In California, families sometimes endure certain life events that could have damaging effects. These include divorce, child custody arrangements, and when children are at risk. The following are FAQs that a family lawyer in Temecula can answer.
What Are the Requirements to Establish Guardianship of a Minor?
The minor must be at risk to start the process. The petitioner must present evidence of abuse or neglect, and they must report the parent to child protective services so that a home study can be done. A caseworker is assigned to the case to investigate these allegations. If the child is in immediate danger, the petitioner can work with their attorney to acquire temporary custody of the child after the investigation.
When Can a Parent File a Motion to Change Child Custody Arrangements?
The non-custodial parent has the right to file a motion at any time to regain custody of the child. However, they must present evidence showing that the current custodial parent is unfit and unable to provide adequate care for the child. If they have an addiction to drugs or alcohol, evidence must be provided as well. This evidence is vital for the case and will prove that the custodial parent isn’t fulfilling their responsibilities to the child.
What Happens When Domestic Violence Becomes Part of a Divorce Case?
When domestic violence happens during a divorce case, the victim has the right to acquire a protection order to prevent further abuse or injury. The court will prosecute the defendant if they violate this order or fail to follow these requirements defined in the order.
In California, family laws protect families and provide legal avenues to eliminate known risks to children. They also protect children whose parents fail to provide them with necessities. These laws enable family members to step in if the child is at risk. Petitioners who need the assistance of a family lawyer in Temecula should contact the law office of Michelle Penna or click here for more information now.