Monthly Archives: July 2024

Domestic Violence and Parenting Plan Modifications
California Divorce, Child Custody, Domestic Violence, Mediation, Restraining Order, Termination of Parental Rights

Domestic Violence and Parenting Plan Modifications

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

  • Custody agreements
  • Visitation schedules
  • Sharing costs for the child’s care
  • Arrangements for holidays and school breaks
  • Exchange arrangements
  • Phone and video contact with the children
  • Communication between parents
  • Authority for making decisions for the child
  • Religious matters
  • More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

  • Keeping your living arrangements private and secure
  • Having a neutral third party exchange the child between parents
  • Exchanging the children in a public place in full view of security cameras or guards
  • Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
  • Using an app for all communications so there is documentation
  • Keeping travel plans and daily activities private
  • Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

CA Gun Restraining Orders
Domestic Violence, Restraining Order, Restraining Order

CA Gun Restraining Orders

The Golden State has some of the toughest gun laws in the United States to protect its citizens from domestic violence and firearm crimes. CA Gun Restraining Orders were approved in 2016 by the state legislature so “family members, household members, some employers, colleagues, teachers, and law enforcement can take action to prevent a person who poses a significant risk of harming themselves or others from having or purchasing a gun, ammunition, or magazine for a specified length of time, between 21 days and five years.”

When would you need a Gun Violence Restraining Order (GVRO), and what protections does it provide? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

California Domestic Violence and Firearm Restrictions

California law prohibits anyone from buying or owning firearms for 10 years after a violent misdemeanor conviction, including stalking, assault, and battery, no matter the victim’s relationship to the offender. Newer legislation now provides a lifetime firearms ban on anyone convicted of willfully inflicting corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, or dating partner or against the mother or father of the offender’s child after January 1, 2019.

California law also prohibits anyone subject to several types of court orders from buying, receiving, owning, or attempting to buy a firearm or ammunition while the order is in force. This includes domestic violence restraining orders, civil harassment orders, workplace violence restraining orders, and more.

California also prohibits people who are subjects of domestic violence restraining orders from owning or possessing ammunition and certain ghost gun kits and firearm components.

How Do CA Gun Violence Restraining Orders Work?

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” Those in a close relationship with a person facing a crisis and whom they fear is at significant risk of lethal behavior (to themselves or others) may petition the court for a GVRO. This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and may also grant other restraining orders as deemed necessary. A temporary GVRO is good for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any firearms, magazines, or ammunition while the order is in force. A GVRO may be extended by the court.

What a GVRO Does

A GVRO requires that all firearms and ammunition be relinquished by the subject of the order and prohibits the subject of the order from purchasing any guns or ammunition while the order is in effect.

What a GVRO Does Not Do

A GVRO does not affect knives or other non-firearm-type weapons. It does not include an order of protection for anyone. Additional protective orders may be granted by the court if needed.

Get Help with Gun Restraining Orders in California

Relationships can become complicated, and the risks of violence can escalate quickly. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. Contact one of our eight offices across California to schedule a consultation. We can answer your questions about Gun Violence Restraining Orders and other types of restraining orders, offer advice, help you file petitions with the court, and get the help you need now.

 

Top Reasons to Seek CA Child Support Modifications
California Divorce, Child Support, Debt, Disability

Top Reasons to Seek CA Child Support Modifications

Child and spousal support are critical responsibilities after a divorce. As life changes occur, you may need to make formal child support modifications to your original agreement. The Family Court must approve any changes, but it is always best for both parents to present a workable plan to the court. Certified Family Law Specialist Judy L. Burger examines why you may need to seek child support modifications in California.

Income Changes

Any changes in your income of 20% or more warrant examination for a possible change in your child support amount. This includes:

  • Increases: Increases may raise your payments.
  • Decreases: Decreases may reduce your payments depending on the nature of the decrease.
  • Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
  • Self-employment: This type of employment can fluctuate, requiring adjustment or some other modification.
  • Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Never assume that changes to your child support payments can be made on your own when things change. All changes must be agreed upon by both parents and approved by the court. CA Family Law Attorney Judy Burger can help you navigate this process to ensure your child’s best interests are met.

Custody Changes

Custody agreements can change and reflect a need to modify child support arrangements. The time a child spends with each parent is a primary consideration. Common reasons for a change in custody include:

In most cases, the non-custodial parent pays child support to the custodial parent. If the custodial parent changes, this likely means a change in the amount of child support. The child’s needs and the new custody arrangements must be reviewed to create a workable agreement. Typically, the custodial parent spends more time with the child and contributes more to their care.

Changes in the Child’s Needs

Children grow and change, and this creates new and different needs. The most common changes in the child’s needs that demand support modifications include:

  • Education: As children age, they can require more resources for their education, such as school supplies, activity fees, or college tuition.
  • Living expenses: As children age, their tastes and needs change, including clothing, food, daily essentials, and incidentals.
  • Medical expenses: Developing medical conditions or treatments not covered by insurance, like wisdom teeth removal and orthodontics, can require extra resources.
  • Extracurricular activities: Children can pursue all forms of sports, music lessons, hobbies, and school clubs that may require additional financial resources.
  • Unpaid child support: If one parent falls behind on child support payments, the court may order a modification to ensure the child is receiving proper care and support.

Parents can agree on how they’ll handle the new payments. However, they still need a judge to sign off on the agreement and ensure it meets the requirements for a child support modification. So, any verbal agreement should be put on paper and certified by a family law judge.

Get Help with CA Child Support Modifications

Every family is unique and has different child support needs. No two support agreements are alike. Working with a seasoned family law attorney is the best way to find solutions to complex support issues that meet your family’s needs while satisfying the family court’s requirements. A lawyer should review any change in your situation to see if it warrants changes.

Certified Family Law Specialist Judy Burger has extensive experience helping families create workable child support agreements and modifications as life changes. She is an effective negotiator and problem-solver who can help you find solutions that fit your family’s needs. Contact one of her offices across California to schedule a consultation today.

 

Is It Time for a New Parenting Plan? custody and visitation
Child Custody, Child Support, Visitation

Is It Time for a New Parenting Plan?

Divorce is often painful and difficult, but parents don’t want to transmit this anguish to their children. Child custody and visitation agreements hammered out in your parenting plan and approved by the court are designed to protect your children and provide what is best for them. However, circumstances can change and require modifications. Is it time for a new parenting plan? Certified Family Law Specialist Judy L. Burger examines when you should consider making some changes.

What Is a Parenting Plan?

A parenting plan outlines how parents will share the responsibilities of raising their children after a divorce or separation. It typically includes details on how much time the children will spend with each parent, how major decisions about the children’s upbringing will be made, and how conflicts or disagreements between the parents will be resolved. The parenting plan is filed with the court and becomes a legally binding agreement.

Reasons to Change Child Custody and Visitation in Your Parenting Plan

Life happens to everyone and adjustments are part of it. Sometimes this means a new patenting plan must be figured out to address new needs, changes, or demands. Here are five signs that it’s time to change your joint parenting plan.

Changes in Your Child’s Needs

Children’s needs change as they age. This could be going to a new school, taking on new extracurricular activities or hobbies, medical needs or health changes, and more. The possibilities are endless and every parent knows that you have to adjust to these new realities. Your parenting plan may need revisions to reflect these new changes and how each parent will accommodate them.

Changes in Your Work or Living Situation

Adults face changes throughout life, too. You or your ex-spouse could move, start a new job, go to college, or start new activities that require adjustments in child custody, support, or visitation arrangements. A CA Family Law Attorney like Judy Burger can help you negotiate the new changes and get them approved by the court.

Changes in a Parent’s Situation

Changes in the other parent’s living situation will also require you to make adjustments. For example, if your ex-spouse remarries, has additional children, moves, or starts a new job in another city, this will impact how you care for your child and meet their needs. These changes can be difficult at times, but a family law specialist knows how to help you make satisfactory changes and keep your own life on track.

Conflict or Tension Between Parents

Co-parents who now lead different lives but share a child and parenting responsibilities can experience conflict or tension. Sometimes your parenting plan must change to improve communication or reduce the stresses on your children. For example, trusted third parties may need to pick up and drop off children to prevent parental conflicts.

Concerns About Your Child’s Safety

Your child’s safety and well-being are your primary concerns. Any threats or concerns about their physical, mental, or emotional stability demand immediate changes to your parenting plan. California Family Lawyer Judy Burger can work with you to modify custody arrangements and visitation plans to address specific concerns. She can also help you obtain ex-parte “emergency” hearings and domestic violence restraining orders if necessary.

Get Help with Child Custody and Visitation Arrangements in Your CA Parenting Plan

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody, visitation, support, and related issues. She can help you work out details of a new parenting plan that reflects recent changes in your parenting situation and file it with the court. Contact one of her eight offices across California to schedule a consultation.