Monthly Archives: December 2023

joint vs. sole custody
Child Custody

Joint vs. Sole Custody in California

In California, child custody is a significant issue for parents who are separating or getting a divorce. As parents, you want to provide your child with the best possible care and upbringing, but a custody battle can be challenging and emotionally exhausting. There are two types of Custody in California that judges consider when making custody orders.  There is legal custody and physical custody. Legal Custody is the decision-making regarding the health, education and welfare of the child. Physical Custody concerns who the child resides with. This blog post will break down the pros and cons of each type of custody and guide you through filing for custody in California. 

An Overview of Joint and Sole Custody in California

 

In California, joint custody means that both parents are responsible for raising their child. A court can grant joint custody to both parents if they can develop a parenting plan that is in the best interest of their child. On the other hand, sole legal custody means that only one parent has decision making regarding the child’s health education and welfare.  Sole physical custody means  the other parent has visitation rights, but the child lives primarily with one parent.

 

Factors Considered When Deciding on Custody Arrangements

 

The decision to grant joint or sole legal and/or physical custody in California is based on the child’s best interests. The court will consider several factors when deciding on a custody arrangement, including:

 

  • The child’s age, health, and welfare.
  • The relationship between the child and each parent.
  • The ability of each parent to provide a safe and stable environment for the child.
  • The child’s wishes, if the child is of sufficient age and capacity to make an intelligent decision.
  • Any history of domestic violence or substance abuse by either parent.

 

Pros and Cons of Joint Custody

 

One of the advantages of joint custody is that it allows both parents to be involved in their child’s life. The child can maintain a relationship with both parents, and both parents share the responsibility of raising the child.

 

However, joint custody can be challenging if parents cannot agree on important decisions regarding their child’s welfare. If parents have a history of conflict, joint custody can become a source of stress for all parties involved. Additionally, joint physical custody can be difficult to maintain if parents live far apart or have demanding work schedules.

 

 How to File for Joint or Sole Custody in California

 

To file for joint or sole custody in California, you must complete the necessary forms and file them with the court. You must provide the court with a proposed parenting plan that outlines how you and the other parent will share the responsibilities of raising your child. It is wise to hire a California family law attorney to guide you through this process and ensure that your rights and your child’s best interests are protected.

 

What to Expect During a Court Hearing for Custody

 

After filing for custody, you must attend a court hearing. During the hearing, the judge will review your parenting plan and listen to arguments from both sides. The judge will then decide on the custody arrangement that is in the child’s best interest.

 

If you are dealing with a child custody case in California, we can help. Our experienced California family law attorneys at the Law Offices of Judy L. Burger will guide you through the process and fight for your rights. Contact us today to schedule a consultation and get the support you need. 

California restraining order
Uncategorized

How Does a California Restraining Order Affect Your Record?

A restraining order is a legal document that orders one person to stay away from another person. The person seeking protection can apply for a restraining order through the court. It is possible to be on the receiving end of a restraining order even if you have not been convicted of a crime. If you are facing a restraining order in California, you may wonder how it will affect your record and future opportunities. This blog post will outline a California restraining order’s impact on your record and provide strategies to help you remove or modify the order.

 

What is a California Restraining Order, and How Does it Affect Your Record?

 

A California restraining order is a legal order issued by a court that requires someone to stop certain activities. These activities may include stalking, harassment, or abuse. The restraining order can restrict a person from contacting, coming near, or threatening the victim. A restraining order may also order a person to move out of their home or attend counseling.

 

A restraining order is not a criminal conviction but a court order. It will show up on your record and can impact future employment opportunities. Restraining orders can be temporary or permanent and issued on an emergency or non-emergency basis.

 

The Effects of Having a Restraining Order on Your Criminal Record

 

A restraining order is not a criminal charge, but it can negatively impact your criminal record. A California restraining order will appear on your record as a civil restraining order. However, if you violate the order, you can be charged with a crime. Violating the order can lead to misdemeanor or felony charges, depending on the circumstances. It is important to consult with a California restraining order attorney to understand the potential impact on your specific case.

 

Impact of Having a Restraining Order on Future Employment Opportunities

 

Having a restraining order on your record can impact future employment opportunities. It does not necessarily mean you cannot find future employment. However, it may prevent you from getting certain jobs. Employers often conduct background checks to ensure their employees are trustworthy and reliable. A restraining order could be viewed as a red flag and may impact your ability to get hired.

 

Restraining orders can create a negative perception of you and your character. Employers may view you as someone who has committed domestic violence or harassment. However, it is important to remember that having a restraining order on your record does not mean you were convicted of a crime.

 

Strategies to Help You Remove or Modify a Restraining Order in California

 

If you have a California restraining order on your record, you may be wondering if it is possible to remove or modify it. The good news is that it is possible to request a modification or removal of a restraining order. However, it is crucial to have an experienced California restraining order attorney on your side.

 

The process of removing or modifying a restraining order can be complicated. A restraining order can only be removed or modified if the person who requested the order agrees to do so or if circumstances change. It is essential to provide evidence that the modification or removal is necessary in these situations.

 

How to Handle the Impact of Having a Restraining Order on Your Record

 

If you have a restraining order on your record, there are steps you can take to mitigate the potential impact. First, be transparent with your potential employers. Explain the situation and the reasons behind the restraining order to provide context. Being honest about the situation can help explain the circumstances and show maturity.

 

Secondly, it may be wise to seek counseling. Counseling can help you understand the reasons behind the restraining order and work through any challenges you may be experiencing. It can also show potential employers that you are taking steps to improve yourself and better your situation.

 

If you are facing a restraining order, it is crucial to consult with an experienced California restraining order attorney. At the Law Offices of Judy L. Burger, we have experience handling restraining orders, and we will make sure you are represented in the best way possible. Contact us to schedule an appointment. 

pet custody
California Divorce, Pet Custody

What Happens to Your Pet During a California Divorce?

Pets are beloved family members for many people, and divorce can be challenging for everyone involved. This is especially true when it comes to pets. California family law treats pets differently than other marital assets, and it is important to understand the legal implications of separating from your partner when you have a furry friend. This blog post will take a closer look at how California divorce laws treat pets and provide some practical advice on what you can do to ensure your pet’s best interests are always taken into account.

 

An Overview of How California Divorce Laws Treat Pets

 

In California, pets are considered “property” during a divorce. This means that they are subject to the same distribution laws as other assets, such as a car or house. However, there is one essential difference: pets are living beings that require care and attention. Unlike other property items, judges don’t have the authority to divide pets in half if couples can’t agree on what to do with them. Instead, the responsibility falls on the court to decide who will retain custody of the pet after the divorce is final.

 

Property vs. Custody – What’s the Difference for Pets in a Divorce Case

 

As mentioned before, in a divorce case, pets are treated differently than other assets. When determining what happens to a pet, judges don’t award “custody” like they would for children. Instead, they grant “possession.” This means that one party will be authorized to keep the pet, and the other party will not have any legal rights to demand visitation or other input. It is also worth noting that pets are not subject to child support obligations, and judges don’t assess financial payments to the party that retains possession.

 

Understanding the Role of Pet Agreements in California Divorces

 

Pet agreements are a vital part of any divorce proceeding where pets are involved. These agreements are essentially legal documents laying out arrangements for the care and custody of pets during and after the divorce is final. A couple can use pet agreements to help avoid pet disputes and provide guidelines for responsibilities like taking pets to the vet and feeding them. California courts will typically enforce pet agreements, so it’s essential to ensure you create one that is in your pet’s best interests.

 

Factors Used to Determine the Best Interests of Your Pet During a Divorce

 

When determining your pet’s best interests during a divorce, a court considers several factors. Some of the things that judges consider include but are not limited to, who has been the pet’s primary caregiver, the emotional attachment of each party to the animal, and the stability of the pet’s living environment. Judges may also look at whether either party has a history of animal cruelty or neglect. When discussing your pet’s future during the divorce proceedings, it is essential to highlight these factors.

 

What You Can Do to Secure Your Rights to Your Pet in a Divorce 

 

One of the essential steps you can take to secure your rights to your pet during a divorce is to demonstrate the love, care, and attention you give to your pet. This will help you build a case that can appeal to the court while safeguarding your pet’s welfare. Another thing you can do is document all aspects of your pet’s care in detail, such as veterinary bills, grooming schedules, and the emotional bond between you and your pet. These documents will show the court what is in the pet’s best interest and help the court make a fair decision.

 

Divorce proceedings and pet custody can be a complex process; hence, it is essential to involve a competent California family law attorney and advocate for your interests. At the Law Offices of Judy L. Burger, we specialize in family law, including divorce, child custody, and pet custody. We have successful experiences in handling various divorce and pet custody cases. Our dedicated attorneys are committed to walking with you every step of the way, providing legal guidance, support, and unmatched representation. Contact us to schedule an appointment.