Category Archives: Child Custody

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.

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.

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. 

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. 

out of state
California Divorce, Child Custody

Can You Move Out of State With Your Kids After a Divorce in California?

Divorce is a difficult process, and things can become even more complicated when children are involved. One of the biggest challenges can be deciding where the children will live and how custody and visitation will be structured. For some divorced parents, the idea of moving out of state with their kids may be appealing. They may want to be closer to family, start a new job, or begin a new chapter in their life. However, before taking any steps, it is important to understand the legal considerations and potential roadblocks that could arise. This blog post will explore what you need to know about moving out of state with your children after a divorce in California.

 

What to Consider Before Moving Out-of-State with Your Kids After Divorce

 

First and foremost, it is essential to consider the best interests of your children. Will moving out of state mean they will be farther away from the other parent? Will it disrupt their school or extracurricular activities? Additionally, if you have a custody and visitation agreement in place, you will need to review it to see if there are any restrictions on moving. It would help if you also considered the cost of living in the new state, job opportunities, and the availability of support systems. It is a big decision that requires careful thought and consideration.

 

Potential Roadblocks that Could Prevent You from Moving Out of State with Your Children

 

Even if you believe that moving out of state is in your children’s best interests, several potential roadblocks could arise. For example, the other parent may object to the move and file a motion with the court to prevent it. Additionally, there may be a provision in your custody and visitation agreement that prohibits you from moving out of state without the other parent’s consent. Finally, if you are in the process of getting a divorce, the court may require you to remain in California until the divorce is finalized.

 

What Happens if the Other Parent Objects to You Moving Out of State?

 

If the other parent objects to your proposed move, you will need to go through a legal process to get permission from the court. This may involve attending a hearing and presenting evidence as to why the move is in the children’s best interests. The court will consider factors such as the reasons for moving, the impact on the children, and the availability of visitation opportunities for the other parent. You will need to work with an experienced California family lawyer who can guide you through this process.

 

The Process of Getting Permission From the Court to Move Out-of-State with Your Kids

 

If you are seeking to move out of state with your children, you must file a request for a move-away order with the court. This request should include information about the proposed move, the reasons for it, and how it will benefit the children. You may also need to include a parenting plan that outlines how the other parent can maintain a relationship with the children. Once filed, the other parent will have an opportunity to object to the request, and the court can schedule a hearing. 

 

What You Need to Do Once You Have Gained Permission to Move Out-of-State

 

If the court grants your request and gives you permission to move out of state, you will need to update your custody and visitation agreement accordingly. This may involve negotiating a new agreement with the other parent and submitting it to the court for approval. Additionally, it would help if you considered practical matters such as finding a new home, registering the children for school, and establishing new support systems.

 

If you are considering moving out of state with your children after a divorce, it is essential to work with a skilled and experienced California family lawyer who can guide you through the legal process. At the Law Offices of Judy L. Burger, we are committed to helping families find solutions that work for everyone involved. Contact us today to schedule a consultation and learn more about how we can help.

legal vs. physical custody
Child Custody

Legal Custody vs. Physical Custody in California

As a parent in California, one of the most challenging situations you can face is a dispute over child custody. The legal system can be complicated, and it’s essential to understand the difference between legal custody and physical custody if you’re involved in a custody battle. This blog post will provide a comprehensive guide to legal and physical custody in California. 

 

Explaining the Difference Between Legal Custody and Physical Custody in California

 

Legal custody is a parent’s right to make decisions on behalf of their child. This can include decisions about the child’s education, medical care, and religious upbringing. On the other hand, physical custody is where a child will reside. It involves having the child primarily living with one parent while the other parent will have visitation rights. Custody can be awarded to one parent, or both parents can share custody.

 

How to Obtain Legal Custody of Your Child in California

 

Obtaining legal custody in California involves filing a petition with the court. The court will typically grant it if both parents agree to legal custody. However, if there is a dispute, the court will have to decide based on the child’s best interests. To prove that you are the better parent to make decisions on behalf of your child, you will need to provide evidence, such as documentation of your involvement in your child’s education, healthcare visits, and any other important decisions made on their behalf.

 

The Benefits of Having Legal Custody of a Child in California

 

Having legal custody of a child in California comes with several benefits. You can make decisions that you feel are in your child’s best interest without consulting with the other parent. This is particularly helpful if the other parent is uncooperative or lacks involvement in the child’s life. It allows you to make sure your child receives the care and support they need, and you can advocate for your child in legal matters.

 

Understanding Physical Custody and Visitation Rights in California

 

Physical custody determines with whom the child spends their time. A parent can have sole physical custody or joint physical custody. In joint physical custody, the child spends time living with both parents at different times, and each parent has significant periods of physical custody. If one parent has sole physical custody, the other parent will have visitation rights, which determine when and how long the noncustodial parent can spend with their child. This can include unsupervised and supervised visitation.

 

What You Need to Know if You’re Seeking Sole Physical Custody of Your Child

 

If you’re seeking sole physical custody of your child, you must understand that it can be complicated. The court must see evidence that you are the best option for the child and that the other parent is unfit to have physical custody. This can include providing evidence of the other parent’s inability to care for the child or evidence of neglect or abuse. It’s essential to have an experienced family law attorney representing you in court to help protect your child’s best interests.

 

The Pros and Cons Of Sharing Joint Physical Custody Of Your Child In California

 

Joint physical custody can be a beneficial solution that allows both parents to share the responsibility of raising their child. It can also allow the child to bond with both parents and maintain a stable relationship with each. However, there are some downsides to having joint physical custody. Scheduling, communication, and relocation can cause issues with joint physical custody, and it can be challenging to decide when it’s time to change custody arrangements if it’s not working.

 

If you are involved in a custody dispute in California, it’s essential to have an experienced family law attorney representing you. At the Law Offices of Judy L. Burger, we understand the complexities of child custody cases. We will fight to protect your rights as a parent and obtain the best possible outcome for your situation. Contact us today to schedule your initial consultation.

child custody
Child Custody

5 Tips for Navigating the Difficult Journey of Child Custody

Child custody is a difficult and emotional journey many parents face. This process can be particularly overwhelming and daunting if you’re unfamiliar with the legal system, state guidelines, and the complexities of each type of custody arrangement. Whether you’re going through a divorce or separating from your partner, preparing yourself for the challenging road ahead is essential. This blog post will share five essential tips for navigating the difficult journey of child custody and making it as smooth and seamless as possible.

 

Understand the Different Types of Child Custody Arrangements

 

Before you begin the child custody process, it’s important to understand the different types of custody arrangements available. In general, there are two main types of custody: legal custody and physical custody. Legal custody refers to the right to decide on your child’s education, healthcare, and welfare. On the other hand, physical custody refers to the child’s residence and with whom they live. Within these two main categories, there are a variety of custody arrangements, including joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Understanding these different arrangements is vital to help you make an informed decision about which arrangement may be best for your family.

 

Follow the State’s Guidelines for Child Custody Agreements

 

Each state has its guidelines and laws regarding child custody. As such, you must familiarize yourself with California’s laws and policies if you live in the state. Understanding these rules will help you navigate the custody process more confidently and adhere to all legal requirements. For example, in California, the court will consider several factors when determining a child’s best interests, including the child’s safety, well-being, and how involved each parent is in the child’s life.

 

Know Your Rights and Responsibilities

 

As a parent, you have both rights and responsibilities when it comes to your child. It’s important to understand both of these aspects fully so that you can go into the custody process confidently and clearly understand your role. For example, you have the right to spend time with your child and make decisions regarding their care, but you also have a responsibility to provide financially for your child and ensure their safety and well-being.

 

Create a Co-Parenting Plan with Your Ex-Partner

 

One of the biggest challenges of child custody is co-parenting with your ex-partner. Creating a co-parenting plan that outlines how you and your ex-partner will share custody and make decisions regarding your child is essential. This plan should include a schedule for visitation, guidelines for communication, and how you’ll handle disputes or disagreements that may arise in the future. By creating a solid co-parenting plan, you’ll be able to avoid potential conflicts and make the custody process as smooth as possible for your child.

 

Know the Importance of Putting Your Child’s Needs First

 

Ultimately, the most critical aspect of child custody is putting your child’s needs first. Your child’s well-being should be the top priority during this process, and you should make decisions in their best interest. This means putting aside your own feelings or desires and focusing on what is best for your child’s safety, health, and overall well-being.

 

By following these five essential tips, you can confidently navigate the process and make decisions that are in your child’s best interest. It’s also important to reach out to legal professionals who can provide guidance and support throughout the process. If you’re currently going through a custody battle and need legal assistance, don’t hesitate to contact us at the Law Offices of Judy L. Burger. Our team of experienced professionals can help ensure that your legal rights are protected and that you feel confident and prepared as you navigate this difficult time.
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.