Same-sex couples in California may have adopted children and many may have biological children through assisted reproduction, but when it comes to child custody disputes, they are still subject to discrimination of a certain kind. Many gay or lesbian residents may have been in a heterosexual partnership before publically acknowledging their homosexuality, so they may face child custody disputes from the partner from the previous relationship.
A recent case filed in San Francisco by a divorced couple over custody of frozen embryos may lead to a new law in the state because the issue; so far, has not been addressed legally. Simply put, this is a not a custody dispute for a living, breathing child but for potential children in the form of cryogenically preserved embryos. San Francisco family court now has to decide what happens to these frozen embryos when one divorced spouse wants them destroyed while the other doesn't.
Divorce is stressful for all those involved, especially children. Often, children are forced to let go of one parent and are sometimes required to adjust to a parent's new spouse. Single parents in Oakland may agree that single parenting is difficult and frustrating at times and that it is no less difficult to be a child of a single parent.
Divorce litigation sometimes turns into a bitter courtroom battle, and the family may have to withstand a lot of emotional and financial stress. Therefore, a spouse in California who intends to file for divorce may consider looking at the other options, besides litigation, that offer settlements outside of a courtroom. The court may sanction a divorce, without considering the impact that it may have on the people involved. Therefore, if the issues that lead to the separation can be resolved outside of court, it may save the family from potential financial and emotional stress.
In a divorce case in California, or anywhere else in the United States, children frequently suffer more than anyone. The situation becomes very difficult when the parents get involved in a long, drawn-out battle involving child support and child custody. Many California residents may be aware that there are two types of child custody -- physical custody and legal custody.
Visitors to this website might recall a previous post that discussed the lower costs of collaborative divorce compared with the more traditional contested divorce that must be litigated. The blog post also noted that the high costs of contested divorce keep many couples in unpleasant marriages. This phenomenon is true throughout California and many other states.
Bay Area residents who visited our website may remember a previous post about grandparents' visitation rights under California law. The post discussed the circumstances in which grandparents can file for visitation rights and the factors courts will consider when granting those rights in a child custody case. In this post, we talk about how a grandparent can file a court petition to uphold and exercise those rights.
Any California resident who has gone through a contested divorce knows just how expensive and time consuming that type of divorce can be. A case can easily take more than a year to conclude, and former spouses often find themselves financially and emotionally exhausted, and sometimes embittered by the ordeal.
Divorce can hit children hard. While their parents engage in a war of words, children are often afraid of their future. Seeing their parents fight and left with uncertainty about their future living arrangements, children are often left feeling insecure and worried.
For the majority of American families, including those in California, the idea of going to court can be a somewhat frightening. Courts, however, are the final stop for couples going through divorce. For these couples, the question they must answer is, how will we get to court -- by litigation or by collaboration? When given time to think about it, most couples would prefer to avoid the stress of traditional litigation, particularly if they have minor children. This is where collaborative law can be so useful. It allows a couple to resolve almost every issue and only enter a courtroom to get a final decree.