At Holstrom, Block & Parke, we know how deeply child custody matters affect families. With over 300 years of combined experience, we’ve seen how situations involving custody disputes create ongoing emotional and legal turmoil that throws people’s lives out of balance.

One question we’ve heard over and over is: can a parent take a child out of state without the other parent’s consent? In this article, we’ll break it down, focusing on California laws and how to address these challenges.

Custody Orders and Parental Rights

Custody orders establish a framework for how parents share responsibilities for their child’s upbringing. Understanding these orders is key to determining whether one parent can take a child out of state without consent.

Legal Custody vs. Physical Custody

Legal custody refers to a parent’s authority to make significant decisions about their child’s life, such as education, healthcare, and religious upbringing. Physical custody, on the other hand, determines where the child lives. Custody can be joint, where both parents share responsibilities, or sole, where one parent holds the primary authority.

If you share legal custody, decisions about moving or traveling with the child often require mutual agreement. For parents with sole physical custody, the rules can be more flexible, but be aware that taking a child out of state without prior notice can still cause legal issues.

Violating Custody Orders

Taking a child out of state without consent, even briefly, may violate custody orders. Courts view these actions seriously, as they disrupt the agreement and potentially strain the child’s relationship with the other parent. Violations can lead to legal consequences, including fines or custody modifications.

The Legal Consequences of Taking a Child Out of State Without Consent

Removing a child from California without following proper legal procedures can lead to severe repercussions. These actions can disrupt family dynamics and even result in criminal charges.

Civil Consequences

When a custody order is violated, the offending parent may face civil penalties. Courts can impose fines or modify the existing custody arrangement. For example, if one parent unilaterally removes the child, the court may grant emergency custody to the other parent.

Criminal Consequences

In extreme cases, taking a child out of state without consent can lead to charges like parental kidnapping. It’s true that California law tries to resolve custody disputes civilly, but repeated violations or evidence of malicious intent can escalate the situation to a criminal matter. Courts prioritize the child’s well-being, and any action perceived as harmful can have lasting consequences for the parent at fault.

Impact on Future Custody

Violating custody agreements can significantly affect future legal proceedings. Courts may view the offending parent as untrustworthy, making it harder to obtain favorable rulings in custody modifications or other family law matters.

Exceptions and Justifications

Although taking a child out of state without consent usually violates custody orders, there are situations where exceptions might apply. However, these cases can’t be put off—they often require swift legal action and thorough documentation.

Emergencies

Emergencies, such as a serious medical issue requiring specialized care, may justify taking a child out of state. For instance, if a child needs immediate treatment unavailable locally, a parent may act without prior consent but must notify the other parent and the court as soon as possible.

Pre-Approved Travel Arrangements

Some custody agreements include clauses that allow out-of-state travel under specific conditions. If you plan to travel with your child, it’s crucial to review the custody order and seek written permission from the other parent.

Unfit Parent Situations

If the other parent’s behavior endangers the child’s safety, the custodial parent might feel compelled to act. In these cases, consulting a family law attorney to seek emergency court approval is essential.

What to Do If Your Child Has Been Taken Out of State

Discovering that your child has been taken out of state without your consent can be alarming. Here’s what you should do:

Contact a Family Law Attorney

Act immediately by consulting a family law attorney. They can guide you through the legal remedies available, including filing an emergency custody order or initiating court proceedings to have the child returned.

File for the Child’s Return

You may need to file a motion with the court to enforce custody orders. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), courts can help resolve interstate custody disputes and ensure the child’s safe return.

Emergency Custody Orders

In some situations, you can request an emergency custody order. This legal step is designed to address immediate concerns about the child’s safety and well-being.

Planning for Out-of-State Travel

Proactive planning is the major way to avoid custody disputes over out-of-state travel. Here are some steps to ensure smooth travel arrangements:

Include Travel Provisions in Custody Agreements

Specify the terms for out-of-state travel in your custody agreement. Details such as notification timelines, consent requirements, and emergency contacts can minimize misunderstandings.

Establish Communication Protocols

Set clear expectations for communicating travel plans. This could involve sharing itineraries, providing contact information, or arranging regular updates during the trip.

Obtain Written Consent

Whenever possible, secure written consent from the other parent. A notarized letter outlining the travel details can serve as evidence of agreement and protect against legal disputes.

Facing Child Custody Disputes? Holstrom, Block & Parke Can Help

Child custody matters can feel overwhelming, but you don’t have to face them alone. At Holstrom, Block & Parke, we are committed to helping families resolve custody disputes amicably and protecting their parental rights. If you’re dealing with an issue related to taking a child out of state, let us provide the legal guidance you need.

Contact us today for a telephonic case assessment. Call us today at 855-426-9111 or fill out our online contact form. Let’s work together to secure the best possible outcome for your family.

Military divorces come with their own set of challenges and unique considerations. If you’re going through this process, you may have heard about the “10/10 rule” and wondered how it might impact your case. At Holstrom, Block & Parke, we’ve spent years helping clients understand the ins and outs of military divorces, including how specific rules like this one apply in California.

Let’s break down the 10/10 rule, what it means for you, and how it fits into your military divorce.

What Is the 10/10 Rule?

The 10/10 rule is part of the Uniformed Services Former Spouses’ Protection Act (USFSPA). It determines whether a former spouse can receive a direct payment of military retirement benefits from the Defense Finance and Accounting Service (DFAS).

To meet the requirements of the 10/10 rule:

• The military member must have completed at least 10 years of creditable military service.
• The couple must have been married for at least 10 years.
• Marriage and military service must overlap for those 10 years.

When these conditions are met, the former spouse may receive a portion of the military retirement pay directly from DFAS. This arrangement is often considered a significant benefit since it ensures consistent and reliable payments. For many, this direct payment is a relief compared to the uncertainties of traditional civilian divorce settlements.

Benefits for the Former Spouse

The 10/10 rule offers former spouses several potential benefits. Understanding these can help you see why it’s so important to address this rule during your divorce.

Direct Payment of Military Retirement Pay

One of the most practical benefits is the ability to receive retirement pay directly from DFAS. This eliminates the need to rely on the military member to distribute funds, which can reduce stress and avoid potential disputes. Payments are consistent and processed monthly, providing peace of mind for the recipient.

Continued Access to TRICARE Health Coverage

Under certain circumstances, a former spouse may continue to receive military healthcare benefits through TRICARE. To qualify:

• The marriage must have lasted at least 20 years.
• The military service must have overlapped with the marriage for at least 20 years.

While this falls under the 20/20/20 rule (discussed later), it’s worth noting for those approaching these thresholds.

Commissary and Exchange Privileges

In some cases, former spouses retain access to military commissaries and exchanges, offering discounts on groceries and other goods. However, these benefits typically depend on meeting the 20/20/20 rule, not the 10/10 rule. It’s essential to clarify eligibility during the divorce process.

How Is the 10/10 Rule Applied in a Divorce?

The 10/10 rule isn’t automatic. For it to take effect, specific steps must be taken during the divorce proceedings. Here’s how the process typically works:

1. Incorporating the Rule Into the Divorce Decree
   The divorce decree must clearly state the former spouse’s entitlement to a portion of the military retirement pay. Without this documentation, DFAS cannot process direct payments.
2. California’s Community Property Laws
   California is a community property state, meaning marital assets—including military retirement pay—are typically divided equally. However, the exact percentage the former spouse receives will depend on the specifics of the case and any agreements or court orders.
3. Legal Representation
   Working with an attorney who understands military divorces is crucial. They can ensure the language in the divorce decree is accurate and enforceable, protecting your rights to these benefits.

Common Misconceptions and Pitfalls

Military divorce laws can be confusing, and the 10/10 rule is no exception. Let’s clear up some common misunderstandings:

• Myth: The 10/10 Rule Guarantees 50% of Retirement Pay
  The rule does not dictate a specific percentage. The division is determined by California’s community property laws and the terms of the divorce agreement.
• Myth: The 10 Years of Marriage Must Be Consecutive
  This isn’t true. The marriage and military service must overlap for a total of 10 years, but those years do not have to be consecutive.
• Pitfall: Poorly Worded Divorce Decrees
  If the divorce decree doesn’t explicitly address the former spouse’s entitlement to retirement pay, DFAS won’t process direct payments. This oversight can lead to significant financial headaches.

Jurisdiction

For a California court to have jurisdiction over a military divorce, at least one of the following must apply:

• The service member resides in California.
• The service member is stationed in California.
• The service member consents to the court’s jurisdiction.

Understanding these requirements is critical for ensuring the court’s orders regarding retirement pay and other matters are enforceable.

The 20/20/20 Rule

While the 10/10 rule governs direct payments of retirement benefits, the 20/20/20 rule provides additional protections for long-term spouses of military members. To qualify, the marriage must:

• Last at least 20 years.
• Overlap with 20 years of creditable military service.

Meeting these requirements grants continued access to TRICARE, commissary privileges, and other benefits—a crucial safety net for many former spouses.

Facing a Military Divorce in California? Holstrom, Block & Parke Can Help

Military divorces benefit immensely from a detailed understanding of unique laws and rules like the 10/10 rule. At Holstrom, Block & Parke, we’ve guided countless clients through these processes, always striving to secure the best possible outcomes.

Don’t leave your future to chance. Contact us today for a confidential consultation. Call us at 855-426-9111 or fill out our online contact form to schedule your telephonic case assessment. We’re here to help you protect your rights and move forward with confidence.

Divorce is a major milestone in anyone’s life—it marks both an end and a beginning. While it’s natural to want to move forward, one question we hear time and time again is, “How long should I keep my divorce papers?” The short answer: indefinitely. Proper record-keeping isn’t just about staying organized—it’s about protecting yourself in the years to come.

At Holstrom, Block & Parke, we know family law inside and out. With over 300 years of combined experience and a team dedicated to helping clients through life’s transitions, we’re here to provide guidance on every step of the process, including what to do after the ink dries on your divorce decree.

Let’s break this topic down so you understand why it matters and how to stay prepared.

Types of Divorce Papers to Retain

The first step to staying organized is understanding which documents are worth keeping. Here are the key ones:

Final Decree of Dissolution of Marriage

This is the cornerstone of your divorce paperwork. Your final decree officially ends the marriage and outlines all legal agreements, including custody, support, and property division. Think of it as the ultimate reference for what’s been decided—and what’s enforceable.

Property Settlement Agreement

This document details how assets and debts are divided between you and your ex-spouse. From real estate to retirement accounts, having this agreement handy can save headaches if disputes arise later.

Child Custody and Visitation Orders

If children are involved, custody arrangements and parenting schedules are likely part of your divorce order. Keep these documents accessible to avoid confusion or potential disagreements about the agreed-upon terms.

Child and Spousal Support Orders

Support orders outline how much is paid, to whom, and for how long. These records are critical for both parties, whether you’re the one receiving or paying support.

Other Relevant Documents

• Prenuptial Agreements: If you had a prenup, it’s wise to keep it with your divorce papers.
• Court Orders: Restraining orders or other court-mandated directives are helpful documents to have on hand.
• Marriage License and Certificate: These might be required for future administrative needs.
• Financial Records: Documents like tax returns, property deeds, and bank statements tied to the divorce can be useful for tax filings and other legal or financial matters.

Reasons to Keep Divorce Papers Indefinitely

You may be wondering why these papers matter so much. Do you really need to hold onto these papers forever? Generally, it’s better to do so, and here are some key reasons why:

Legal Disputes and Modifications

Life changes, and with it, circumstances around custody, support, or other agreements. Keeping your paperwork ensures you’re prepared to address modifications or disputes quickly, clearly, and effectively.

Tax Purposes

Divorce impacts your tax filings, particularly in the years following the separation. Documents like property settlements and support orders can be essential for accurate reporting.

Remarriage

If you decide to remarry, proof of your divorce may be required. This is particularly important for legal applications such as marriage licenses.

Estate Planning

Divorce papers can play a role in creating wills, trusts, and other estate documents. They help ensure assets are distributed according to your current wishes.

Other Reasons

• Name Change Documentation: If you reverted to a previous name, you’ll need the divorce decree to update official records.
• Passport Applications: Some countries require proof of divorce for certain travel-related applications.
• Social Security Benefits: If claiming benefits based on a former spouse’s work record, you’ll need your divorce papers.

How Long to Keep Divorce Papers

While California doesn’t mandate a specific timeframe for retaining divorce documents, here are our recommendations based on the huge range of cases we’ve supported:

Hold Onto Them Indefinitely

In most cases, it’s best to keep your divorce papers forever. Life can bring unexpected twists, and having these documents ready can save you time and stress.

Addressing Statutes of Limitations

California has statutes of limitations for certain legal actions, such as modifications to support or custody orders. Keeping your paperwork ensures you have what you need to act within those timeframes.

Safe Storage of Divorce Papers

Once you’ve gathered your documents, the next step is ensuring they’re stored safely. Here’s how:

Physical Copies

• Fireproof Lockbox: Store your originals in a secure, fireproof lockbox at home.
• Safe Deposit Box: For an added layer of security, consider keeping important documents in a bank’s safe deposit box.

Digital Copies

• Backups: Create digital backups of all documents. Save them to multiple locations, such as cloud storage and an external hard drive.
• Easy Access: Organize files in labeled folders so you can quickly find what you need.

Original Documents

While digital copies are convenient, always preserve the original copies of crucial documents like your marriage license and divorce decree. Originals hold the most weight in legal settings.

Facing Divorce in California? Secure Your Future with Holstrom, Block & Parke!

Going through a divorce is very challenging, but knowing what to do afterward can help you move forward with peace of mind. At Holstrom, Block & Parke, we’re here to help you protect your future. From filing the initial paperwork to understanding how long to keep your records, we’re with you every step of the way.

With offices in Corona, Riverside, Temecula Valley, San Diego, Vista, and Newport Beach, we’re just a call away. Schedule a telephonic case assessment today by contacting us online or calling us at 855-426-9111. Let us help you take the next step with confidence.

At Holstrom, Block & Parke, we understand how overwhelming family-related legal challenges can be. With over 300 years of combined experience, our dedicated team of attorneys is here to help you address these issues with confidence and clarity. 

As Certified Family Law Lawyers, we’re committed to offering personalized legal solutions that put your family’s well-being first. Let’s explore the essential roles of a family lawyer and how we can assist you.

Divorce Proceedings

Divorce is never an easy, straightforward decision, and it often involves complex legal challenges coupled with emotional strain. This is where a family lawyer comes in to provide guidance and support every step of the way. Here are some key areas where we can help:

Legal Advice and Guidance

From understanding your rights to ensuring fair treatment, we’ll explain the divorce process in simple terms, so you feel informed and empowered.

Negotiation of Settlements

Dividing property and negotiating spousal support can be contentious. We’ll help you:

• Identify community and separate property under California law.
• Negotiate a fair distribution of assets and debts.
• Establish equitable spousal support arrangements, if needed.

Court Representation

If negotiations fail, we’re prepared to advocate for you in court. Our experience ensures that your voice is heard and your interests are protected.

Mediation and Collaborative Divorce

Not every divorce needs to end in court. Mediation and collaborative divorce are alternatives that promote amicable solutions. These methods can save time, money, and emotional strain while fostering a cooperative approach.

Child Custody and Support

When children are involved, their well-being becomes the top priority. California law considers many factors when determining custody and support, and a family lawyer helps you clarify your rights and responsibilities.

Establishing Custody Orders

Child custody involves both legal custody (decision-making authority) and physical custody (living arrangements). We’ll guide you through creating a custody order that works for your family’s specific situation.

Calculating Child Support Payments

Child support ensures that your children’s financial needs are met. Using California’s guidelines, we’ll help calculate fair payment amounts based on income, custody time, and other factors.

Modifications of Existing Orders

There’s one great constant we all face: life keeps changing. Whether it’s a new job, relocation, or other circumstances, we can assist with modifying custody or support orders to reflect your current situation.

Relocation Cases

If you or your co-parent need to move, we’ll help address the legal implications and work toward a resolution that prioritizes your children’s stability.

Parenting Plans

A detailed parenting plan can prevent disputes and provide structure. We’ll work with you to create a plan that sets clear expectations for custody exchanges, holidays, and decision-making.

Property Division

Dividing property during a divorce can be one of the most challenging aspects of the process. California’s community property laws require a fair division, but that doesn’t always mean a simple 50/50 split.

Identifying Separate and Community Property

We’ll help differentiate between assets acquired during the marriage (community property) and those owned before marriage or received as gifts or inheritances (separate property).

Valuation of Assets

For complex assets such as businesses, retirement accounts, or real estate, accurate valuation is crucial. We work with financial professionals to ensure everything is properly assessed.

Negotiating a Fair Division

Our attorneys are skilled negotiators who prioritize protecting your interests while seeking equitable solutions.

Premarital Agreements

If you have a premarital agreement, we’ll ensure it’s enforced appropriately and protects your rights during property division.

Domestic Violence and Restraining Orders

Domestic violence is a deeply personal and urgent matter. If you or someone you love is in danger, a family lawyer can provide critical legal protection.

Obtaining Restraining Orders

We assist in securing various types of restraining orders, including:

• Emergency Protective Orders: Quickly issued to provide immediate safety.
• Domestic Violence Restraining Orders: Longer-term protection for victims of abuse.

Legal Protection and Safety Planning

Beyond legal orders, we’ll help you develop a plan to stay safe and protect your family for years to come.

Resources for Victims

California offers numerous resources for victims of domestic violence. We’ll connect you with shelters, counseling services, and support groups to assist during this difficult time.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements aren’t just for the wealthy—they’re practical tools for protecting individual and family interests.

Drafting and Reviewing Agreements

We’ll help you create or review these agreements to ensure they meet your goals and comply with California’s legal standards.

Enforcing Legal Validity

An improperly drafted agreement can be challenged in court. We’ll make sure your document is legally sound and enforceable.

Other Family Law Matters

Family law encompasses a wide range of issues that extend far beyond divorce and custody. Our team is equipped to help with:

Adoption

Whether you’re pursuing stepparent adoption or independent adoption, we’ll guide you through the legal process to grow your family.

Paternity Establishment

We assist with paternity cases to ensure parental rights and responsibilities are properly established.

Guardianship

For minors or adults who need care, guardianship provides legal authority to make decisions on their behalf. We’ll help you navigate this process.

Estate Planning

Our family law services extend to estate planning, ensuring your family’s future is secure.

LGBTQ+ Family Matters

We’re proud to support LGBTQ+ families with issues such as parentage, custody, and adoption.

Facing Family Law Challenges in California? Contact Holstrom, Block & Parke Today.

Whether you’re dealing with a divorce, custody dispute, or other family law matters, Holstrom, Block & Parke is here to help. With a commitment to protecting your family’s best interests, we offer personalized legal services tailored to your needs.  Call us at 855-426-9111 or fill out our online contact form to schedule a telephonic case assessment. Let’s work together to find the best path forward.

Marriage abandonment can leave families in emotional turmoil and financial disarray. In California, abandonment is not simply a personal betrayal—it’s a legal issue with serious consequences. Maybe you’re currently facing this overwhelming situation, maybe you just want to understand how the law applies—either way, knowing your rights and options is critical.

At Holstrom, Block & Parke, we know how significant the impact of marriage abandonment can have on your life. With over 300 years of combined family law experience, our team is here to provide guidance and support that meet you where you’re at and account for your unique circumstances. Let’s break down what marriage abandonment means, its legal consequences, and how we can help you protect your future.

What Constitutes Abandonment in a Marriage?

Marriage abandonment, also known as spousal desertion, involves one spouse leaving the marital home with no intention of returning. In California, proving abandonment requires a few specific legal elements:

• Actual Desertion: The spouse physically leaves the marital home without agreement.
• Intent to Desert: The spouse must show a clear intent to end the marriage permanently.
• Lack of Consent: The remaining spouse did not agree to the separation.
• No Justification: The abandoning spouse had no valid reason, such as abuse or self-defense, for leaving.

Examples of Abandonment

• A spouse moves out without discussing separation or divorce.
• One partner refuses to communicate and takes no steps to contribute financially or emotionally to the marriage.
• A spouse leaves with no plan to return and provides no financial support.

If you believe these criteria describe your situation, it’s essential to understand how California law addresses abandonment and what it could mean for you.

Legal Consequences of Marriage Abandonment

Abandonment can profoundly affect various aspects of your life, from divorce proceedings to parental rights. Let’s break down the key legal consequences now.

Criminal Charges

Marriage abandonment in California can lead to criminal penalties under Penal Code 270a if the abandoning spouse leaves their partner in financial distress. For a charge to apply:

• The abandonment must be willful.
• The abandoning spouse had the means to provide support but chose not to.
• The remaining spouse or children were left destitute.

While criminal charges are rare, they show just how serious of responsibilities spouses have under California law.

Divorce Proceedings

Although California is a no-fault divorce state—meaning abandonment is not a ground for divorce—it can still influence court decisions:

• Property Division: California follows community property laws, but abandonment may lead a court to award a larger share of marital assets to the abandoned spouse.
• Spousal Support: When abandonment includes financial neglect, courts may order higher alimony payments to the remaining spouse.

Child-Related Issues

Abandonment doesn’t just affect spouses; it has a major impact on children.

Custody and Visitation

Courts prioritize the child’s best interests. Abandonment can:

• Favor the remaining spouse in custody arrangements.
• Limit or deny visitation rights for the abandoning parent.

Child Support

Abandoning parents are still obligated to provide financial support. In fact, courts may impose stricter support terms to ensure the child’s welfare.

Termination of Parental Rights

Under California Family Code Section 7820, extreme cases of abandonment may lead to the termination of parental rights. This outcome is rare and typically reserved for cases involving prolonged neglect or harm to the child.

Financial Implications

Abandonment typically creates significant financial challenges for the remaining spouse. If you’re worried about your future, understanding your financial rights will help you safeguard your future.

Economic Challenges

If you were financially dependent on your spouse, their sudden absence can leave you scrambling to make ends meet. There are a range of bills to pay, housing costs to cover, and your children need to be provided for.

Property Rights

It’s important to know that leaving the marital home doesn’t inherently strip the abandoning spouse of their property rights. California law treats all marital property as community property, meaning it belongs equally to both spouses. However, abandonment may influence how assets are divided during divorce proceedings.

Emotional Impact

The emotional toll of marriage abandonment cannot be overstated. For the remaining spouse, feelings of betrayal, anger, and sadness are common. Children often experience confusion and anxiety, especially when one parent’s absence disrupts their sense of stability.

Abandonment can also lead to heightened conflict during divorce or custody battles. At Holstrom, Block & Parke, we’re here to provide not only legal guidance but also the reassurance you need during such a challenging time.

Facing Marriage Abandonment? Holstrom, Block & Parke Can Help.

Marriage abandonment can turn your life upside down, but you don’t have to face it alone. At Holstrom, Block & Parke, we’re committed to helping you navigate the legal and emotional challenges ahead. With offices conveniently located throughout California, we’re ready to assist you with compassionate and effective legal representation.

Don’t wait to get the help you need. Contact us today for a telephonic case assessment at 855-827-6639 or fill out our online contact form. Let us help you protect your rights and move forward with confidence.

If you're considering establishing a domestic partnership in California, you might have a lot of questions about the process and what it involves. You're not alone in this journey. Domestic partnerships can be a meaningful way to formalize your relationship and secure legal rights similar to those of marriage. Let’s walk through what it takes to make this happen in California.

What Is a Domestic Partnership?

A domestic partnership is a legally recognized relationship between two individuals who meet specific eligibility criteria. This status grants couples many of the same legal benefits as marriage, such as healthcare decision-making rights and access to family health insurance.

Who’s Eligible for a Domestic Partnership?

To establish a domestic partnership in California, both partners must meet these requirements:

• Be at least 18 years old.
• Not be currently married or in another domestic partnership.
• Not be closely related by blood (similar to marriage restrictions).
• Be capable of consenting to the partnership.
• At least one partner must be a California resident.

If you can check off all these boxes, you’re ready for the next steps!

Step 1: Meeting the Requirements

Before diving into paperwork, ensure you gather the necessary documentation. This includes proof of identity and residency, such as a driver’s license or utility bill. It’s always a good idea to double-check with your local County Clerk's office for any additional requirements.

Step 2: Completing the Declaration of Domestic Partnership

The official process begins with filling out the Declaration of Domestic Partnership form. This document is available on the California Secretary of State’s website. You’ll need to provide basic information about yourself and your partner, including full names, addresses, and signatures.

Step 3: Getting Your Form Notarized

Once the form is complete, both partners need to sign it in front of a notary public. This step ensures the validity of your signatures. Keep in mind, notarization may come with a small fee, so plan accordingly.

Step 4: Filing Your Declaration

Where to File

After notarization, the completed form must be submitted to the appropriate office. You have two options:

• By Mail: Send your form to the California Secretary of State’s office in Sacramento.
• In Person: Visit your local County Clerk's office or one of the Secretary of State's regional offices, such as the one in Los Angeles.

Filing Fees

• Under 62: $33
• 62 or Older: $10
• Special Handling Fee (for in-person filing): $15

Each filing method has its pros and cons. In-person filing typically ensures faster processing but may require scheduling an appointment. Mailing your form is more convenient but might take longer to process.

Step 5: Processing Time

Processing times vary depending on your filing method and current demand. Typically:

• By Mail: Allow 4–6 weeks for processing.
• In Person: Processing can take as little as a few days.

Keep in mind that these are only estimates. Backlogs or unexpected delays can occur, so it’s a good idea to submit your application well in advance if you have a specific timeline in mind.

Step 6: Receiving Your Certificate

Once your application is processed, you’ll receive a Certificate of Registered Domestic Partnership in the mail. This document serves as proof of your partnership and opens the door to the legal rights and responsibilities that come with it.

What Rights Does a Domestic Partnership Provide?

Domestic partnerships grant couples rights such as:

• Hospital visitation and healthcare decision-making authority.
• Joint property ownership rights.
• Access to family health insurance coverage.

These rights can vary, so it’s wise to consult with a family law professional to understand how they apply to your specific situation.

Have Questions About Domestic Partnerships? We Can Help

The process of establishing a domestic partnership might seem straightforward, but there are always unique circumstances and questions that come up along the way. At Holstrom, Block & Parke, APLC, our team is here to guide you every step of the way.

With over 300 years of combined experience, our Certified Family Law Specialists* have helped countless couples formalize their domestic partnerships. Contact us today to schedule a consultation. Let’s make sure your partnership is recognized and protected under California law.

Call us at 855-426-9111 or visit https://hbplaw.com/

Deciding on a trial separation is never easy—it often follows deep conversations and tough emotions. Have you found yourself wondering if this step could provide the clarity you need?

At Holstrom, Block & Parke, APLC, our team of Certified Family Law Specialists brings over 300 years of experience to support families through challenging transitions. This checklist offers essential considerations–from living arrangements to financial responsibilities–to help you navigate your separation effectively. While it’s not legal advice, it’s a helpful starting point for your journey.

What Is Your Goal for the Trial Separation?

Before moving forward, it’s crucial to ask yourself: What do you want to achieve during this time apart?

Trial separations can serve different purposes, such as:

• Gaining individual clarity on your feelings and priorities.
• Improving communication that might have broken down.
• Addressing specific issues like trust, infidelity, or financial disagreements.
• Determining whether reconciliation is possible or whether divorce is the right path.
• Establishing clear boundaries and expectations.
• Maintaining open and honest communication.

Take some time to write down your goals and discuss them with your spouse. Being on the same page about why you're separating and what you both hope to learn is an essential first step.

Legal Considerations During Separation

In California, trial separations don’t automatically carry legal consequences unless you decide to formalize them. However, you should know how your time apart could affect a potential divorce down the line.

Key Legal Points to Know:

• Date of Separation: This is the date when you and your spouse decided to live apart. In California, the "date of separation" can impact property division in a divorce.
• Legal Separation vs. Trial Separation: A legal separation involves filing paperwork with the court and comes with legal protections, while a trial separation is often informal and doesn’t involve the court.

If you're uncertain about any of these aspects, it’s wise to consult an attorney to make sure your rights are protected.

Financial Arrangements During a Trial Separation

Money is often a source of tension in relationships, and it can become even more complicated during a separation. Clear financial boundaries and agreements are essential to avoid unnecessary conflicts.

Ask yourselves:

• How will household expenses be handled during the separation?
• Will you maintain joint accounts, or will you open separate ones?
• What happens to debts that you share?
• Should one spouse pay spousal support temporarily?

Creating a budget can help lay out exactly who will pay for what during this time. It might also be worth consulting a financial advisor to ensure all expenses are accounted for.

Living Arrangements: Where Will Everyone Stay?

Deciding who stays in the family home and who moves out is another significant decision. It can also be one of the hardest. If possible, this decision should be based on practical considerations rather than emotions.

Make a list of your possessions and discuss how to handle items that are particularly valuable or sentimental.

Parenting Plans: Putting the Kids First

If you have children, their needs should take priority during the separation. It’s essential to create a temporary custody and visitation plan that minimizes disruptions to their lives.

Key questions to discuss:

• What will the custody and visitation schedule look like?
• How will you handle decisions about the children’s health, education, and activities?
• How will expenses like child care or extracurricular activities be covered?
• How will you communicate about the children’s needs and well-being?

Keeping a journal to track co-parenting arrangements and any changes can be helpful. Remember, California courts always focus on the “best interests of the child,” so putting your children first can also set the tone for any future decisions.

Communication and Setting Boundaries

Trial separations can be emotionally charged, so clear communication is key to keeping things from spiraling into conflict.

Some couples find it helpful to schedule check-ins to discuss how the separation is going. This can be a chance to assess whether adjustments need to be made to the original plan.

Practical Considerations

Even small details can create big headaches if they’re not addressed. Take time to think about how you’ll manage day-to-day responsibilities and social situations.

Ask yourselves:

• How will household chores, pet care, and other shared responsibilities be divided?
• What will you tell family, friends, and coworkers about the separation?
• How will you handle attending social events, especially if you’re both invited?

Setting clear expectations can prevent miscommunication and make this time less stressful for both of you.

Regular Check-Ins: Reviewing and Reassessing

A trial separation isn’t meant to be indefinite. It’s important to set a timeframe and agree to check in periodically to discuss how things are going.

Think about:

• How long the trial separation will last?
• When you meet to review your progress and discuss the next steps?
• How you’ll decide whether to reconcile, continue the separation, or pursue divorce.

Regular communication and a willingness to adjust the plan can help keep the process constructive.

Facing a Trial Separation? Let Us Help.

At Holstrom, Block & Parke, APLC, we know how overwhelming this time can be. Our team of Certified Family Law Specialists is here to guide you through the legal and emotional challenges of trial separation. Whether you’re looking for clarity on your rights or need help creating a formal agreement, we’re ready to support you.

Contact us today at 855-426-9111 to schedule a consultation. Together, we’ll help you find a path forward that works for you and your family.

When you’re in the middle of a divorce or a separation that involves children, there’s a good chance you’ll hear the term "custodial parent." But what does it really mean to be the custodial parent in California? Let's break it down in a way that keeps things straightforward and easy to understand.

What Is a Custodial Parent?

A custodial parent is the one who has primary physical custody of the child. That means the child lives with this parent most of the time. The custodial parent takes on many day-to-day responsibilities, like making sure the child gets to school, eats well, and stays healthy.

Meanwhile, the other parent, known as the "non-custodial parent," may still have visitation rights and is often involved in making important decisions about the child’s life.

So, if you’re the custodial parent, your child’s home base is with you. That comes with a mix of responsibilities, rights, and sometimes challenges.

Legal vs. Physical Custody: A Quick Comparison

Before discussing custodial responsibilities, it's worth noting that custody in California is divided into two categories: legal custody and physical custody.

1. Legal Custody - This is all about making big decisions for the child, like where they’ll go to school, what kind of healthcare they’ll receive, and their religious upbringing. Both parents can share legal custody, even if one is the custodial parent.
2. Physical Custody - This is where “custodial parent” comes in. Physical custody determines where the child actually lives. The custodial parent, with primary physical custody, provides the main home for the child, while the other parent may have scheduled visitation.

In some cases, both parents may share both legal and physical custody. In others, one parent may have full custody. Every case is unique, and courts focus on what’s best for the child.

Responsibilities of a Custodial Parent

Being a custodial parent is rewarding but comes with a lot on your plate. Some of these responsibilities include:

• Daily Care: Making sure the child is safe, fed, and taken care of every day.
• Routine Decisions: Deciding on smaller matters like what the child wears, their bedtime, and how they spend free time.
• School Involvement: Often, the custodial parent is the one attending parent-teacher conferences, school meetings, and helping with homework.

While the custodial parent handles day-to-day activities, the non-custodial parent may still share decision-making power, especially if there’s joint legal custody.

Rights of a Custodial Parent

Being a custodial parent comes with certain rights, which give you the ability to make decisions and set boundaries when necessary:

• Setting Daily Schedules: As the custodial parent, you manage the child’s daily schedule, including school, activities, and any other commitments.
• Establishing Rules at Home: This includes setting bedtime routines, screen time limits, and house rules.
• Moving with the Child: If a custodial parent wants to move out of California or far enough that it affects the child’s relationship with the other parent, specific steps are involved. The court must review the situation, ensuring that any move serves the child's best interests.

It’s important to note that while the custodial parent handles these day-to-day aspects, they may still need to consult the non-custodial parent on bigger decisions if they share legal custody.

Rights of the Non-Custodial Parent

The non-custodial parent isn’t left out when it comes to rights. California encourages both parents to stay involved in their child’s life whenever possible. Here’s a quick look at what rights the non-custodial parent might have:

• Visitation Rights: Non-custodial parents often have scheduled time to spend with the child. The amount of time depends on what the court decides or what the parents agree on.
• Input on Major Decisions: If the parents share legal custody, the non-custodial parent has a say in significant choices about the child’s life, like schooling and medical care.
• Right to Information: Non-custodial parents have the right to access important information about their child, such as school records, medical records, and any significant updates in the child’s life.

How California Courts Decide Custody

California courts always aim to put the child’s best interests first. In general, courts prefer arrangements that allow both parents to stay active in the child’s life. The main factors they look at include:

• Child’s Age and Health: Younger children might need different living arrangements than older children, especially if they have special medical or emotional needs.
• Each Parent’s Situation: Courts take a close look at each parent’s work schedule, living situation, and relationship with the child.
• Child’s Preferences: In some cases, if the child is mature enough, the court may consider their preferences.

Common Questions About Custodial Parenting

Let’s answer a few questions we often hear from custodial parents:

Can I refuse visitation if my child doesn’t want to go?

No, you can’t deny visitation if it’s court-ordered, even if the child is reluctant. Encouraging the child to spend time with the other parent is important. If issues continue, you can consult the court for guidance.

What if the non-custodial parent doesn’t show up for visitation?

Keep a record of missed visits. Courts appreciate accurate records if you decide to request adjustments to the visitation schedule.

Can I get more child support if I’m the custodial parent?

The amount of child support depends on each parent’s income and the custody arrangement. However, if your financial situation changes, you can request a review to see if the amount should be adjusted.

Support for Custodial Parents at Holstrom, Block & Parke

If you need help clarifying your rights as a custodial parent or have questions about modifying custody arrangements, we’re here to help.

At Holstrom, Block & Parke, A Professional Law Corporation, our attorneys are dedicated to supporting custodial and non-custodial parents alike. With offices across Southern California, we’re here to ensure your parental rights are respected and your child’s well-being is prioritized.

Reach out to us at (855)-426-9111  or visit us online  to discuss your unique situation with a compassionate attorney who understands California family law.

Being an unmarried father in California doesn’t mean you have fewer rights when it comes to your child. However, it’s important to understand that there are legal steps you need to take to ensure your rights are protected.

If you're trying to establish paternity or seek custody, it's important to know where to start, as it can make all the difference.

At Holstrom, Block & Parke, APLC, our team has years of experience working with unmarried fathers to ensure they have a legally enforceable and acknowledged role in their children's lives.

Let’s walk through the key points that every unmarried father should know, starting with the foundation of it all—paternity.

Establishing Paternity: The First Step To Securing Your Rights

Before an unmarried father can claim any legal rights, he must establish paternity. Without legal recognition of paternity, you don’t have the right to seek custody, visitation, or make important decisions for your child.

There are a couple of ways to establish paternity in California:

Voluntary Declaration of Paternity

Voluntary declaration is a straightforward process where both parents agree to sign a form acknowledging the father’s paternity. It’s typically done at the hospital when the child is born, but it can also be done later. Once signed and filed with the state, this form legally establishes paternity without the need for court involvement.

Court Order for Paternity Testing

In some cases, the mother may refuse to acknowledge the father’s paternity, or there may be disputes about who the father is. In these instances, either parent can go to court and request a paternity test.

Usually, this is a genetic (DNA) test that determines the biological father of the child. Once paternity has been confirmed, the court can issue an order officially recognizing the father.

It’s important to know that just having your name on the birth certificate doesn’t automatically grant you legal paternity. You must sign the voluntary declaration or go through the court process to be legally recognized as the father.

If you don’t establish paternity, you won’t have any legal standing to seek custody, visitation, or make decisions for your child.

Custody Rights: Securing a Role in Your Child’s Life

After establishing paternity, unmarried fathers have the same rights as married fathers to seek custody or visitation. However, until paternity is legally recognized, the mother has sole custody of the child.

There are different types of custody arrangements in California:

Legal Custody

Legal custody gives a parent the authority to make decisions about important aspects of the child’s life, like education, healthcare, and general welfare. This arrangement can be shared between parents (joint legal custody) or awarded to one parent (sole legal custody).

Physical Custody

Physical custody determines where the child will live. Similar to legal custody, parents can share in this arrangement (joint physical custody) or it can be awarded primarily to one parent (sole physical custody), with the other parent having visitation rights.

When deciding on custody, California courts focus on what’s in the best interest of the child. The courts consider various factors, such as:

• The age and health of the child
• The ability of each parent to provide a stable and loving home
• The child’s relationship with each parent
• Any history of domestic violence, substance abuse, or neglect

Fathers have just as much of a right to seek custody as mothers..

Child Support: A Shared Responsibility

Both parents are financially responsible for supporting their child, whether they are married or not. Once paternity is established, the court can order child support to ensure that the child’s needs are met.

Child support is calculated based on several factors, including:

• The income of both parents
• The amount of time each parent spends with the child
• Any additional costs, such as healthcare or childcare expenses

Keep in mind that child support is a separate issue from custody or visitation. Even if a father isn’t awarded custody or is denied visitation, he is still obligated to pay child support. Conversely, if the father is the primary custodial parent, the mother may be required to pay child support.

Protecting Your Rights: Be Proactive

As an unmarried father, you need to take proactive steps to protect your rights. One of the most important steps is to get a formal court order for custody and visitation, even if you and the mother have an informal agreement.

Without a formal order, your rights aren’t legally protected, and you may face difficulties if the mother changes her mind or if you want to enforce your visitation rights.

Here are a few tips for unmarried fathers:

Stay involved: Be present and actively involved in your child’s life from the beginning. Courts are more likely to award custody or visitation to fathers who can show a consistent and meaningful relationship with their child.

Document your involvement: Keep a record of your involvement with your child. This can include things like photos, communication logs, and any evidence showing that you’re providing financial support. These records can be helpful if you need to go to court to establish or modify custody arrangements.

The Importance of Legal Guidance

Having the right legal support can make all the difference when it comes to protecting your rights as an unmarried father. A family law attorney can help you establish paternity, negotiate custody and visitation, and ensure that child support calculations are fair.

An attorney can also assist with related matters, such as:

• Modifying existing custody or support orders if circumstances change
• Addressing concerns about parental alienation or relocation
• Protecting your rights in cases involving adoption or step-parent adoption

Protecting Your Rights as an Unmarried Father in California

Navigating paternity, custody, and child support issues as an unmarried father can feel overwhelming, but you don’t have to do it alone. At Holstrom, Block & Parke, APLC, we’re committed to helping you secure your rights and build a strong, lasting relationship with your child.

Contact us today at (855)-426-9111 for a confidential consultation, and let us help you take the right steps to protect your role in your child’s life.