Articles Posted in Custody and Visitation

percentage childIf you have minor children and are paying or receiving child support, you are probably already aware that the timeshare percentage, or the percent of time that the child/ren are with each parent, plays a role in determining the amount of guideline child support. Once two parents have set a schedule and determined when the child/ren will be with each parent, it would appear that determining a timeshare percentage is a piece of cake. But, while this may be clear in many cases, there are certain situations where the timeshare percentage can become a contested issue that may end up having to be litigated in court.

 

Continue reading

back to schoolIt’s that time again.  Summer is slowly fading, the days are gradually getting shorter, and soon the whole world will be covered by pumpkin flavored something or other.  As fall dawns on the horizon it also means a new school year is approaching.  This exciting time of year presents both challenges and opportunities to divorced parents.  This blog will provide 5 tips for parents for a new school year.

Talk To the Teachers

Teachers spend more time with your kids during the week than you do.  As the Husband of a teacher I know how much she invests in her students and how those same students look to her as their school parent.  Obviously she can never replace either parent, but she can be an amazing resource for parents.

Meet with the teacher and get to know him or her before the school year starts.  Discuss your child’s strength and weaknesses both academically and emotionally.  This not only helps the teacher to prepare for teaching your child, but assists her in understanding how to best reach out to your child.  It is entirely possible that your child may exhibit behaviors at school that you never see at home.  These could be both positive and negative behaviors.  Building the relationship now can help everyone ensure your child’s success during the school year.

Continue reading

Family Law gavelIn family law we spend a good deal of time talking about court orders.  There are orders for child support, orders for spousal support, custody orders, and orders for the payment of attorney fees.  Getting more specific, all of the aforementioned orders can either be interim orders (also called temporary orders) or they can be final orders. The point of this blog is to discuss court orders in a family law context and to provide some basic understanding of how, why, and when they are made.  This is only a basic discussion of orders, a topic that can be very complex.  For this reason, you should speak with a qualified family law attorney about your specific case so you can be certain you fully understand your rights. Continue reading

couple arguingConsanguinity comes from a Latin word “consanguinitas” and meaning “blood relation.” In English is just means your blood relatives.  That would be your mother or father or your children.  There is also what is referred to as “affinity” which in layman’s terms it is the property of being from the same kinship as another person. That is your relatives that are not a blood relation.  Your spouse, your in-laws, your aunt or uncle by marriage are all examples of non-blood relations. In even simpler terms, they both refer to your relatives.

In family law consanguinity and affinity are very important terms when it comes to Domestic Violence Restraining Orders (“DVRO”).  Under California law, in order to obtain a domestic violence the party seeking protection and the party to be restrained must 1) be married or formerly married, 2) in a current or past dating relationship, 3) be current or former cohabitants, 4) be the parents of a child or the child themselves, or 5) be any “other person related by consanguinity or affinity within the second degree.” Family Code §6211.

Continue reading

The OLYMPUS DIGITAL CAMERApsychological evaluation is often the most important document for a parent in a divorce case. Yet the manner in which psychologists create these reports is difficult to understand, even for many family lawyers. In this multi-part series, we will examine psychological evaluations, one of the most important tools the Courts use to determine custody and visitation. In this first part, we will discuss one of the most important questions when it comes to such evaluations: Why should I request one?

Continue reading

divorce-separation-marriage-breakup-split-39483

As a cast member of the Real Housewives of New York, Jules Wainstein is no stranger to drama. Surprisingly though, Jules’ impending divorce from husband Michael Wainstein filed in June has already been deemed the most dramatic divorce in Housewives history. And while it may be the most dramatic divorce the show and its cast have ever seen, Jules’ situation is actually not all that uncommon out here in the REAL, real world.

According to all of the press that the couple has received as of late, it would seem that Jules caught Michael cheating on her with one of her close friends. At that point Michael was prompted to file a petition for divorce after their eight year marriage. Since then, numerous accusations of domestic violence have surfaced, along with recent pictures of police outside the couples’ apartment. Continue reading

grandparents-rights

What happens if you are a grandparent and you would like court ordered visitation rights with your grandchildren in California? In California, under Family Code section 3100, the family court may grant reasonable visitation rights to the grandparent of a minor child.

California can be fairly permissive when it comes to granting orders of visitation between  grandchildren and grandparents. In deciding whether to grant visitation rights to anyone, a court will always place the interests of the child first. For a court to order visitation, a California court will balance the interests of the child against the traditional right of the parents to decide who their children associate with. Continue reading

custody-evaluations

In many high conflict cases, the Court cannot rely solely on the parties and the witnesses selected by the parties to come to an informed conclusion on child custody and visitation. The Court must rely on other professionals to investigate and evaluate the family’s circumstances. A custody evaluation is generally considered to be a matter of right to a noncustodial parent facing a request to move the children out of California. In California, there are generally three ways the Court can appoint evaluators.

Continue reading

summer-vacation-tips

Summer is right around the corner, which means one thing…School is almost out! Thinking of where you and your child want to spend some time soaking up the sun? Before you plan that out of the county or even out of the country vacation, let’s make sure your trip will be smooth sailing by making sure you are complying with all court orders.

First, determine where you are in your case (pre- or post-judgment). Take a look at your most recent order:

Continue reading

divorce-texting-coparenting

Texting is the most widely-used and frequently used app on a smartphone, with 97% of Americans using it at least once a day.  Not impressed…Over 6 billion text messages are sent in the U.S. each day, making it the most common cell phone activity for more than 80% of adults.

Everyone sends text messages.  They are quick, fast, and effective, especially when a full phone call is not necessary. For all of the benefits of texting, there are serious downsides.  Texting is more impersonal than a real phone call.  It is much easier to deliver bad news or to say something in anger via a text than it is in person or on the phone.  Also, you tend to respond quickly and without thinking.  This can have serious consequences.  Continue reading