Category Archives: Child Custody
Establishing PaternityI Don’t Want My Ex to Move Away with My Child
In today’s highly mobile job market, employees are often faced with either moving or losing a job altogether. This creates an especially difficult situation after a divorce. Depending on the distance involved, one parent may no longer be able to exercise frequent visitation.
Generally speaking, a parent with sole physical custody of a child can move away unless the other parent can prove in court that the move would cause irreparable harm to the child. On the other hand, if parents share joint physical custody then the parent who wants to move may be required to prove the move will serve the child’s best interest.
The laws that regulate these situations are complicated and like most laws, there are exceptions. The first thing you should do if you find yourself on either side of this dilemma is contact a qualified family law attorney. Your attorney can explain the current law and help you decide which steps to take next.
If you are worried that your ex-spouse may move away with your child, or if you are the one who needs to move to accept a job or start a new life, contact the Law Offices of Judy L. Burger today. Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. What About the Kids?
In the much-publicized divorce of Katie Holmes and Tom Cruise, the tabloids found dozens of opportunities to photograph each parent out and about with their daughter Suri. It’s possible they were simply going about their daily lives while being hounded by the paparazzi, but it is just as likely the soon-to-be-divorced parents were trying to build their respective cases for custody.
When a marriage falls apart, the children of the relationship are caught in the middle. Parents often overlook the negative effect of their verbal sparring on the children. Courts, on the other hand, are not prone to overlook a parent’s bad behavior while the children are present.
Just as parents take measures to protect their children from negative outside influences, parents in the midst of a divorce have a duty to protect their children as much as possible. The children’s lives are going to change, but that doesn’t mean the children should be privy to all dirty laundry.
The details of a divorce should only be shared with children to the extent warranted by each child’s mental and emotional maturity level, and never in a manner reasonably expected to cause the child to harbor ill will for the other parent.
In our experience, children are flexible, adaptable, and perceptive. They may appear to be largely unaffected by your divorce, when in fact they have many questions they are simply afraid to ask. Counseling is often recommended after a divorce to help children process the break up of their parents and learn to deal with their conflicting emotions in a healthy way.
At the Law Offices of Judy L. Burger, we will fight for you to achieve the best outcome possible in your divorce or custody proceedings. We can also help you help your children by recommending qualified counselors or classes designed to help your family avoid or overcome the negative effects of a divorce.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. When Custody is Hotly Contested in California
Military Deployments and Child Custody in California
The stress of being a military member deployed overseas to a hostile environment can be compounded by worrying about children left behind in the care of others. The joy of finally coming home can quickly turn into a nightmare if an ex-spouse refuses to return a child. This subject was the basis for a recent ruling from a California Court of Appeal.
In the case entitled In re Marriage of E.U. and J.E., both of the parents are military members. When they divorced, the court awarded joint legal custody to both parents, with the father having primary physical custody. Anticipating the possibility of deployments for both parents, the court included provisions in the final order that if one parent deployed, then the other parent would assume the role of primary parent. The order further provided that when the deployment ended, custody would revert to pre-deployment status upon return of the deployed member.
As fate would have it, the father deployed and while he was away the mother filed for and was granted a temporary custody order. When the father returned, he commenced a long and arduous legal battle to regain primary custody of his child as originally ordered. Most recently, a California Court of Appeals found in the father’s favor and he regained custody of his child.
Interestingly, during the course of the proceedings, the California Legislature passed a statute requiring the return of a child in a situation such as this to the primary custody holder. Time will tell whether and to what extent this law will be challenged by those claiming a situation has changed and returning the child to a parent recently returned from deployment is contrary to the child’s best interest.
If litigation is necessary to protect a child’s best interest, then it should be commenced immediately.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce or custody proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. In Deciding Custody, Current Possession Matters
Statistics compiled by Divorce Peers tells us in two out of three cases children stay with their mother in the marital home when couples split up. The vast majority of couples (sixty-five to eighty percent depending on the source) either agree at the outset how custody will be arranged or settle the matter during the pendency of their divorce. About sixty percent of couples agree for the mother to have primary physical custody.
Theoretically, courts abandoned the ‘mother is best’ mindset years ago, but it has taken time for the idea to sink in. In our experience, a mother is still more likely than a father to be awarded primary physical custody of the children if a case goes to mediation or trial, but fathers have steadily gained ground in the last twenty years. More fathers who want to be an active part of their children’s lives are fighting for that right.
The ultimate goal in a custody proceeding is to determine what is best for the children. A child needs the love and attention of both parents as long as they are fit to be parents. In deciding what is best for the children under California law, judges will consider many factors, including:
- The ages of the children,
- The emotional ties between the parents and the children,
- The ability of the parents to care for the children,
- The health of the children,
- Any history of family violence or substance abuse, and
- The children’s ties to school, home, and community.
Protecting Children from an Unfit Parent in California
- To give the visiting parent a chance to address specific issues;
- To help reintroduce a parent and a child after a long absence;
- To help introduce a parent and a child when there has been no existing relationship between them;
- When there is a history or allegations of domestic violence, child abuse and neglect, or substance abuse;
- When there are parenting concerns or mental illness; or
- When there is a threat of abduction by the non-custodial parent.
How Abandonment Can Work In Your Favor In California
Additional Factors To Consider When Making a Parenting Plan
We recently discussed California’s requirement for parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan,” which is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
Many of the factors in a parenting plan will be obvious, others less so. In this article we will draw your attention to some of the less than obvious factors to consider when developing your ideal parenting plan. Some of these items may be extremely important to your family:
- Whether there will be regular visitation with grandparents or other extended family members, and if so, how often;
- Sleeping arrangements for children and parents, including the children’s or parents’ overnight guests;
- Instructions for administering medication;
- Dietary requirements or restrictions;
- Preferred methods of discipline;
- Acceptable methods and frequency of parent-child communication while the children are with the other parent;
- Parent-to-parent communication guidelines;
- Whether the children need both parents’ consent for piercings or body art;
- Responsibility for routine vaccinations, dental care, and medical care;
- Acceptable use of technology, including internet, social media, and cell phones;
- Curfews for each child and anticipated exceptions, if any;
- Acceptable ratings and genre for movies the children may watch;
- Acceptable ratings and genre for video games the children may use;
- Which extra-curricular/school/sporting events the children will participate in;
- Participation in church/synagogue/mosque activities.
What Are Some Factors To Consider When Making a Parenting Plan?
California requires parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan.” A parenting plan is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
A comprehensive parenting plan includes many factors. Its purpose is to ensure stability in the present, as well as to eliminate uncertainty in the future. Some of the most important factors to include in your parenting plan are:
1. Who will the children live with?
2. When will the children visit with the other parent?
3. Which holidays are observed by each parent, and which holidays will the children observe with each?
4. How will parents split time with the children during mutually observed holidays?
5. How will parents split time with the children on the children’s birthdays?
6. How will parents split time with the children on the parents’ birthdays?
7. Where will the children be exchanged from one parent to the other for various periods, e.g. regular visitation periods, holidays, birthdays?
8. Who will be responsible for transporting the children between parents’ homes or an alternate exchange location, and when?
9. How will car seat requirements be met, if any?
10. How will visitation schedule changes be addressed, e.g., parents’ work schedule
conflicts, or when the children’s extra-curricular activities conflict with visitation,etc.?
11. How will the parents share school vacations, and who will be responsible for the costs of child care during school vacations, if necessary?
12. How will the parents choose and share the cost of regular child care, if needed?
13. Will the other parent will have ‘first right of refusal’ if a babysitter is needed?
14. How will the parents handle the children having contact with extended family?
15. How will the parents handle the children having contact with a parent’s friends or romantic partners?
16. What if a parent needs to relocate for work or other reasons?
These factors are generally considered essential to every parenting plan in California. There are additional factors that you may want to consider as well, and we plan to address those in an upcoming article. Check back soon to learn more about constructing the ideal parenting plan.
The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online.