How is it determined? Child support in California is based on a statewide guideline. The formula by which it is determined is rather complex.

You may recall the landmark Court of Appeal published decision obtained by our firm in 2014 known as Jason P. v. Danielle S. 226 Cal. App. 4th 167. That case created a change to decades old parentage statutes which barred a biological father who provided sperm to a physician for insemination into his unmarried partner from legal parentage status even where the father had a father-son relationship with his child.

The California Family Code provides that if a court makes a finding that a party has "perpetrated domestic violence" against the other party seeking custody of a child, there is a rebuttable presumption that awarding joint or sole legal or physical custody is detrimental to the best interests of the child.

The real question is this: if we are willing not to interfere in the daily lives of those who end up staying in a marriage-happily or not, should we be interfering in the lives of those that choose to divorce?