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Southern California Family Law Attorney Blog

Rapists may be denied child custody rights for children

  • 15
  • August
    2013

When a person is raped, it may be a common opinion that a child resulting from the violent act is unwanted and unwelcome, although the reality may be totally different. Despite the emotional and physical trauma of the violence, many women choose to raise the child rather than have an abortion or give the child up for adoption, and may be faced with a surprising factor when dealing with child custody issues. Although the rapist may be the biological parent, many feel that they should not be allowed to have parental rights regarding any child conceived during the act of rape.

Lawmakers have introduced a new bill in response to the close to 11,000 women every year who fight to keep parental rights from rapists. The bill would allow the survivors to keep full custody of any child that was conceived from a rape.

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Number of single fathers raising children growing quickly

  • 16
  • July
    2013

As the economy stagnates and recovers, and society changes what is viewed as a traditional family, the dynamic of families in California and throughout the rest of the country may change. Traditionally, most single parents were women, and women stayed home to care for their children and keep the home while the husband was working and supporting the family financially. Changes in the demographic of the American family may be responsible for increasing the number of single fathers who have child custody of their children after a divorce.

The Pew Research Center has recently seen several significant changes regarding the presence of fathers in single homes and caring for their children. Not only is the number of single dads growing, but also homes with single dads are more likely to have a partner present in the home.

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California love story fuels discussion of parental rights bill

  • 5
  • July
    2013

In situations where a woman cannot conceive, or is in a relationship with another woman, she may choose to use a sperm donor to become pregnant. At the time of the procedure, she may not be thinking of the future and a time when the father may decide he wants to assert his parental rights and obtain some sort of visitation or custody, but a recent court case involving a famous Hollywood couple has recently brought the issue to the state Capitol.

The couple was involved in a relationship when the little boy was conceived, although their stories differ on how they planned to raise him. According to the mother, she planned to raise the boy on her own, while the father’s representative claims he wanted to be involved in the parenting process. The child was conceived through a medical procedure using the father’s sperm.

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Toddler at center of custody case between grandparents and father

  • 26
  • June
    2013

In California, it is against the law for an adult to have sex with a minor, whether the contact is consensual or not. If a child is conceived during the act, it may be necessary for the grandparents of the child to step up and care for the baby, especially in situations where the adult father is charged with the crime and the mother is young herself. If the parties involved are not able to resolve the issue of child custody on their own and in an amicable way, a judge may be forced to do it for them.

A soldier on leave was discharged from the military under less than ideal circumstances after he impregnated a 14-year-old girl. Although he was tried through a military court and acquitted, the maternal grandparents of the baby want his rights terminated and do not want him to have visitation with the child.

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Parenting program teaches California detainees how to be fathers

  • 19
  • June
    2013

Teen pregnancy rates are high throughout the country, and it is an unfortunate fact that a person who has a baby in their teens is also likely to participate in other activities that are not legal. If the baby’s father is in juvenile detention, he is not likely to get child custody, nor is he able to care for the baby while he is incarcerated. Rather than assuming that the child and the father will be unable to have a relationship, some California detention centers are focusing on fixing the problem.

In correctional facilities in California and Ohio, young fathers are given a chance to meet with their children and girlfriends regularly through the Baby Elmo Program. Although the visits at first appear to counselors to be more about seeing the girlfriend, they also notice a change in the young men after several visits, as the focus shifts to the child and what they need.

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