Protecting Your Children’s Interests in Divorce

Protecting Your Children’s Interests in Divorce

While some aspects of family law have remained relatively stable for decades, others have undergone profound change. One of the biggest changes is a broadening definition of family that encompasses more than just the traditional model (married heterosexual couples with children born during the marriage).

Same-sex marriage, domestic partnerships, unmarried cohabitation, remarriage, surrogacy and other changes have led to more inclusive definitions of family, but our laws have not always kept pace with these important changes — especially those pertaining to children and parents.

I’m attorney Linda D. States, and I understand that for most clients, nothing is more important than the well-being of their children. My practice is dedicated to strong legal advocacy for families and I strive for resolutions that preserve the relationships between parents and their kids.

Child-Related Legal Services

My firm offers advice and representation related to nearly all child law issues, including:

The Basics Of Paternity Cases

When a child is born to married parents, the husband is presumed to be the baby’s father. In the event of divorce, child custody and child support matters would begin with that same presumption.

In cases where a child was born to unmarried parents, paternity is not presumed. To establish paternity, it is necessary for both parents to either sign a voluntary declaration of paternity or for either parent to file a court case under the Uniform Parentage Act.

Establishing paternity is not simply taking a DNA test (although that is sometimes part of it). Rather, it is the process that officially establishes a legally recognized relationship between a father and his child — along with the rights and responsibilities that come with parenthood. It is usually a necessary precursor for men seeking custody and visitation rights and for women seeking child support.

If you need help as a parent on either side of a paternity issue, the Law Office of Linda D. States is ready to represent you and guide you through the process.

Contact Us Today To Discuss Your Case With An Experienced Lawyer

My firm is located in Sacramento and serves clients throughout the area. To schedule an appointment, please fill this online contact form or call me at 916-696-2425.

To read more extensive information about prenuptial agreements, follow the link above.

Postnuptial Agreements

As the name implies, these agreements are drafted and signed after the marriage has begun. But this is not their only unique feature. Indeed, they require a different set of principles than prenuptial agreements.

In order for a postnuptial agreement to be legally sound, it has to provide full financial disclosure and recognize the fiduciary duty created by the marriage. Moreover, the agreement cannot change each party’s overall net worth and allocation unless there is complete and total financial disclosure.

A contract of any type is only valuable if it is enforceable. I know how to work within the parameters of postnuptial agreement rules to create an agreement that can withstand legal scrutiny.

Cohabitation Agreements

Many couples are now choosing cohabitation over marriage. In day-to-day life, there may be few noticeable differences between the two. Both usually involve a long-term relationship, a shared living space and commingled finances.

If and when a married couple gets divorced, they are protected by the divorce laws of California or one of the agreements mentioned above. Unmarried couples have no such protections.

This is why cohabitation agreements are so important. An agreement can clarify the duties and rights of each person in the relationship and set clear expectations. It can also dictate how property and assets should be divided if the relationship ends.

One of the best aspects of a cohabitation agreement is that it is highly customizable. It can be tailored to reflect your unique situation.

Protect Your Future And Your Finances. Call My Firm Today.

With the help of an experienced lawyer, you can look forward to a bright and financially secure future. To get started, call the Law Office of Linda D. States in Sacramento at 916-696-2425. You can also contact me via email.

Contact Me To Discuss Your Case

Based in Sacramento, my solo practice allows me to give each client the personal attention and care they deserve.

To schedule an appointment, call 916-696-2425 or fill out my online contact form.

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