order (FL-320). The response may also request relief related to the issues raised in the RFO.

The court schedules a time for the judge to hear the RFO. Both parties should attend the child custody hearing with their attorneys. The attorneys prepare their clients for the hearing and prepare the evidence to present at the hearing.

Request for Order Child Custody

Remember that except in emergency ex parte situations, RFOs related to child custody require the parties to first attend family court mediation before making their respective arguments to the judge at a hearing on the RFO. In emergency ex parte cases, the court may make orders with very little notice of the RFO to the other side and without the parties having attended mediation; however, emergency ex parte orders in child custody cases are always considered temporary until the parties have had a chance to attend mediation and conduct a subsequent hearing on the issues related to the RFO.

Request for Order Hearing – What to Expect

The judge will have already reviewed the documents submitted by both sides, but may have some questions for the attorneys. This is also when oral argument is presented by both sides in support of his/her position.

If you are considering filing a request for order, keep in mind that just because a party is not familiar with the law or court procedure, does not mean the family law judge will be lenient on those rules and procedures. Simply because the court allows you to represent yourself in a family court hearing, does not mean it is in your best interest.

It is best to consult with a family law attorney before attempting to file a request for order in a family law matter to avoid costly mistakes with significant long-term consequences.

California’s family law procedures are complex and trying to navigate them without help of a California family lawyer can be frustrating. If you have questions about family law procedures, contact our accomplished and dedicated family law, divorce, and child custody lawyers by calling (844) 4-TALKOV (825568) or contact us online for a free consultation with our experienced family law attorney, Colleen Talkov, who can guide you through the court process in a prompt and clear manner.

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


Petition to Determine Parental Relationship – FAQ’s

Getting served with a petition to determine parental relationship can make a parent feel confused and attacked. Technically, if you are listed as the “Respondent” on the petition, you are getting sued! So why is your ex/co-parent suing you and what should you do about it? What is a Petition to Determine Parental Relationship? In ... Read...

petition to determine parental relationship paternity responsepetition to determine parental relationship paternity response

Getting served with a petition to determine parental relationship can make a parent feel confused and attacked. Technically, if you are listed as the “Respondent” on the petition, you are getting sued! So why is your ex/co-parent suing you and what should you do about it?

What is a Petition to Determine Parental Relationship?

In California, parties who share a child together and are not married can file a petition to determine parental relationship (FL-200) in family court in order to commence a court case to get child custody orders and child support orders.

The petition is often referred to as a ‘paternity petition’ because the petition can also be used to legally determine or confirm the father of a minor child when the parents were not married or registered domestic partners at the time of the child’s birth.

Do I Have to Respond to a Petition to Determine Parental Relationship?

As with any other petition or complaint, once the respondent is served with a petition to determine parental relationship, he or she has thirty (30) days to file and serve a response (FL-220). The respondent is never really required to file an answer or response, however, it is NEVER advisable to ignore a lawsuit filed against you.

How Should I Respond to a Petition to Determine Parental Relationship?

If you aren’t sure that you are the parent of the child listed on the petition, then it is imperative that you file a response to the petition requesting that the court determine the child’s parentage. An example of how the response form should be completed in such a situation is shown below:

response to petition to determine parental relationship paternity example

If you are not in agreement with the custody and/or visitation orders requested in the petition, then it is important to properly complete the responsive documents outlining the child custody and visitation orders you want the court to issue.

Remember, the orders requested in the petition and the response are not automatically issued by the court. These documents essentially just reserve each party’s right to seek those orders.

For example, a petition will often contain a request for sole legal and sole physical custody of a child to the petitioner, with visitation to the respondent. An example of what that looks like is shown below:

petition to determine parental relationship custody request example

When a respondent is served with such a petition, he or she often panics and believes the other parent is trying to take the child away. That is not necessarily the case, however. The petitioner may simply be reserving the right to request such orders.

Ultimately, the way you respond to a petition to determine parental relationship can set the tone for your entire paternity and child custody case.

Drafting a response to a petition to determine parental relationship that is as successful as possible requires the insight of an attorney. We highly recommend connecting with an experienced paternity lawyer who has extensive knowledge drafting responses in paternity actions.

Our knowledgeable family law attorney, Colleen Talkov, can also help if you have questions about any of the following:


Link to Category: Lawyers & Firms

Or if you prefer use one of our linkware images? Click here