California Family Law Blog

San Jose Family Law Attorney Discusses Grandparent Visitation

Are you a grandparent, and you don’t see your grandkids? Sadly, this happens all too often. Whether its because a parent dies, or the parents have divorced or separated, unfortunately, many grandparents end up not having any relationship with their grandchildren. Here in California, the law does offer you some protection and assistance. If you would like to speak with a San Jose Family Law Attorney about your rights, please call Sagaria Law today at 408.279.2288.

The California Family Code provides that a grandparent may petition the Court for visitation under the following circumstances:
• A parent is deceased. (Family Code 3102)
• A dissolution or other family law proceeding is pending in which child custody is already at issue. (Family Code 3103)
• The parents are not married to one another, including after a divorce. (Family Code 3104(b))
• The parents are married but are living separate and apart on a permanent or indefinite basis. (Family Code 3104(b))

All court ordered visitation is dependent on a finding of the court that visitation is in the child or children’s best interests.

Grandparents petitioning under Section 3103 should be aware that visitation awarded pursuant to this section ends when a judgment dissolving the marriage and awarding child custody is entered. Afterwards, grandparent visitation is governed by Section 3104.

Section 3104 requires the Court find that there is a preexisting bond between the child and the grandparent, and the visitation is in the child’s best interests. The Court must also balance the child’s interest in visitation against the parent’s right to exercise parental authority.

You may be wondering what about parental unfitness. What if my grandchild’s parent is a danger to the child? Or unfit to be a parent? Guardianship proceedings may be appropriate in that instance, or if the child is in danger, juvenile dependency. Generally, parental unfitness is not a significant issue in grandparent visitation, although it can come up.

If you are interested in obtaining visitation with your grandchild(ren), call our office today to set up your free consultation with an experienced San Jose Family Law Attorney. Our attorneys have experience in all types of family law cases, including child custody and divorce matters, as well as grandparent visitation, guardianship and dependency. We offer a free consultation in any of our five Bay Area offices, including Salinas, San Jose, Fremont, Monterey and Redwood City. You can also arrange for your consultation to be via phone if coming in to the office is inconvenient for you. Call today 408.279.2288 to schedule your free appointment.

San Jose Family Law Attorney Discusses Juvenile Dependency:

Juvenile Dependency involves children that have suffered physical or emotional harm, that have been abandoned by their parents or caretaker, or have special and unique problems that the parents or caretakers cannot deal with. Juvenile Dependency also deals with the adoption of children that cannot be returned to their parents, or have been abandoned by their parents. The people with a right to representation in a Juvenile Dependency proceeding are the children, both parents, guardians, caretakers or relatives of the children at issue. If you need advice from a San Jose Family Law Attorney regarding Juvenile Dependency, please call us today 408.279.2288.

Generally, a Juvenile Dependency case starts when there is a report to a social service agency or a law enforcement agency, that a child has been abused, abandoned, neglected or has such special needs that the parent or caretaker is unable to provide care for. An informal investigation takes place and the child may be removed from the home and placed in foster care or with a relative until the matter can be heard in court.

In a Juvenile Dependency matter there are a number of phases and proceedings. They follow in this order:
1. Arraignment and detention
2. Pretrial resolution conference
3. Adjudication
4. Disposition
5. Review hearings
6. Permanent plan
7. Adoption and or guardianship plans

If you have a question related to a Juvenile Dependency matter, call our experienced team of San Jose family law attorneys. We represent children, parents, guardians, relatives, prospective adoptive parents, de facto parents, and foster parents. We have five Bay Area locations, including San Mateo, Redwood City, San Jose, Monterey and Fremont. We offer a free consultation, either in person or over the phone. Call today to schedule your free consultation with an experienced San Jose Family Law Attorney 408.279.2288.

Monterey Divorce Attorney Discusses Community Property Declaration

If you are considering filing for a divorce in California or you have spoken to a Monterey Divorce Attorney, then you probably have some idea how community property laws will affect your property division after a divorce, however, you may not realize how much or your property is considered community property. Anything accumulated during your marriage is considered community property in California unless it was a gift or an inheritance. Anything that is community property must be divided during the divorce and your spouse is entitled to one-half.

Most people realize that community property laws will impact how bank accounts are split and whether a house must be sold but there are other assets that people often overlook. A good example of this is in the case of John Moores and his wife Becky who are going through a very public divorce. Mr. Moores is owner of the baseball team the San Diego Padres and his wife filed a motion with court over access to the owner’s box at the stadium. Of course most couple do not have such expensive items like a luxury box at a professional stadium to worry about but they may have two season tickets to a professional sports team. This is a community property item. Also most people overlook other items like frequent flyer miles and vacation time accrued during marriage.

Any item acquired during marriage in California is presumed to be community property and can be divided in kind, i.e., splitting stock shares, or monetary compensation paid out, receiving one-half of the value of your spouse’s accrued vacation time. As community property assets can be varied it is important to consider all of the possible community property assets that you may be entitled to.

If you are considering a divorce please contact our office to schedule a free consultation at the office nearest you. We have offices in Monterey, Salinas, San Jose, Fremont and Redwood City.

San Jose Family Law Attorney Discusses Adoption for Same Sex Couples:

In March 2007, the Urban Institute and the Williams Institute at the University Of California School Of Law reported that over 65,000 adopted children are being raised by same-sex parents in the United States. The same report estimated more than 14,100 foster children were living with one or more gay or lesbian foster parents. Though denied the right to marry in every state except for Massachusetts and California, more and more same-sex couples are turning to adoption and foster care to form families.

Enduring the time-consuming process of adoption or foster care is difficult enough for heterosexual couples, but gays and lesbians face additional complications.

Eleven states and Washington D.C. either implicitly or explicitly state that sexual orientation cannot legally prevent gays and lesbians from adopting. Three states have laws denying gays and lesbians the right to adopt or to even take in foster children. Though Mississippi allows single gays and lesbians to adopt, it prohibits same-sex couples from adopting. Utah excludes same-sex couples indirectly through a statute barring all unmarried couples from adopting or taking in foster children. Florida is currently the only state that specifically bans “homosexual” individuals from adopting, although the state does allow them to be foster parents.

For prospective gay and lesbian parents, success in adopting from the public child welfare system depends on the state adoption law and the attitude of the agency. For example, in New York and California, gay and lesbian prospective adoptive parents are protected against discrimination. It is illegal for public agencies in those states to reject adoptive parents on the basis of sexual orientation. However, that is not a guarantee that prejudices don't exist. Social workers who are uncomfortable with homosexuality may find the prospective adoptive parents unsuitable for other reasons. Private agencies establish their own criteria for the prospective adoptive parents. Age, religion, fertility status, marital status and sexual orientation all may be agency considerations.

Each state decides independently who can adopt. Since the final decision is made by judges at the county level, the availability of adoption as an option to openly gay and lesbian couples is influenced by the political and social community in which the family lives. The court's decision hinges on the "best interest" of the child, a concept interpreted differently by different judges.

If you are a same-sex couple and have questions about adoption, call our experienced team of family law attorneys. We handle all types of family law cases. We have five Bay Area locations, including San Mateo, Redwood City, San Jose, Monterey, and Fremont. We offer a free consultation, either in person or over the phone. Call today to schedule your free consultation with an experienced San Jose Family Law Attorney.