All posts by TRIWriter

What Happens If One Party Wants to Keep the Family Residence?
Property Division, California Divorce, Mediation, Property Division

What Happens If One Party Wants to Keep the Family Residence?

Separation and divorce present numerous challenges to both parties. One of the most complex and emotional issues is dividing property. When both spouses have an attachment to the family home, this debate can become heated and fractional. What if one party wants to keep the family residence after a divorce? Or what if both parties wish to keep it and live in it?

California Family Law Specialist Judy L. Burger is well-experienced in Property Division matters relating to divorce. She can work with various specialists to determine the best course of action and your legal rights. Her team can also represent you in property division hearings and other divorce proceedings in the Family Courts when a family residence is in question.

California Property Division Law

California law follows the doctrine of community property in that any debts or assets owned by a married couple are jointly owned (community property). Therefore, each spouse has an equal interest. In a divorce, community property should then be divided 50/50 between the spouses. However, the family home may or may not be considered community property under state law.

The home may be considered community property if:

  • The home was purchased with earnings from both spouses.
  • Both spouses obtained a mortgage for the home while married.
  • Both spouses contributed earnings to pay the mortgage and/or upkeep of the home.

The family residence may be considered separate property if:

  • One spouse already owned the home before marriage.
  • The home was gifted to one spouse before or during the marriage.
  • Only one spouse provided for the mortgage or upkeep of the home.

However, separate and community property can easily become commingled in a marriage. Over time, a married couple can acquire a community interest in the home through numerous actions and investments.

Conversely, other parties can acquire an interest in the home as well. Any mortgage lender you owe will hold an interest. If you jointly own the home with a third party, such as a family home passed down to one spouse but in another person’s name, this person has an interest and legal rights. You may have also used your home as collateral for a business loan. If so, the business in question may have an interest and rights as well.

So, Who Gets the House?

The question of who gets the family residence in a divorce is never simple. As you see above, numerous factors and scenarios can come into play. Separated or divorcing spouses have some options for settling the question:

  • Agreeing on Separate Property: The couple agrees that the home is the separate property of one spouse. This must be verified by a court order to become official.
  • Negotiating a Living Agreement: The couple can agree on who maintains ownership and lives in the house. However, any joint agreement you reach must be ordered by the court to make it official.
  • Spousal Buyout: One spouse agrees to buy out the community property interest of the other spouse. An independent appraisal is necessary and the court must agree to this arrangement.

If the couple cannot agree, the Family Court will turn to California’s property division laws to make orders. In the case of separate property, the home belongs to the spouse who owns it. When the home is declared community property, the court may order the following solutions:

  • Sell the Home: The family home is sold and the proceeds are divided equally among the parties holding an interest or according to the courts division (if any separate property interest is determined).
  • Buyout: One spouse is allowed to purchase the other’s community property interest and becomes the sole owner of the home.
  • Deferred Sale: If a couple has minor children at home, the couple may remain joint owners but allow the custodial parent to live in the home with the children. This can often make a divorce easier on younger children. After a specified time, the home is sold and the proceeds are divided.

Get Seasoned Representation for CA Property Division

Numerous factors can arise in any property division during a divorce, so you need seasoned legal representation and counsel to protect your interests. Family Law Attorney Judy L. Burger is a skilled negotiator and vigorous defender of your rights. She has the knowledge and experience in family law to handle difficult or complex property settlements on your behalf.

Contact one of our offices throughout California today to get help with difficult property division questions in a divorce.

expenses; child support
Child Support

What Expenses are Considered When Calculating Child Support?

Divorce is a stressful and emotional experience, but add children to the mix, and the process becomes even more complicated. If you have children, the child support agreement is one of the most critical parts of a divorce settlement. Child support is the amount of money one parent pays the other to help cover the expenses of raising their children. The amount of child support paid is based on a calculation that considers various expenses. This blog post will cover some of the different expenses considered when calculating child support in California.

 

Overview of What is Considered When Calculating Child Support

 

When calculating child support, it is important to consider many different expenses. California law requires that both parents contribute to the support of their child, regardless of whether they are married or not. The amount of support is based on a complex formula that considers several factors, including the income of each parent, the number of children, and how much time each parent spends with the child.

 

The Cost of Healthcare and Insurance for the Child

 

One of the expenses typically included in child support calculations is the cost of healthcare and insurance for the child. The child’s health insurance premium is included in the child support calculation.

Education Expenses for the Child

 

Another factor that is considered when calculating child support is the child’s cost of education. This can include tuition fees, school supplies, uniforms, and other educational expenses. These costs are considered an add-on to the child support order.

 

Extracurricular Activities and Their Costs

 

When deciding on the amount of child support, the Court may make an order on who is to pay for the child’s extracurricular activities.  These payments are considered an add-on to the child support order.

 

Calculating Travel Expenses Between Divorcing Parents’ Homes

 

Suppose parents live far apart from each other. In that case, the costs of transporting the child from one location to another for custody exchanges are also considered when calculating child support. The transportation costs are included in the child support calculation.

 

How Are Special Needs Children Supported Financially by Both Parents?

 

For children with special needs, extra expenses are sometimes necessary. These expenses could include extra medical care, counseling, and therapies. The Court may order how these costs are to be paid by the parties.

 

Calculating child support is a complicated process that requires careful consideration of many factors. Contact our California family law attorneys if you are going through a divorce and need help navigating the child support process. At the Law Offices of Judy L. Burger, we are here to help you understand your rights and responsibilities and ensure that you and your children are taken care of. The right legal representation can make all the difference in securing the financial stability of your and your children’s future. Contact us today to get started.

Emergency Child Custody Issues in California
Child Custody, Domestic Violence, Restraining Order, Restraining Order, Termination of Parental Rights

Emergency Child Custody Issues in California

Petitions for changes in child custody agreements can be filed with the court when circumstances change and new arrangements are needed. These requests are scheduled for the next available hearing on the family court’s calendar. However, an ex parte petition can be filed immediately when you encounter emergency child custody issues in California. 

Under California law, Family Code 3064 allows the court to temporarily grant an emergency change in custody without waiting on a full hearing under certain circumstances. This is a short-term solution to protect the safety and welfare of the child while more permanent arrangements are examined. Ex parte orders can influence any final custodial orders issued by the court.

When would such actions be necessary? CA Certified Family Law Specialist Judy L. Burger reviews some possible scenarios when emergency child custody issues can be handled through ex parte hearings. She can explain more and review your situation thoroughly in a confidential consultation at one of our offices.

What Justifies An Emergency Child Custody Petition?

California Family Courts typically allow at least a 15-day notice to involved parties before scheduling a hearing about child custody matters. However, when a true emergency threatens a child’s health and safety, the court can issue immediate orders to prevent harmful actions. Ex parte orders, sometimes called “emergency orders,” may be granted in select situations, including:

  • Child abuse
  • Sexual abuse
  • Neglect
  • Domestic violence
  • A parent’s physical or mental health condition
  • A parent’s arrest for drug use, drunk driving, or another serious crime
  • A sex offender in the home

Your request for an emergency child custody order must include definite evidence that such conditions exist and are a direct threat to the child. Heresy or opinions are not sufficient grounds for the court to immediately remove a child from another parent’s custody. Credible witnesses, photos, videos, text messages, or police reports are solid proof that the child is in danger and emergency orders are necessary to protect the child’s interests.

How Do I Request an Emergency Child Custody Action in CA?

​In addition to demonstrating a clear and imminent danger to the child’s welfare, you must provide several other items of information in your ex parte petition. These include the following:

  • Legal request form
  • Identity and contact information for the other parent and/or their attorneys
  • Current child custody, visitation, and support orders
  • Any previous requests or orders on this or similar matters
  • Reasons why the other parent should not be notified

Remember, you must provide sufficient evidence demonstrating the harm that could be suffered without the requested emergency custody orders. This is also a temporary solution. A formal hearing with both parents may be scheduled for a later date and other orders may be issued as a result.

It is critical that you adhere to California law in all matters relating to your child and custody matters. Emotional reactions to protect your child that violate the law or existing custody orders can complicate your case. Making decisions under stress can place you on the wrong side of the law.

Contact a California Certified Family Law Specialist to Help You Protect Your Children

Consult with CA Family Law Attorney Judy L. Burger immediately if you suspect an emergency custody action is necessary. She can act quickly to file an ex parte hearing petition and the necessary paperwork while helping you gather the required evidence to support your request. As a Certified Family Law Specialist in California, she can help you follow the law and protect your child.

Ms. Burger is not intimidated by difficult or high-conflict custody matters. She firmly believes that children must be protected from abusive, inappropriate, or other dangerous behavior and actions by parents or others. The Law Offices of Judy L. Burger will not rest until your child is safe. We will also work with you to completely resolve this matter in the best interests of your child and family.

Contact one of our eight offices in California today to discuss emergency child custody issues with a Certified Family Law Specialist who is on your side.

vacation
Child Custody, California Divorce

Can You Take Your Child on Vacation After a Divorce?

Divorce is already a stressful and complicated process, and it can be even more challenging to navigate when children are involved. One of the most common questions during a divorce is whether or not you can take your child on vacation. The answer to this question is not always clear-cut, and several factors come into play. This blog post will discuss how to divide vacation time during a divorce and how to successfully and legally take your child on vacation after a divorce.  

 

Understanding How Vacation Time is Divided During a Divorce

 

Vacation time is generally included in the parenting plan that’s decided during the divorce proceedings. This plan typically outlines how vacation time is split between parents and the specific dates each parent is given. Most family courts consider each parent’s work schedule, the child’s school calendar, the distance between the parent’s homes, and many other factors before deciding the vacation schedule. Therefore, reviewing these details carefully is essential.

 

Discussing Vacation Plans With Your Ex-Spouse Beforehand

 

If you have not had a Court make an order regarding vacation time with your children, communicating effectively with your ex-spouse is crucial to ensure your vacation plans align with your parenting plan. Discuss your proposed vacation plans with your ex-partner and make sure they approve them. It’s best to communicate with them about the dates of the vacation, transportation arrangements, the destination, and any other plans or activities you have in mind so that they feel informed and involved. Doing so will help avoid potential conflicts and make the vacation experience more enjoyable for everyone involved.  Agreements made between the parties must be made into a written stipulation and sent to the Court to become a Court order.  If you fail to successfully complete these steps you may have no recourse if the other party refuses to abide by your vacation agreement.  It is always best to engage a family law attorney to prepare the stipulation and ensure the Court has made the agreement into a Court order. 

 

Tips for Planning a Successful Vacation After Your Divorce

 

Planning a successful vacation after a divorce can be challenging. Below are some tips that will help you plan a successful vacation:

 

  1. Choose a location that appeals to your child’s interests and hobbies.
  2. Give your child a sense of control by letting them pick some of the activities or meals.
  3. Keep an open line of communication with your child and listen to their concerns.
  4. Stick to your parenting plan as much as possible.
  5. Create a travel itinerary with your child so they feel involved.

 

Effects of Taking Your Child on Vacation Without Permission from the Other Parent

 

Taking your child on vacation without permission from the other parent can result in legal complications. It could violate the parenting plan, and your ex-partner could go to family court to change the terms of the agreement or hold you in contempt for violating the parenting plan Court order.

 

When to Seek Legal Guidance Regarding Vacations

 

If you’re planning a vacation with your child and have concerns about your ex-partner’s reaction or are unsure about the legality of it, you should seek legal guidance. A family law attorney will review your parenting plan and advise you on planning a vacation that meets the legal requirements without violating the existing agreement.

 

At the Law Offices of Judy L. Burger, our experienced family law attorneys are experts in California divorce and family law and can guide you on family law matters ranging from divorce, child custody, and visitation agreements to domestic violence. We provide personalized attention and advice to our clients and work towards achieving their goals. Contact us today to schedule a consultation, and we’ll gladly assist you in any family law matter.

Common Ways Some Parents Try to Hide from Their Support Obligations
Child Support, Debt

Common Ways Some Parents Try to Hide from Their Child Support Obligations

Child support to ensure the care and well-being of your children is a critical financial obligation. California Family Courts follow uniform guidelines established under state law to calculate a parent’s child support obligation. The court’s child support order is legally binding and avoiding or ignoring it has serious consequences.

Unfortunately, some parents try to avoid this obligation by employing various means to “hide” assets or defraud the system and their children. California Attorney Judy L Burger is a Certified Family Law Specialist who can help you if you suspect a former spouse is trying to hide from their court-appointed support obligations.

Examples of California Child Support Fraud

Providing incorrect information to the family court about your income is child support fraud. For example, a non-custodial parent may try to hide income from various sources and report a lower amount to the court in order to obtain low support payments. Also, a custodial parent may try to hide income to get more money from the other parent.

Here are some common examples of child support fraud:

  1. Underreporting Income: Reporting incorrect income amounts and sources on tax forms and other documents.
  2. Working for Untraceable Cash: Working a job that pays in cash so there is no paper trail to prove the income.
  3. Quitting a Job: Resigning from a job so you have no income to report.
  4. Opening Accounts In a Family Member’s Name: Hiding assets in accounts in someone else’s name so they do not appear in your personal asset list.
  5. Concealing Funds in Cryptocurrencies: Hiding assets in cryptocurrencies to complicate how these assets are tracked or reported.
  6. Transferring Funds to Offshore Accounts: Hiding assets in overseas accounts that are not subject to United States or California reporting obligations.
  7. Shielding Funds Through Shell Companies: Establishing complex legal entities to hide assets and avoid an accurate reporting of your income.

The Law Offices of Judy L. Burger uses sophisticated forensic accounting methods and other investigative techniques to uncover hidden assets and income sources. If you suspect your spouse is employing fraudulent means to escape their child support obligations, contact one of our offices near you to schedule a consultation.

Possible Penalties for Avoiding CA Child Support Obligations

California child support orders are legally enforceable under the law and carry stiff penalties when violated. Those found guilty of ignoring or committing fraud to avoid their support obligations may face several different enforcement actions that can include:

  • Credit bureau reporting
  • Suspension of driver’s license or passport
  • Revocation of professional and occupational licenses
  • Bank and property liens
  • Appropriation of tax refunds
  • Appropriation of lottery winnings
  • Asset seizures
  • Imprisonment (contempt of court is a criminal offense)

The Golden State offers several programs to help if you have legitimate problems meeting your child support obligations. Don’t wait until you get seriously behind in your payments; contact your local child support office immediately to inquire about your options. Attorney Judy Burger can also help you with support modification requests and other legal remedies.

A California Certified Family Law Specialist Can Help You Get What You Deserve

Attempting to hide assets to get higher child support payments from your spouse and hiding assets to prevent paying your fair share are both fraud. CA Family Law Specialist Judy L. Burger fights tenaciously for the care and well-being of innocent children and hurting families. She and her team can help you get the support you deserve from offices throughout California. Ms. Burger can also help you if your circumstances have changed and cause problems meeting your child support payments.

Contact The Law Offices of Judy L. Burger in Beverly Hills, Gold River, San Diego, San Francisco, San Jose, Oxnard, San Rafael, or Santa Barbara to schedule a consultation.

private school tuition
California Divorce

Who Pays for Private School Tuition?

Divorce is a difficult situation for everyone involved, especially children. In addition to the emotional and psychological toll of a divorce, parents also have to deal with practical issues such as child custody, visitation schedules, and child support. One issue that may arise during a divorce is who will be responsible for paying private school tuition for the children. This blog post will explore the legal implications of private school tuition payments during a divorce and provide some tips on how to ensure the children enrolled in private schools continue to receive a quality education.

 

What are the Legal Implications of Private School Tuition Payments After a Divorce?

 

In most divorces, parents split the cost of their child’s education. However, private school tuition can often be contentious, especially if one parent believes it’s unnecessary or unaffordable. In California, the law allows parents to agree on who should pay for private school tuition. However, if the parents can’t agree, it’s up to the court to decide. The court will consider several factors, including the parents’ income, the child’s needs and best interests, and other relevant factors.

 

Exploring Options for Who Pays Tuition

 

In some cases, grandparents, other family members, or even trusts may be able to help pay for private school tuition. However, it’s important to note that the court may not consider these payments as part of the existing child support order unless it’s specifically included in the order.

 

How to Ensure That Children Enrolled in Private Schools Still Receive a Quality Education Despite the Divorce 

 

It’s essential to prioritize the children’s education despite the divorce. One way to ensure they still receive a quality education is to work with their private school and your ex-spouse to establish clear lines of communication. Additionally, it may be helpful to work with a therapist or counselor to address any emotional or psychological issues the children may be experiencing.

 

What Happens if One Parent Stops Paying Tuition After the Divorce is Finalized? 

 

If one parent stops paying their Court ordered portion of the private school tuition, the other parent can take legal action to enforce the child support order. This may include wage garnishments, liens on property, or even jail time. However, it’s important to note that parents should try to work out their issues first.

 

Can Parents Agree on an Alternate Arrangement for Payment of Private School Tuition?

 

Parents can agree on alternate arrangements to pay private school tuition as long as both parties agree. For example, one parent may agree to pay for the children’s private school tuition in exchange for a reduction in other child support payments.

 

How to Make Those Agreements Legal   

 

If you make an agreement with your ex-spouse regarding tuition payments, that agreement must be made into a written stipulation, signed by both parties and sent to the Court to become a Court order. It is best to engage a family law attorney to assist you with preparing the stipulation and ensuring the Court makes it into a Court order. If you fail in any of these steps you may have no recourse against the other party if they fail to make their share of the tuition payment.

How to Negotiate Private School Tuition Payments Without Ending up in Court

 

Divorce is already difficult, and no one wants to end up in court. One way to negotiate private school tuition payments is to work with a family law attorney. A family law attorney can help you understand the legal implications and negotiate the terms of the agreement with the other party or their attorney.

 

If you’re going through a divorce and need help navigating the complex issues surrounding private school tuition payments, we can help. At the Law Offices of Judy L. Burger, we are experienced family law attorneys who can help you understand your legal rights and obligations. We can also help you negotiate with your ex-spouse and ensure your children receive a quality education. Contact us today to schedule a consultation. 

Ex Parte Hearings and Emergency Orders in CA Family Court
Child Custody, Domestic Violence, Restraining Order, Restraining Order

Ex Parte Hearings and Emergency Orders in CA Family Court

Ex Parte Hearings are sometimes called “Emergency Hearings” because a court mostly hears them in emergency situations. California Family Court judges may issue legal orders as a result of these hearings to protect a child, prevent personal injuries, and for other time-sensitive matters.

California Family Law Attorney Judy L. Burger and her team can represent you and handle the intricate paperwork required for ex parte hearings. Learn more about these proceedings and when “emergency orders” may be warranted.

What Is an Ex Parte Hearing?

​Ex Parte is Latin for “from one party.” This describes the request from a single party to communicate and present evidence to the court with little or no notice to other involved parties. Under California law, such hearings are allowed when significant harm is imminent and immediate measures are required to prevent it. This threat of harm may supersede the normal right of the other party to be present and hear the charges or allegations against them.

These hearings are not for simple or even heated arguments or disputes. A pattern of bickering or disagreements is not enough to request an ex parte hearing. There must be an imminent threat of harm where emergency action is required.

In such an emergency, the court may elect to hear the presentation and issue legally binding orders ex parte. This may be in the presence of both or only in the presence of a single party. If both parties are not present, these court orders are completely lawful and enforceable, just as if the opposing litigant were present.

When Would I Request an Ex Parte Hearing?

​An ex parte hearing in CA family court may be requested by anyone who believes there is an imminent reason for a court order and can provide sufficient proof for needing an emergency order. Common reasons to request an ex parte hearing include the following:

  • To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
  • To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection.
  • To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property or marital assets, leaving the first party without a means of support.

​The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when imminent danger or other pressing needs arise. Contact the office nearest you for more information and to schedule a consultation.

How Do I Request an Ex Parte Hearing in CA?

​Several legal forms are required for requesting an ex parte hearing in California family court. You must also provide evidence for your request that the court will hear before granting any requests. Following is some of the information required:

  • Formal request for a hearing
  • Identity and contact information for involved parties and/or their attorneys
  • Reasons for an ex parte hearing
  • Any previous requests or orders on this or related matters
  • Any existing child custody, support, and visitation orders
  • Any notice made to the other party of this action or reasons why the opposing party should not be notified

Applicants must provide a full and detailed description of recent incidents showing the threat of or actual harm to a child, other person, or property. The evidence must demonstrate the harm that could be suffered without the requested emergency orders in effect.

A family court may grant ex parte orders on the evidence of filed paperwork alone, or they may request some oral testimony or other evidence.

Get Help from a California Certified Family Law Specialist

Judy L. Burger is a CA Certified Family Law Specialist with extensive experience in ex parte hearings and related matters. She can explain more in a confidential consultation and take swift action to request such hearings when warranted. Contact the closest location of The Law Offices of Judy L. Burger when threatening domestic circumstances arise and you need advice and assistance.

extracurricular activities
California Divorce, Child Support

Who Pays for Extracurricular Activities for Children After a Divorce?

Divorce can be a challenging time in a family’s life. It is an emotional and financial struggle, and one of the most complex aspects of separation is deciding about the expenses involving children. Among these expenses, extracurricular activities, such as sports, dance, and music lessons, can be costly. So, who should be responsible for paying the costs of such activities? This blog post will discuss all the necessary information you need to know regarding this issue.

Common Child Support Myths About Extracurricular Activities

Many myths surround the payment of extracurricular activities. For instance, some people believe that child support covers all these costs, which is not the case. Child support contributes to a child’s needs, such as food, shelter, and clothing. Payment for extracurricular activities is considered a child support add-on cost. On the other hand, others may feel that the parent who wants the child to participate should be responsible for the costs. However, this is not always how the Court will view extracurricular activities as many activities offer valuable opportunities for a child’s growth and development. 

Determining Who Pays Under California Law 

According to California law, both parents should be responsible for the necessary costs of raising a child. This law includes the expenses of extracurricular activities. This means that parents should find a way to share these costs. If the parties cannot agree on what extracurricular activities the child should engage in and their payments the Court will have to decide.

Presenting Your Case for Payment to the Other Parent  

It is crucial to approach the other parent and discuss the costs involved. It is best to approach this in an amicable manner and clearly state your child’s needs and interests. Present your case with facts and discuss the value of the extracurricular activity. If you reach a decision, make sure that you have a written agreement on the cost-sharing arrangement and that it becomes a Court order.

Modifying Child Support Orders to Include Activity Costs

If your current child support order does not cover the expenses of extracurricular activities, you can petition the Court to make orders regarding these issues. The Court will evaluate the family’s financial status and decide how the parties split the cost of the activity.

Negotiating Responsibility for Activities in Your Settlement 

Whether you are in the process of separation or divorce, remember to include extracurricular activities in your settlement. A written agreement will help prevent future problems and disagreements with your ex-spouse. 

 

Enforcing Extracurricular Payment Through the Court System

 

If one parent refuses to pay the cost of the activity, the other parent can seek the assistance of the Court to enforce payment. A California family law attorney can provide you with guidance and representation during the enforcement process.

 

Co-Parenting Strategies When You Disagree About Extracurricular Activities

 

Children’s extracurricular activities often cause disagreements between parents as different priorities, financial situations, or scheduling matters arise. Negotiation, compromise, and consideration of the child’s best interests are vital factors. 

 

Deciding who pays for extracurricular activities during a divorce is a complex matter. A California family law attorney could provide you with the necessary guidance and representation. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. Contact us today to schedule an appointment. 

after divorce
Child Custody, California Divorce

Can You Take Your Child Out of the Country After a Divorce in California?

Traveling with your child can be a life-enriching experience, but for divorced parents, it can also be a complicated process. When traveling with a child out of the country after a divorce in California, you may be wondering what the rules are. This blog post will delve into the legal requirements that a parent needs to fulfill before they can travel internationally with a child post-divorce in California.

What Needs to Happen Before Traveling Internationally with a Child After Divorce?

To travel internationally with a child during or after a divorce in California legally, you need to get a few things in order first. Generally, the law requires that you have a written agreement (made into a Court order from the other parent or the Court before traveling outside the country with your child.  If the other parent does not agree to your travel, you must ask the Court for a Court order to travel.

Get the Proper Paperwork in Place

One of the main priorities when planning a trip with your child is ensuring that your custody orders or parenting plan allows for international travel. You will also need to have your and your child’s passports in place. If the other parent opposes the travel plans, the parent has to obtain a court order to allow international travel. Apart from these, you must fill out consent, medical release, and flight itinerary documentation forms.

Communicate Travel Plans with the Other Parent and Allow Time for Objections

The parent who wishes to take the child out of the state of California, especially out of the country, needs to inform the other parent of the travel plans and the itinerary. The other parent will then have time to object if they need to.

Consider the Best Interests of the Child When Planning Trips

When planning to travel outside the country with a child, the most important thing to consider is the child’s best interests. You should choose destinations and activities that align with the child’s interests, such as visiting a family member, attending an educational activity, or religious observances.

Maintain Frequent Contact with the Other Parent During Extended Trips

When traveling with your child, especially on extended trips, it is essential to maintain clear and open communication with the other parent. It is also good practice to keep the other parent informed if your itinerary changes. Your child should have contact with the other parent while traveling through phone calls or facetime.

Follow Court Orders and Parenting Plans When Returning from an International Trip

When you return from your international trip, you must follow any court orders that existed before the trip. Some provisions may require you to notify the other parent upon arrival. Failing to abide by court orders or parenting plans may result in legal action from the other parent.

If you need assistance navigating the complexities of traveling outside the country with your child after a divorce, it is always best to get legal guidance. At the Law Offices of Judy L. Burger, we understand the sensitivities involved in these situations and are here to help you make the best decisions for your child. Our child custody attorneys have handled countless travel-related cases and can provide you with trusted legal support. Contact us today to schedule an appointment. 

 

pregnant during divorce
Child Custody, California Divorce

What if I am Pregnant During a Divorce?

Divorce can be a painful and emotionally challenging process for anyone, but the situation can become even more complicated if you are pregnant. In California, if you are going through a divorce with a baby on the way, it is essential to understand how your pregnancy will impact your divorce proceedings. From support to custody arrangements, parenting plans, and paternity, you need to address many issues with your legal team if you are pregnant during divorce.

This blog post will walk you through some key considerations if you are pregnant during a divorce. We will also give you some tips and strategies on how to navigate your pregnancy and divorce proceedings with the help of a reliable California family law attorney.

How does Pregnancy Impact Divorce Proceedings in California?

When a divorce involves pregnancy, several legal issues need to be considered. One of the most significant considerations is child support. Both parents have a legal obligation to support their children, and this obligation does not change if the parents decide to divorce. However, the financial needs of a newborn can be significant, and both parents’ income will likely be an important factor in determining child support arrangements.

Custody arrangements are another issue that must be addressed. While there is no legal presumption in favor of either parent, the Court will consider the child’s best interests when making custody decisions.

Establish Paternity Early in the Process

If you are pregnant during a divorce, it is essential to establish paternity early in the process. This will ensure that parental rights and responsibilities are appropriately assigned and that the Court can issue custody, visitation, and support orders. If paternity is in question, DNA testing may be required to establish the biological father of the child.

Document all Expenses Related to Prenatal Care and Delivery

When you are pregnant during a divorce, it is essential to document all expenses related to prenatal care, delivery, and postnatal care. These expenses will be considered when calculating child support. Your California family law attorney can help you gather and organize this information to support your case.

Creating a Parenting Plan Addressing the Needs of the Newborn

A newborn’s needs are unique, and you must consider them when creating a parenting plan during a divorce. This may involve building flexibility for breastfeeding and nap schedules and accounting for additional medical care that the baby may need. A parenting plan should be as specific as possible to minimize conflicts down the road.

Temporary Orders for Support, Custody, and Healthcare During the Divorce

If you are pregnant during a divorce, it may be necessary to obtain temporary orders for support, custody, and healthcare. This can ensure that you adequately address your child’s needs during the ongoing divorce proceedings. Your attorney can help you file these orders with the Court and advocate for your interests.

Coordinating Parenting Time Schedules with the Demands of a New Parent

Finally, if you are pregnant during a divorce, it may be necessary to coordinate parenting time schedules with the demands of a new parent. This can be challenging, especially if you or your spouse also have work or school obligations. Your attorney can help you negotiate a schedule that balances the child’s needs with the practical realities of your situation.

If you are pregnant during a divorce, you need an experienced and compassionate California family law attorney on your side. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. We have helped many clients in similar situations and will work tirelessly to achieve the best possible outcome in your case. Contact us today to schedule an appointment.