Child Custody

How Abandonment Can Work In Your Favor In California

Abandonment in Divorce Proceedings
In divorce proceedings, abandonment refers to when one spouse leaves the other without the intention of returning.  Prior to the enactment of “no-fault” divorce laws, spouses could allege abandonment as a ground for seeking a divorce.  Although proving fault is no longer required to get a divorce in California, abandonment may be factored in by a judge when awarding child custody, alimony, and deciding how marital property will be divided. If your spouse abandoned you or the children, you should be prepared to present evidence of the fact of the abandonment and the effects it had on you and the children.  You may have suffered financially and emotionally.  Depending on their ages, the children’s anguish may have manifested in changes in behavior and performance at home or school.  Any evidence of the negative impact of abandonment should be discussed with your attorney and prepared for presentation at trial, if necessary. When you allege abandonment, your spouse may raise a defense of consent or justification.  A deserting spouse can mitigate or eliminate any finding of fault on his part if he can show you consented to the abandonment.  One example of this would be if you asked your spouse to leave and never return. Likewise, a spouse may be able to show that the abandonment was justified due to abuse or another reason, such as the supposed abandonment was actually due to the spouse moving to take a new job while the other spouse refused to move.  Under these circumstances, it is unlikely the court would attach any fault to the abandonment. The Law Offices of Judy L. Burger can assist you in proving or defending an abandonment situation in your divorce proceedings 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 spouse facing divorce, call us today to learn more about how we can help you.  Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Child Custody

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:
  1. Whether there will be regular visitation with grandparents or other extended family members, and if so, how often;
  2. Sleeping arrangements for children and parents, including the children’s or parents’ overnight guests;
  3. Instructions for administering medication;
  4. Dietary requirements or restrictions;
  5. Preferred methods of discipline;
  6. Acceptable methods and frequency of parent-child communication while the children are with the other parent;
  7. Parent-to-parent communication guidelines;
  8. Whether the children need both parents’ consent for piercings or body art;
  9. Responsibility for routine vaccinations, dental care, and medical care;
  10. Acceptable use of technology, including internet, social media, and cell phones;
  11. Curfews for each child and anticipated exceptions, if any;
  12. Acceptable ratings and genre for movies the children may watch;
  13. Acceptable ratings and genre for video games the children may use;
  14. Which extra-curricular/school/sporting events the children will participate in;
  15. Participation in church/synagogue/mosque activities.
These factors may be beyond the usual set of essentials suggested for your parenting plan, but depending on your family dynamics, could be troublesome if not decided ahead of time. 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 via our confidential inquiry form.