Understanding Joint Legal Custody
Child Custody, California Divorce

Understanding Joint Legal Custody

In California, joint legal custody is an important aspect of family law, particularly in cases of divorce or separation involving children. CA Certified Family Law Specialist Judy L. Burger wants parents to understand how joint legal custody works so they can make informed decisions about their rights and responsibilities regarding their children’s upbringing.

What is Joint Legal Custody?

The Superior Court of California in San Diego County states, “Joint legal custody means that both parents will share the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.”

This includes decisions about education, health care, religious upbringing, and general well-being. In this arrangement, both parents stay actively involved in their child’s life, even if the child primarily resides with one parent.

The Legal Framework in California

California family law encourages shared parenting and recognizes the importance of both parents in a child’s life. The state typically prefers joint legal custody arrangements unless evidence indicates that one parent is unfit or that joint custody is not in the child’s best interest. Some common joint legal custody arrangements include:

  • Joint legal custody, but primary physical custody is given to one parent, and the non-custodial parent has parenting time on alternate weekends.
  • Joint legal custody and shared physical custody. Both parents alternate days of the week and weekends with the child.
  • Joint legal and joint physical custody, and the parents alternate week on, week off.  This tends to work better for older children as they do not see the other parent for a whole week.  

An experienced California Child Custody Lawyer like Judy Burger can help parents create the best parenting plan possible that reflects joint legal custody and shared physical custody responsibilities.

Key Aspects of Joint Legal Custody

Understanding joint legal custody requires addressing and embracing some critical factors.

  1. Decision-Making Authority: Joint legal custody allows both parents to have a say in significant decisions. This means both parents must communicate and collaborate on schooling choices, medical treatments, and extracurricular activities.
  2. Communication is Essential: Communication between parents is crucial for a successful joint legal custody arrangement. Regular discussions and updates about the child’s development and needs can help avoid conflicts.
  3. Best Interest of the Child: California courts prioritize the child’s best interest when determining custody arrangements. Factors considered include the child’s age, health, emotional ties to each parent, and the parents’ ability to cooperate in raising the child.
  4. Modification of Custody Arrangements: Circumstances can change, and sometimes a modification of custody arrangements is necessary. If one parent believes the joint custody setup no longer serves the child’s best interests, they can petition the court for a review.

Navigating Challenges

Married spouses have joint custody of their children under the law until a court-ordered custody order is in effect. Unmarried mothers have sole physical custody of their children until the father legally establishes paternity. Court-issued custody orders grant certain rights according to the circumstances.

While joint legal custody has many benefits, it can also present challenges, particularly if parents have a contentious relationship. Disagreements may arise about crucial decisions, and handling these disputes constructively is vital. Certified CA Family Law Specialist Judy Burger can help facilitate communication and negotiations between parents, aiming for solutions prioritizing the child’s needs.

CA Child Custody Attorney

Joint legal custody in California fosters a collaborative approach to parenting after separation or divorce. By ensuring both parents remain involved in their child’s upbringing, it provides stability and continuity in the child’s life. Understanding the intricacies of joint legal custody can empower parents to work together, ultimately benefiting their child’s overall well-being.

If you’re navigating custody issues, seek legal advice from CA Child Custody Attorney Judy L. Burger to ensure that your rights and those of your child are fully protected. Contact one of our eight California offices directly by phone or request a consultation by completing the contact form.

 

Preparing for Life with Shared Child Custody
Child Custody, California Divorce

Preparing for Life with Shared Child Custody

Shared child custody is a significant aspect of family law in California, and it’s crucial to be well-prepared for this arrangement to ensure the well-being of your children. When parents separate or divorce, shared custody can provide stability and continuity for the children’s upbringing. Certified Family Law Specialist Judy L. Burger shares some essential considerations to prepare for life with shared child custody in California.

Understanding Shared Child Custody

Shared child custody, also known as joint physical custody, involves both parents sharing significant and roughly equal amounts of time with their children. This arrangement aims to ensure that both parents play an active role in raising and caring for their children.

Shared physical custody is not the same as shared legal custody. In shared legal custody, both parents share the rights and responsibilities for making important decisions about the children. Sharing physical custody means that both parents create a working arrangement where the children live with each parent some of the time.

While the courts operate on a general 50-50 basis, parents must decide what works best for their family. Child Custody Attorney Judy Burger can help you create the most feasible arrangement. Here is how she can help:

Create a Co-Parenting Plan

Developing a comprehensive co-parenting plan is essential for shared child custody. The plan should outline the specific schedules for when the children will be with each parent, including weekdays, weekends, holidays, and school breaks. It should also address decision-making responsibilities regarding the children’s education, healthcare, and extracurricular activities.

Promote Effective Communication

Effective communication between co-parents is vital for the success of shared child custody. Open and respectful communication can help in coordinating schedules, addressing concerns about the children, and making important decisions together. Utilizing various communication tools and platforms can facilitate ongoing, positive interaction.

Prioritize the Children’s Best Interests

In shared child custody, both parents must prioritize the best interests of their children. Judy Burger can help foster a nurturing and supportive environment in both households, encourage the children’s relationships with both parents, and maintain consistency in parenting approaches.

Addressing Child Support and Expenses

In shared child custody, child support arrangements and the allocation of expenses should be clearly defined. Both parents should agree on how they will share the financial responsibilities of raising their children, including costs related to education, healthcare, extracurricular activities, and other needs.

Flexibility and Adaptability

Shared child custody requires flexibility and adaptability from both parents. It’s essential to be open to adjusting schedules and arrangements as the children’s needs and circumstances evolve. Collaborating and making compromises can contribute to a successful shared custody experience.

Seek Legal Guidance for Child Custody Matters in CA

Navigating shared child custody arrangements can be complex, and legal guidance is essential. CA Certified Family Law Specialist Judy Burger is a knowledgeable attorney who can help you understand your rights, obligations, and options under California family law and prepare the best shared custody arrangement for your children’s best interests.

Preparing for life with shared child custody in California involves careful planning, effective communication, and prioritizing the children’s well-being. Parents can navigate shared custody arrangements with greater confidence and clarity by creating a solid co-parenting plan, promoting positive communication, and seeking legal guidance when needed.

Because each family’s situation is unique, it’s essential to tailor the shared custody arrangement to fit your family’s specific needs and dynamics. Judy Burger begins with the right approach and a focus on cooperation to help your family create and enjoy a stable and nurturing environment for children to thrive despite their parents living in separate households. Contact us at the nearest office to learn more in a confidential consultation. 

How Can I Prepare for Sole Custody of My Child?
Child Custody

How Can I Prepare for Sole Custody of My Child?

Are you ready to take responsibility for sole custody of your child? California family courts generally grant joint custody to both parents in a divorce. Obtaining sole custody can be a difficult and involved process, and you need significant assistance from a knowledgeable legal professional. Certified CA Family Law Specialist Judy L. Burger offers some tips to prepare for sole child custody.

What Is Sole Custody?

Sole custody, also known as full custody, is a legal arrangement in which one parent or guardian has the exclusive right and responsibility to make decisions about the upbringing of the child and has the primary physical custody of the child. This means that the child lives with one parent most of the time. The other parent may have visitation rights or parenting time, but they do not have the legal authority to make decisions about the child’s upbringing. In sole custody cases, one parent has the ultimate authority and responsibility for the child’s well-being.

Steps to Prepare for Sole Custody of Your Child in CA

Custody orders are granted by the family court. Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.  

Family Law Attorney Judy Burger can help you with the following steps to file for sole custody of your child in California.

Create a Parenting Plan

When spouses with children separate, they must create a parenting plan to present to the court. Many couples can work out an equitable plan that the court can simply approve. A parenting plan reflecting a sole custody arrangement will likely meet with disapproval by the other parent. 

When domestic violence has occurred, the law allows the court to grant sole custody in order to protect the children and abused spouse. There is specific paperwork for requesting sole custody in domestic violence cases.

Gather The Evidence to Support Sole Child Custody

A family court judge will need convincing evidence to grant one parent sole custody. This evidence must basically prove the other parent is unfit to care for the child. However, it must also prove that you are fit and able to care for the child. The court will consider:

  • Domestic violence history or charges
  • Police reports
  • Medical evidence
  • Witness statements
  • Correspondence
  • Employment history
  • Housing situation
  • Emotional and physical health of the parent
  • Age and health of the child
  • Emotional ties between the parents and the child
  • The child’s ties to the community, family, school, etc.

The primary consideration is always the child’s best interests.

File a Custody Petition with the Court

Your attorney will help you collect the necessary evidence and complete other required paperwork to file a sole custody petition with the court. Completing forms correctly and including all pertinent information is critical. Documentation you may need can include:

  • Parenting plan
  • Request for orders on child custody and visitation
  • Petition to establish a parental relationship
  • Petition for custody visitation
  • Petition for dissolution
  • Official statement about domestic violence (Form MC-030)

CA Custody Attorney Judy Burger can review your case, determine the specific documents you need, and help you complete them correctly.

Attend a Child Custody Court Hearing

After filing for custody, you must attend a child custody court hearing. During the hearing, the judge will review your parenting plan and custody petition and listen to arguments from both sides. The judge will then decide on the custody arrangement that is in the child’s best interest.

Attorney Judy Burger specializes in family law in California and can assist you in securing the best custody and support arrangements for your case. She can help you understand the custody hearing process, gather evidence, prepare for testimony, anticipate challenges during the hearing, develop a parenting plan, and advocate for your interests.

Get Help with Child Custody in California

If you have a child custody case in California, 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. 

Top 10 FAQs About California Military Divorce
California Divorce, Child Custody, Child Support, Property Division, Visitation

Top 10 FAQs About California Military Divorce

Serving in the armed forces can place an incredible strain on a marriage. In fact, the current divorce rate among military couples is around 4.8%, compared to about 2.5% in the general population. Military divorce is essentially the same as a civilian divorce, except some federal laws will apply. Certified Family Law Specialist Judy L. Burger shares the top ten frequently asked questions she often fields about California military divorce.

#1. Do I Need a Military Lawyer (JAG) for a Military Divorce?

While most military posts have legal assistance attorneys from the Judge Advocate General’s Corps available for advice, they do not handle divorces. You need a family law/divorce attorney in your state to handle your military divorce. To file for divorce in California, one of the spouses must be a California resident for at least six months and have lived in the filing county for at least three months.

#2. Will the Military Serve Divorce Papers to My Spouse?

The military services may help you locate your spouse, especially if they are on an overseas deployment, but they are not required to serve divorce papers for you. A California divorce lawyer can help you serve divorce papers.

#3. Can I Get a Default Judgement for a Military Divorce in California?

While default judgments in many civil law cases are permissible, the Servicemembers Civil Relief Act (SCRA) prevents this in military divorces. The court may permit up to a 90-day delay to allow active-duty service members to respond to a divorce petition.

#4. Does Child Custody Automatically Go to the Non-Military Spouse in a Military Divorce?

This is a popular misconception that is false. California courts do not discriminate against active-duty military parents when deciding child custody issues. The court will consider all relevant factors and decide according to the child’s best interests.

#5. Are Military Service Members Required to Pay Child Support?

A California family law court may order child support from either spouse, regardless of if they are military or not. However, a service member’s child support obligation cannot exceed 60% of their disposable income. Spousal and child support is taken seriously in the military, as is paying any debt. Service members who fail to meet their financial obligations may be subject to court martial or other disciplinary actions.

#6. How Is Property Divided in a Military Divorce?

California’s “community property” laws apply when dividing property in a military divorce. However, some federal provisions apply to benefits like military pensions. CA Family Law Attorney Judy Burger can explain more about military divorce property divisions in a confidential consultation.

#7. Can I Still Get Military Benefits After a Divorce?

Asset divisions in a military divorce are often governed by the “20/20/20 Rule.” In order to receive military benefits after divorcing a service member:

  • You must have been married for at least 20 years.
  • Your ex-spouse must have served in the military for at least 20 years.
  • Your 20 years of marriage must overlap with 20 years of your ex-spouse’s military service.

This only applies as long as you do not remarry. There are variations to this rule, so consult with a Military Divorce Lawyer like Judy Burger for the most up-to-date information.

#8. Will the Military Pay to Move a Spouse Back to the United States After a Divorce?

In the event of a divorce occurring overseas, the military may cover the moving expenses of the nonmilitary spouse. Typically, other moving expenses are subject to negotiation and are determined as part of the final divorce agreement.

#9: I’m Originally from Another State. Can I Get a Military Divorce in CA?

Yes. If you and your military spouse are stationed in California and you have established residency here for at least six months, you can file for a divorce in California.

#10. Where Do I Start a Military Divorce in California?

Contact The Law Offices of Judy L. Burger for more information about Military Divorce in California. We have eight offices throughout the state, and several are convenient to major military bases. Get the experienced help and guidance you need in a military divorce. Contact us today to schedule a confidential consultation near you.

Father’s Rights in California
California Divorce, Child Custody, Child Support, Termination of Parental Rights

Father’s Rights in California

Popular myth perpetuates the misnomer that mothers have more rights than fathers in divorce and child custody. This is simply not true. California law seeks to treat mothers and fathers equally unless a parent surrenders their rights or mitigating circumstances warrant different arrangements. Knowing a father’s rights in California is critical to avoiding serious mistakes during custody and other arrangements.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about a father’s rights and help you be treated fairly in child custody negotiations. Here are some important elements of a father’s rights in California.

Child Custody, Support, and Visitation and California Law

According to California Law Family Code Section 3020(b), children are to have “… frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child-rearing in order to effect this policy, except when the contact would not be in the best interests of the child…”

Section (c) states, “… a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members…”

Custody

Fathers should never assume that mothers automatically receive primary custody of a child. California law upholds equal rights for a legally established father to have primary custody of his child. He may also be eligible to receive child support from the mother.

Support

Non-custodial parents typically must pay child support according to state guidelines and the family’s court’s orders. This support agreement is calculated by reviewing both parents’ income, age, and other relevant factors. As stated earlier, fathers can be custodial parents and receive child support from a child’s mother.

Visitation

Fathers enjoy equal visitation rights to their children in California when there are no mitigating factors. Visitation agreements may include modified schedules for summer or holidays that even provide non-custodial parents with more time. In most cases, it is illegal for a custodial parent to prevent the non-custodial parent from visiting with their child.

Establishing Paternity in CA

Establishing your paternity is vital to enjoying your rights as a father. No custody, support, or visitation agreements including you may be established without this legal declaration. Married parents can establish this without legal action. Unmarried fathers may require a court action establishing their paternity. Family Law Attorney Judy Burger can help you legally establish paternity in California.

Declaration of Paternity

Unmarried parents may both complete and sign a Declaration of Paternity. This has the same status as a court order to establish paternity and doesn’t require going to court.

Petition to Establish a Parental Relationship

When there is a dispute between the birth mother and a potential father about paternity, the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A family law judge will review evidence presented in court and establish or deny paternity. A birth mother may also file this petition to establish the parentage of her child’s father in order to secure child support.

Exercise Your Father’s Rights in CA

Fathers have the right to be part of their children’s lives in California. Don’t surrender your rights or otherwise accept a poor custody and visitation agreement as a father. The law guarantees you equal treatment to enjoy parenthood even after a separation or divorce. California Certified Family Law Specialist Judy Burger can explain more about fathers’ rights and negotiating equitable custody, support, and visitation agreements in a confidential consultation.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.

 

Your Top 12 Child Custody FAQs Answered
Child Custody

Your Top 12 Child Custody FAQs Answered

Child custody is one of family law’s most complicated and emotional issues. Parents understandably have questions and concerns about the child custody process. Certified Family Law Specialist Judy L. Burger answers the top 12 child custody questions clients ask us throughout California.

Most Common Child Custody FAQs

  1. What is child custody?

Child custody is the legal and physical responsibility for a child. Legal custody refers to the right to make decisions about a child’s upbringing, including education, religion, and healthcare. Physical custody refers to where the child lives and who cares for the child.

  1. What is the difference between sole and joint custody? Sole custody means that one parent has exclusive legal and physical custody of the child. Joint custody means that both parents share legal and physical custody of the child.
  2. What factors do the courts consider when determining child custody? The courts consider several factors when determining child custody, including the child’s age and needs, the parents’ ability to care for the child, the child’s relationship with each parent, and any history of abuse or neglect.
  3. Can grandparents or other family members get custody of a child? In some cases, grandparents or other family members can get custody of a child. However, the court will consider the child’s best interests and the parents’ rights before awarding custody to a third party.
  4. Can a child choose which parent to live with? Sometimes, a child can express a preference for which parent to live with. The court will consider the child’s age and maturity level before taking their preference into account.
  5. Can child custody orders be modified? Yes, child custody orders can be modified if there has been a significant change in circumstances, such as a parent’s relocation or a change in the child’s needs.
  6. What is a parenting plan? A parenting plan is a written agreement between parents that outlines each parent’s responsibilities and rights regarding the child. It includes details about custody, visitation, and decision-making.
  7. What is supervised visitation? Supervised visitation is when a parent is allowed to visit with their child but only under the supervision of a third party, such as a social worker or family member.
  8. Can a parent move out of state with their child after a custody order has been issued? If a parent wants to move out of state with their child after a custody order has been issued, they must obtain permission from the other parent or the court.
  9. Can I get custody of a child in another state?

It is possible, but it requires petitioning for custody in the state where the child lives. Attorney Judy Burger can help you understand the Uniform Child Custody Jurisdiction and Enforcement Act and what is required.

  1. How can I prove the other parent is unfit?

This requires presenting evidence to the court that demonstrates the other parent clearly endangers your child’s safety and well-being. Photos, videos, doctor reports, witness testimony, and more may be used to present your case.

  1. What are my parental rights?

Married spouses have joint custody of their children under the law until a court-ordered custody order is in effect. Unmarried mothers have sole physical custody of their children until the father legally establishes paternity. Court-issued custody orders grant certain rights according to the circumstances.

What If I Have Other Questions?

What should I do if I need help with child custody issues? If you need help with child custody issues, you should consult with experienced Family Law Attorney Judy Burger. She can help you understand your rights and options and guide you through the legal process.

Child custody can be a complex and emotional issue. Understanding the process and your rights can help you make informed decisions and protect your child’s best interests. Contact Certified Family Law Specialist Judy Burger with your questions and concerns.

 

What Can I Expect During a Child Custody Court Hearing?
Child Custody

What Can I Expect During a Child Custody Court Hearing?

Facing a child custody hearing in California can be nerve-wracking and worrisome. However, fear of the unknown is what generates the most anxiety. Certified Family Law Specialist Judy L. Burger has helped numerous clients prepare for child custody hearings. Every client gets her personal attention and the benefit of her expertise.

The Law Offices of Judy L. Burger reviews what you can expect during a child custody court hearing and how we can help you.

The Typical Child Custody Hearing

Every child custody hearing is different due to the individuals and circumstances involved. However, each follows a similar format. Here is what you can expect.

The Setting

Your child custody court hearing will be held in a courtroom and presided over by a family law judge. Both parents and their legal representatives may be present. Family witnesses, expert witnesses, teachers, therapists, and other specialists may also be present and submit evidence to the court.

The Judge

The judge is a duly appointed legal arbiter with significant training and background in family law matters. His or her role is to decide what is in the best interests of the child or children in question. They will weigh all the evidence presented before making any official rulings. The judge may also ask you and your spouse questions and may speak with your child privately I order to obtain as much information as possible for making the best decision.

Presenting Evidence

Your attorney will help you collect and prepare evidence and your own testimony supporting your case. Each parent will have the opportunity to present evidence for consideration. This can include witness testimony, specialist testimony, medical records, financial records, school records, audio recordings, video, and more. Your attorney will also help you prepare to answer questions about your evidence and testimony from the judge and on cross-examination.

Cross-Examination and Rebuttals

Each parent or their attorney is given the chance to cross-examine the other parent’s witnesses and evidence. At this point, you may challenge any claims or evidence and provide support to refute those claims. A Family Law Attorney like Judy Burger knows how to make sure your rights are protected and the other parties follow the letter of the law in all areas. She can also provide strong rebuttals when necessary.

Possible Child Custody Hearing Outcomes  

After gleaning every bit of evidence and testimony possible from all parties, the judge will issue a ruling granting orders and permissions that govern both parents’ future actions. Here are some possible outcomes:

Child Custody

The judge will grant custody rights to the parents.

  • Sole Custody: This parent has legal and physical custody of the child or children.
  • Joint Custody: In this case, both parents share legal and physical custody of the child or children. This requires an approved parenting plan outlining each parent’s responsibilities.

Visitation Rights

If one parent is granted sole custody, the other parent may be granted visitation rights. The judge will decide the visitation schedule based on what is in the best interest of the child.

Support Agreements

The judge may also order a support agreement in which both parents share the responsibility for meeting their children’s needs.

Existing Child Custody Arrangement Modifications

If an existing custody arrangement is in place, either parent may request a modification if circumstances have significantly changed. The judge will consider the request and decide based on what is in the child’s best interest.

How a Family Law Attorney Can Help

Attorney Judy Burger knows family law in California and how to pursue the best custody and support arrangements for your case. She can help you understand and prepare for the custody hearing process, collect evidence, prepare you for testimony, prepare for expected challenges during the hearing, construct a parenting plan, and further advocate for your interests.

When you’re facing a child custody hearing, contact the Law Offices of Judy L. Burger in California for seasoned expertise.

Top Questions Concerning Child Support and Military Personnel
California Divorce, Child Custody, Child Support

Top Questions Concerning Child Support and Military Personnel

Child support is a critical aspect of Family Law. Thousands of military personnel and their families reside in California, so it is essential to understand how child support orders affect service members and their families in the state. Certified Family Law Specialist Judy L. Burger addresses some of the most common questions concerning child support and military personnel.

Child Support and the Military FAQ

Every situation is different, so you need to consult with Family Law Attorney Judy Burger when questions or issues arise about child support and service members. Here are some basics to know about child support and military personnel.

  1. How is child support calculated for military personnel?

In California, child support is calculated based on several factors, including each parent’s income, time spent with the child, and other expenses. However, there are additional considerations for service members, including allowances and special pay, like Basic Allowance for Housing (BAH), hazardous duty pay, sea pay, and more. Although some of these forms of pay are non-taxable, California law includes them all when calculating child support.

  1. Can military personnel be ordered to pay child support even if they are stationed overseas?

Yes. The Servicemembers Civil Relief Act (SCRA) protects active-duty military personnel from legal action, including child support proceedings, while on active duty. However, this protection does not apply to service members who are not on active duty or who are in arrears in their child support payments.

  1. Can military personnel be held in contempt of court for failure to pay child support?

Yes. Failure to pay child support can result in serious consequences, including fines, imprisonment, and loss of security clearance. It is essential to keep up with child support payments, even if stationed overseas or on active duty.

  1. Can military personnel modify child support orders?

Yes, military personnel can modify support orders based on a change in circumstances, such as a change in income or a change in the custody arrangement. However, it is essential to follow the proper legal procedures for modifying support orders to avoid potential legal consequences. The Family Court generally grants expedited hearings for service members who receive deployment orders and need to address child support or custody order modifications.

  1. What happens to child support payments if service members are deployed or transferred?

If soldiers, sailors, airmen, or marines are deployed or transferred, child support payments must continue to be made. However, there are legal provisions that allow for modifications to child support orders in these circumstances. It is crucial to contact experienced Family Law Attorney Judy Burger to help you navigate the legal process.

Get Help from a California Child Support Lawyer

Child support can be a complicated issue, especially for military families. It is essential to understand the legal requirements and protections afforded to military personnel. California Family Code §3047 provides guidance for many issues that can arise when a military service member faces mobilization, deployment, or a temporary assignment that takes them outside the state or country and causes complications with following court-ordered support or custody agreements.

Attorney Judy Burger can provide guidance and support to ensure that child support obligations are met and that the best interests of the child are protected. Child custody and support issues are already challenging, and the pressure of unexpected changes due to military service adds even more complexity. Get the help you need in California from The Law Offices of Judy L. Burger. We have eight offices to serve you.

May an Imprisoned Parent Have Child Visitation Rights in California?
Child Custody, Termination of Parental Rights, Visitation

May an Imprisoned Parent Have Child Visitation Rights in California?

Almost 200,000 kids in California have a parent in jail. This can create complex parenting and custody issues. One of the thorniest problems can be child visitation rights for the incarcerated parent. The parent’s crimes, existing relationship with the child and other parent, and the attitude of the Family Court all have an impact on decisions.

Under California law, any solution must ensure the child’s best interests. This means there can be many options and solutions. Family Law Attorney Judy L. Burger examines the question, “May an imprisoned parent have child visitation rights in California?”

Fast Facts About CA Child Custody and Incarceration

Although there are thousands of families with an incarcerated parent, there is much confusion surrounding this issue. Here are some fast facts about the topic:

  1. Incarceration does not automatically terminate your parenting rights. This can only happen in a limited number of situations.
  2. Imprisonment in California is not automatically considered abandonment of a child as it is in a few other states.
  3. Child custody and parental rights are different issues. The other parent or a grandparent may be granted custodial care of your child while you are in jail, but this does not surrender your parental rights.
  4. Incarceration does not abrogate you from your child support obligations. Making child support payments can help prove you have not abandoned your child and take your parental responsibilities seriously.
  5. You are still entitled to be present in any hearing regarding your parental rights and the matters relating to your child while in prison.  

Child Visitation Rights for CA Inmates

A Family Court may determine that the child’s best interests are met by granting visitation rights to an incarcerated parent. If so, there will likely be stringent guidelines to ensure the child’s safety and well-being. A California Family Law Attorney like Judy L. Burger can help the inmate negotiate the best possible conditions for visiting with their child.

A new law in California takes effect on January 1, 2024, to make it easier for incarcerated parents to obtain visitation rights with their children. The Keep Families Close Act now allows incarcerated parents to request a transfer to a facility near their families. Since 2019 data from the CDCR revealed that over 75% of incarcerated persons are located over 100 miles from their homes, this legislation is a welcome boon for inmates.

According to California Department of Correction and Rehabilitation (CDCR) data from 2019, over 75% of people in prisons are incarcerated more than 100 miles away from their homes  According to CDCR data from 2019, over 75% of people in prisons are incarcerated over 100 miles away from their homes. Parents who committed crimes against their child or other serious crimes are exempted.

Moreover, the Family Dignity Act will make the visitation process for families simpler by adopting digital technology. Families will now be able to scan and upload birth certificates so they can be digitally retrieved on each visit and not have to be brought every time.

Help with Child Custody, Support, and Visitation Matters in California

Child custody, support, and visitation issues with an incarcerated parent can be difficult and many factors can impact the court’s decisions. A parent sentenced to prison, currently in prison, or about to be released from prison will need counsel and representation from a CA Family Law Attorney. Similarly, the custodial parent or guardian of the child will need advice and representation to ensure the child’s best interests are ensured.

Certified Family Law Specialist Judy L. Burger and her team understand the specific challenges relating to an incarcerated parent and their family. We can help you work out the best arrangements for your family’s welfare and happiness during any phase of the parent’s jail tenure. Contact the Law Offices of Judy L. Burger by phone or online to request a confidential 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.