Changes in California Family Laws

State laws are constantly changing and family law is no exception. 2013 brought some changes to California legal codes which govern family law issues such as child custody and spousal support. In a change made to California Family Code Section 3011, courts will now consider the abuse of prescription medicines as well as substance abuse of alcohol and / or illegal street drugs when deciding child custody cases. In section (d) of 3011, the law now states: "the habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent" will be considered by courts when determining the best interests of a child in a custody case. Where allegations of illegal or prescription drug or alcohol abuse are made, the court may ask for written evidence of such abuse from others, such as law enforcement, probation officers, medical facilities, social services agencies, and more before making its decision.

In another change, California Family Code Section 3040 (b) now makes the immigration status of a parent irrelevant in California child custody cases. The law states: "the immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody." This change applies in cases that have determined the custody to be in the best interests of the child by the family court.

Divorce Attorney in Roseville, California

Child custody and visitation, marital property division, and spousal support are some of the issues that must be resolved in a California divorce. These issues may be subject to changes in the law, as seen above. If you are contemplating a divorce or are presently involved in a dispute over any of these issues, you should have access to the latest legislative changes and case law that affects you. That is why it is important to bring your issue to a competent divorce and family law attorney working in the courts in your local area.

For those in and around Roseville, the Law Offices of Frank F. Ali provides capable and dedicated legal counsel in all family law issues, from both contested and uncontested divorce to paternity, parental alienation, custody and visitation, child and spousal support, post-divorce modification, enforcement of court orders, domestic violence, and more. Mr. Ali has handled innumerable cases as a family law practitioner and knows how important these issues are to the parties involved. Your family's future as well as your financial scene can be greatly impacted by how family law determinations are made, which is why you will want the professional guidance and representation from this firm. Contact the law offices to schedule a consultation about your case today.