Category Archives: Child Custody

Child Custody

Sharing Child Custody in California During the Summer

For kids, summer break can be a welcome relief from the daily demands of school and extracurricular activities. For divorced parents, the end of the school year often involves adjusting to a new co-parenting routine. Although there may be challenges, sharing child custody in California during summer doesn’t have to be stressful for you or your kids.

Check Your Child Custody and Visitation Orders

When you created your custody and visitation orders, you and your ex most likely included terms that set out how you would share legal and physical custody in the summers. Before your summer schedule begins, reviewing these orders and familiarizing yourself with the expected terms may be helpful. That way, you can start preparing before the changes take place.

Ideally, you and your California child custody attorney will have taken the time to develop custodial provisions that are suited to your family’s needs. If that is not the case, or your circumstances have changed, you may need to schedule an appointment with your California child custody lawyer to review these issues and determine if you need to modify your orders.

Check-In and Communicate with Each Other

You and your ex checking in with each other on your respective summer plan may help you minimize conflict. It may be that one or both of you would like to travel with your children. As parents, it’s important to communicate with one another regarding where your children will spend time. Keeping each other in the loop may help alleviate concerns and support your co-parenting dynamic.

Be Flexible When Possible

When California child custody and visitation orders are created, the terms are typically based on the parties’ needs and circumstances at the time. However, unlike these orders, families and their requirements tend to change. It may be that when your orders were created, your family did not anticipate traveling out of state in the summer. Fast forward a few years, and one of your children may have extensive summer team commitments both in and out of state. Likewise, a parent may want to travel with the kids during a time when the other has physical custody. Depending on the circumstances, you and your ex may need to revisit the agreement and make adjustments. When parents can be together and be flexible when reasonable, it helps support the co-parenting dynamic and minimize stress for the children.

Remember, It’s Not a Contest

Sometimes parents get caught up trying to outdo one another to entertain the kids during the summer. It’s important to remember that you and your ex are not in competition. Your kids want to spend time with each of you, whatever that looks like. It may help to recognize that the time your spend together is about connecting as a family and not doing more than their other parent.

Maintain Boundaries and Spend Quality Time Together

Summer can be a more casual and relaxed time for families. There can also be more opportunities to talk to and around your kids. Just as during the school year, it’s important to maintain boundaries and not disparage the other parent in the presence of the children. You also want to work with and not against the other parent when it comes to establishing and keeping certain ground rules in place. For example, you and your ex may want to discuss bedtimes, electronics, and suitable entertainment and see if you can get on the same page. Otherwise, you or your ex may run into situations where the kids operate under vastly different rules in each parental home. Everything doesn’t have to be the same, but it may help you, your ex, and your kids if you can keep things consistent.

Contact a California Child Custody Attorney

Sometimes, it’s best for everyone if parents formally modify their child custody orders. If you believe that your orders need to be changed or updated, you should consult with an experienced California child custody attorney. The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

paternity

How Does Paternity Work in California?

How does paternity work in California? In California, generally, when a child is born to a husband and wife, the husband is presumed to be the child’s father. If a child is born to a woman who does not have a husband, there may be a question as to who is the child’s legal father. In this situation, it may be necessary to establish the child’s paternity.

How do you Establish Paternity in California?


In California, establishing paternity involves having a court make a legal determination as to who is the father of a child.

Generally, there are two ways to establish paternity in California: Voluntarily or through a formal legal process.

1) Voluntary Declaration of Parentage—unmarried parents can sign a voluntary declaration of parentage form to establish a child’s paternity. To be valid, the declaration must be signed by both parents, in the presence of a notary public or certain other individuals, and filed with the appropriate California state office.

2) Petition to Determine the Parental Relationship—when the parties do not agree on paternity, someone seeking to establish paternity can file a petition to determine the parental relationship.

Once the petition to determine the parental relationship is filed, the petitioning party must serve the other and include certain required documents. The other party will then be given time to file a response. The case will be scheduled, and in all likelihood, the male party will be ordered to undergo genetic testing to determine whether he is the child’s father.

Who Can File a California Paternity Action?


The California Law provides that a paternity case may be initiated by:

· A man who believes that the child at issue may be his biological child

· The child’s mother

· The child (age 12 and older)

· The child’s representative

· Certain agencies

· Any other interested party

Without a formal paternity determination, someone alleged to be the child’s father will not be obligated to pay support or have custodial rights. In addition to custody, child support, and visitation, establishing parentage is important because it will allow a child to inherit from their parent and be eligible for certain government benefits. In addition, the child can access family and medical records, have health coverage through their parent, and be named a life insurance beneficiary.

Paternity cases can become contentious, especially if a party is denying parentage. Once paternity is established, the legal parents will then have to manage child support and legal and physical custody. In this situation, it’s in your best interest to work with an experienced California family law attorney throughout the process. Your and your California family law lawyer can review the facts and determine your next steps. In addition, your counsel can help you plan for support, custody, and visitation issues.

Contact a California Family Law Attorney


The attorneys at the Law Offices of Judy L. Burger are experienced California family law attorneys who can answer your questions about paternity and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

Enforcing a California Child Custody Order

Enforcing a California Child Custody Order

When parents divorce or separate, court orders will establish when and how they will spend time with their minor children. These California child custody orders are created according to what is in the best interest of the children involved. However, there can be circumstances when one or both parties may fail to abide by a California child custody order. In that circumstance, it may be necessary for the other parent to file an action seeking enforcement of the court’s custody order. Here is more on enforcing a California child custody order:

California Child Custody Orders

There are two types of child custody in California—legal and physical. Legal custody refers to a parent’s right to make decisions regarding their child’s upbringing, health, education  and welfare. Physical custody concerns a parent’s right to have their children with them and in their care. When parents divorce, they will have a custody order that sets out their respective decision-making authority and the specific times and days they can have their kids with them.

Child Custody Enforcement

After child custody orders are put in place, parents are expected to observe and obey the terms. These legal and physical custody orders may have been developed through the parents’ negotiations or a judge’s decision. When a parent regularly fails to follow a California child custody order, the other parent may have grounds to file an enforcement action. When a parent files this type of case, they are asking that the court hold the violating party in contempt of court and enforce the child custody order.

What Constitutes a Child Custody Violation?

Ideally, a child custody order will be carefully and specifically drafted according to the parties’ unique circumstances. When the parents work with their attorneys to create this type of order, they can usually anticipate and plan for their family’s needs. In addition, working with counsel can help ensure that the orders include functional and realistic terms. When child custody terms are clearly and specifically defined, it can make it easier for both parties to understand what is expected and avoid misunderstandings and conflict.

When developing a California child custody order, parents should consider issues such as:

  • The distance between their homes
  • How they intend to divide time during the school year
  • How summer and holiday time will be divided
  • Any extracurricular activities the children may be involved in now and in the future
  • How transportation details and associated expenses will be managed
  • Times when parents may need to deviate from the schedule

Not Every Violation Will Warrant Going to Court

It’s important to remember that not every variation from a California child custody order will warrant filing for enforcement. For instance, a parent may be late dropping their child off with the other parent because of an unforeseen traffic delay. There may also be times when a parent’s work schedule requires a temporary change. When parents can communicate and work together when these situations arise, they may not have to resort to legal taking legal action.

What to do When a Parent Repeatedly Fails to Abide by the Order

If a parent consistently and willfully violates the child custody order, the other parent may need to pursue enforcement. Before taking the matter to court, the parent should consult with an experienced child custody attorney to review the infractions. However, if the other parent refuses to return the children to the other parent, it may be necessary to act immediately. In either circumstance, the parent will need to advocacy and assistance of experienced counsel.

Contact an Experienced California Child Custody Attorney

Child custody enforcement may or may not be necessary, depending on your situation. The best way to determine your enforcement options is by consulting with an experienced child custody attorney. Your lawyer can review the violations and help you identify your options.

The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your child custody issues. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

 

 

 

 

What Happens During a California 730 Evaluation?

What Happens During a California 730 Evaluation?

California courts consider multiple factors when assessing child custody. In some cases, a court may appoint an evaluator to conduct a 730 evaluation. The purpose of the appointment and evaluation is to provide additional information and insight into the child’s circumstances and aid the court in determining what is in the child’s best interest. If your case involves this type of appointment, you need to know: What happens during a California 730 evaluation? Continue reading

Getting Through the Holidays with Your Kids During Divorce

Getting Through the Holidays with Your Kids During Divorce

During a divorce, there can be a lot of trial and error as you figure out your custody routine. Ideally, you and your ex will have clear temporary custodial terms that help you avoid issues as you share time with your children. Even under less contentious circumstances, getting through the holidays with your kids during divorce can be challenging. The good news is that there are ways to help make the process run smoother while sharing holiday time with your children. Continue reading

How do I Transfer My Out-of-State Child Custody Order to California?

How do I Transfer My Out-of-State Child Custody Order to California?

Thousands of people move into California each year. Some of these new residents are parents with children who are subject to out-of-state custody orders. When another state’s court establishes a child’s custodial decisions and the child and their parent move into the state, the original order will need to be transferred to California. Therefore, if you have an out-of-state order, you need to know: How do I transfer my out-of-state custody order to California? Continue reading

How Does Supervised Visitation Work in a California Child Custody Case?

How Does Supervised Visitation Work in a California Child Custody Case?

Generally, California law favors parents having equal decision-making authority and time with children. However, there can be circumstances when a parent will have supervised visitation. If you believe that supervised visitation may be an issue in your California child custody case, it’s important that you understand how this type of supervision operates. So, how does supervised visitation work in a California child custody case? Continue reading