Understanding Joint Legal Custody

November 12, 2024 TRIWriter

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.

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.
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.
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.
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.

California Divorce, Child Custody

Preparing for Life with Shared Child Custody

October 22, 2024 TRIWriter

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.

California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

October 3, 2024 TRIWriter

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

Divisive legal separations after a long marriage
Difficult divorces where the parties cannot agree on anything
Military divorces where both parties are actively serving
Complex business valuations where both spouses are owners
Sophisticated property divisions involving retirement and other investments
Heated mediations over support agreements
Emotionally charged situations involving different family backgrounds
Intense negotiations involving children and custody
Heart-wrenching discussions over grandparents’ rights
Litigating difficult child custody and support cases
Ex parte “emergency” hearings to stop or prevent abuse
Domestic violence assistance for spouses and children
Complex paternity issues for fathers
Completing and filing voluminous paperwork
More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

Losing custody
Limited visitation rights
Surrendering valuable assets
Burdensome support agreements
Your personal safety
Your family’s welfare
Your reputation
Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

Child Custody, Domestic Violence, Restraining Order

Child Custody Matters That Warrant Ex Parte Hearings

September 19, 2024 TRIWriter

If you need urgent legal orders to protect a child from harm, prevent personal injuries, or address other time-sensitive matters pertaining to child custody, you may need an Ex Parte Hearing. Also known as “Emergency Hearings,” these proceedings are typically requested by one party with little or no notice to the other involved parties. They are reserved for situations where imminent harm requires immediate action from the court.

The Law Offices of Judy L. Burger and her team specialize in handling the intricate paperwork and representation for ex parte hearings. Contact one of our California offices nearest you to learn more and get help with child custody matters and emergency hearings.

What Is an Ex Parte Emergency Hearing?

The term “Ex Parte” originates from Latin, meaning “from one party.” It is a request from a single party to present evidence to the court with little or no notice to other involved parties. In California, such hearings are permitted when there is an imminent threat of significant harm and immediate action is necessary to prevent it. This can include child custody matters.

The court can grant this emergency hearing and issue legal orders to protect parties from harm in extreme situations that make custody battles difficult or dangerous.

Child Custody Emergencies

Child custody discussions between parents can become heated and even violent. If you believe there is a good chance the discussions could turn bad or you feel threatened, you can request an ex parte hearing in a CA family court. If the court finds sufficient proof for emergency orders to protect you and your child, they may grant them even if the other parent is not present. 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. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
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, 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 custody matters are threatened by imminent harm or violence. You may also need a temporary restraining order to protect you and your child from an abusive or manipulative spouse/parent. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. We have eight offices across California to serve you.

Know When to Act

Disagreements between separated or divorcing parents can go awry for any number of reasons. Custody discussions can break down, and alarming reactions may threaten your mental and physical safety and that of your child. It is important to act swiftly and learn about the various legal means at your disposal.

If you find yourself in a situation where an ex parte hearing may be necessary, it’s crucial to seek assistance from a California Certified Family Law Specialist like Judy L. Burger. Her expertise and experience in handling such matters can provide the guidance and swift action needed to address threatening domestic circumstances through legal means. Contact us immediately to explore your options and get the help you need.

California Divorce, Child Custody, Domestic Violence

Tips for Proving Child Abuse in a Custody Hearing

August 20, 2024 TRIWriter

In many custody cases, parents prioritize their child’s well-being above all else. However, in some situations, a child may not be safe with one of their parents, especially if there is a history of domestic abuse or child abuse or if there are concerns about the child being exposed to a potentially dangerous environment.

While it’s crucial for a parent to safeguard their child, it’s important to note that child abuse allegations are treated with the utmost seriousness by the courts and should not be made without careful consideration. Certified California Family Law Specialist Judy L. Burger can help you prove child abuse in your custody hearing to keep your children safe. Here are some things you should know.

Recognizing Child Abuse

The Federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

“Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation;” or
“An act or failure to act which presents an imminent risk of serious harm.”

California law defines child abuse as:

Physical injury inflicted on a child by another person
Sexual abuse, or
Emotional abuse

Child abuse can take many forms, including causing physical or psychological harm. While physical abuse may leave visible marks like bruises, psychological abuse can be harder to detect. Signs of psychological abuse may include a child becoming withdrawn or losing interest in activities they used to enjoy.

Emotional abuse and neglect may be more harmful in the long term than physical or sexual abuse.

It’s crucial for parents to be aware of these signs, as children who are being abused may be too young or scared to report it themselves. You may need help from medical or mental health professionals to help detect child abuse.

Proving Child Abuse

Proving allegations of child abuse in court or your custody hearing requires hard evidence. Hearsay – repeating what someone else told you – is not admissible evidence. Hard evidence that can withstand legal challenges by the defendant’s attorney is documented proof of actual abuse.

While this sounds simple, it can become complex. Sometimes, you may only be able to document the changes reflected in a child’s behavior that may point to abuse.

Here are some recommended ways to prove child abuse in a California family court:

Official Documentation

Official documents that show physical evidence of abuse reflect possible abusive behaviors or indicate a pattern of change in behavior that can indicate abuse are admissible. These can include:

Medical records (exam documentation, photos, mental evaluations, etc.)
School reports documenting grade changes or behavior shifts
Police reports of any incidents involving the other parent
Records showing missed or denied parenting time or parenting plan violations

Witness testimony

Witnesses provide context for your allegations and may offer credible first-hand evidence of abusive behavior. They can provide:

Written testimony
Video or photographic evidence
Out-of-court depositions
Live witness testimony
Expert custody evaluations (mental health experts, court-appointed parenting coordinators, home study professionals, etc.)

Custody Journals

A custody journal can help illustrate your relationships with the child and the other parent. You can document:

Situations in which you don’t believe the other parent acted in the child’s best interests
Interactions with the other parent
Attempts to comply with existing custody agreements
Quality time you spend with the child
The child’s emotional state
The child’s medical appointments
The child’s behavior
The child’s own comments

Reporting Child Abuse

If a parent has concerns about their child being abused by the other parent or someone in the other parent’s household, they have the right to ask the court for an order to limit or remove the other parent’s custody rights. If the court finds evidence of abuse, it will issue either a temporary or final order with custody terms that ensure the child’s safety.

Note: You cannot simply decide to ignore existing visitation or other parenting agreements if you suspect abuse or neglect. You could be held in contempt of court.

If you suspect abuse or the potential for abuse or harm, contact The Law Offices of Judy L. Burger. We can help you contact the Child Protective Services Department in your county and arrange for emergency responses. Our office can also petition the court for an ex-parte order to help keep you and your child safe until a court hearing can make more permanent decisions.

California Divorce, Child Custody, Child Support, Termination of Parental Rights

Father’s Rights in California

August 1, 2024 TRIWriter

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.

California Divorce, Child Custody, Domestic Violence, Mediation, Restraining Order, Termination of Parental Rights

Domestic Violence and Parenting Plan Modifications

July 25, 2024 TRIWriter

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

Custody agreements
Visitation schedules
Sharing costs for the child’s care
Arrangements for holidays and school breaks
Exchange arrangements
Phone and video contact with the children
Communication between parents
Authority for making decisions for the child
Religious matters
More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

Keeping your living arrangements private and secure
Having a neutral third party exchange the child between parents
Exchanging the children in a public place in full view of security cameras or guards
Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
Using an app for all communications so there is documentation
Keeping travel plans and daily activities private
Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

California Divorce, Child Support, Debt, Disability

Top Reasons to Seek CA Child Support Modifications

July 11, 2024 TRIWriter

Child and spousal support are critical responsibilities after a divorce. As life changes occur, you may need to make formal child support modifications to your original agreement. The Family Court must approve any changes, but it is always best for both parents to present a workable plan to the court. Certified Family Law Specialist Judy L. Burger examines why you may need to seek child support modifications in California.

Income Changes

Any changes in your income of 20% or more warrant examination for a possible change in your child support amount. This includes:

Increases: Increases may raise your payments.
Decreases: Decreases may reduce your payments depending on the nature of the decrease.
Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
Self-employment: This type of employment can fluctuate, requiring adjustment or some other modification.
Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Never assume that changes to your child support payments can be made on your own when things change. All changes must be agreed upon by both parents and approved by the court. CA Family Law Attorney Judy Burger can help you navigate this process to ensure your child’s best interests are met.

Custody Changes

Custody agreements can change and reflect a need to modify child support arrangements. The time a child spends with each parent is a primary consideration. Common reasons for a change in custody include:

Remarriage
Disability
Military Deployment

In most cases, the non-custodial parent pays child support to the custodial parent. If the custodial parent changes, this likely means a change in the amount of child support. The child’s needs and the new custody arrangements must be reviewed to create a workable agreement. Typically, the custodial parent spends more time with the child and contributes more to their care.

Changes in the Child’s Needs

Children grow and change, and this creates new and different needs. The most common changes in the child’s needs that demand support modifications include:

Education: As children age, they can require more resources for their education, such as school supplies, activity fees, or college tuition.
Living expenses: As children age, their tastes and needs change, including clothing, food, daily essentials, and incidentals.
Medical expenses: Developing medical conditions or treatments not covered by insurance, like wisdom teeth removal and orthodontics, can require extra resources.
Extracurricular activities: Children can pursue all forms of sports, music lessons, hobbies, and school clubs that may require additional financial resources.
Unpaid child support: If one parent falls behind on child support payments, the court may order a modification to ensure the child is receiving proper care and support.

Parents can agree on how they’ll handle the new payments. However, they still need a judge to sign off on the agreement and ensure it meets the requirements for a child support modification. So, any verbal agreement should be put on paper and certified by a family law judge.

Get Help with CA Child Support Modifications

Every family is unique and has different child support needs. No two support agreements are alike. Working with a seasoned family law attorney is the best way to find solutions to complex support issues that meet your family’s needs while satisfying the family court’s requirements. A lawyer should review any change in your situation to see if it warrants changes.

Certified Family Law Specialist Judy Burger has extensive experience helping families create workable child support agreements and modifications as life changes. She is an effective negotiator and problem-solver who can help you find solutions that fit your family’s needs. Contact one of her offices across California to schedule a consultation today.

Child Custody, Child Support, Visitation

Is It Time for a New Parenting Plan?

July 4, 2024 TRIWriter

Divorce is often painful and difficult, but parents don’t want to transmit this anguish to their children. Child custody and visitation agreements hammered out in your parenting plan and approved by the court are designed to protect your children and provide what is best for them. However, circumstances can change and require modifications. Is it time for a new parenting plan? Certified Family Law Specialist Judy L. Burger examines when you should consider making some changes.

What Is a Parenting Plan?

A parenting plan outlines how parents will share the responsibilities of raising their children after a divorce or separation. It typically includes details on how much time the children will spend with each parent, how major decisions about the children’s upbringing will be made, and how conflicts or disagreements between the parents will be resolved. The parenting plan is filed with the court and becomes a legally binding agreement.

Reasons to Change Child Custody and Visitation in Your Parenting Plan

Life happens to everyone and adjustments are part of it. Sometimes this means a new patenting plan must be figured out to address new needs, changes, or demands. Here are five signs that it’s time to change your joint parenting plan.

Changes in Your Child’s Needs

Children’s needs change as they age. This could be going to a new school, taking on new extracurricular activities or hobbies, medical needs or health changes, and more. The possibilities are endless and every parent knows that you have to adjust to these new realities. Your parenting plan may need revisions to reflect these new changes and how each parent will accommodate them.

Changes in Your Work or Living Situation

Adults face changes throughout life, too. You or your ex-spouse could move, start a new job, go to college, or start new activities that require adjustments in child custody, support, or visitation arrangements. A CA Family Law Attorney like Judy Burger can help you negotiate the new changes and get them approved by the court.

Changes in a Parent’s Situation

Changes in the other parent’s living situation will also require you to make adjustments. For example, if your ex-spouse remarries, has additional children, moves, or starts a new job in another city, this will impact how you care for your child and meet their needs. These changes can be difficult at times, but a family law specialist knows how to help you make satisfactory changes and keep your own life on track.

Conflict or Tension Between Parents

Co-parents who now lead different lives but share a child and parenting responsibilities can experience conflict or tension. Sometimes your parenting plan must change to improve communication or reduce the stresses on your children. For example, trusted third parties may need to pick up and drop off children to prevent parental conflicts.

Concerns About Your Child’s Safety

Your child’s safety and well-being are your primary concerns. Any threats or concerns about their physical, mental, or emotional stability demand immediate changes to your parenting plan. California Family Lawyer Judy Burger can work with you to modify custody arrangements and visitation plans to address specific concerns. She can also help you obtain ex-parte “emergency” hearings and domestic violence restraining orders if necessary.

Get Help with Child Custody and Visitation Arrangements in Your CA Parenting Plan

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody, visitation, support, and related issues. She can help you work out details of a new parenting plan that reflects recent changes in your parenting situation and file it with the court. Contact one of her eight offices across California to schedule a consultation.

California Divorce, Child Custody, Termination of Parental Rights

Child Custody and Establishing Paternity

June 27, 2024 TRIWriter

Children deserve to have a strong bond with good parents and be protected from inappropriate, dangerous, or abusive behavior. This is why child custody matters are so critical. Obtaining custody of your child and establishing paternity can be a tough challenge, but experienced legal guidance and representation can help.

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody and paternity cases. She discusses these vital issues below.

Why Is Paternity So Important?

Establishing a child’s legal parentage is critical because many things depend on it. Legal parents have significant rights and responsibilities that directly influence the child’s well-being.

Legal parents:

Can ask for custody and visitation
Are required to support their child financially
Are listed on a California birth certificate
Can bequeath financial benefits to their child
Can guarantee U.S. citizenship, even if the child was born outside the country

Determining a child’s legal parents can involve emotional and complex issues and is best handled with the guidance of a family law attorney. Judy Burger can help you establish parentage of a child in California.

Ways to Establish Legal Parentage

California law establishes legal parentage in the following circumstances:

You are the child’s birth parent (not a surrogate)
You and the other parent were married or registered domestic partners when your child was born or conceived
You and the other parent filed a Declaration that establishes you as the legal parents
A judge determined that you are a legal parent in a court case

You and the other parent can establish legal parentage for your child by completing and filing a Voluntary Declaration of Parentage (VDOP) form. This is typically done when the child is born but can be completed later. This becomes a binding legal document similar to a court order.

A California Family Law Court can determine the legal parentage of a child and establish child custody and support orders if necessary. California law allows fathers up to three years after the child’s 18^th birthday to legally establish paternity.

Father’s Rights and Paternity

California law distinguishes between a “parent” and a “biological father.” Once the biological father has established his parental rights, he can legally request custody or visitation, pay or receive child support, and make decisions on the child’s behalf. The mother cannot deny the father’s legal rights once paternity has been established unless exceptional circumstances have been recognized by the court.

Although a man may be the biological father of a child, paternity can only be legally established through adoption, marriage, or a court order. If a child is born outside of marriage or as a result of an extramarital affair, the biological father has no legal rights. In such cases, the woman’s legal spouse would automatically be granted paternity rights over the child. However, a biological father has up to two years from the date of the child’s birth to petition the court for a paternity test.

Experienced CA Child Custody and Paternity Lawyer

Judy L. Burger is an experienced CA Child Custody and Paternity Lawyer with eight offices across the Golden State. She is a Certified Family Law Specialist with extensive knowledge and expertise in handling volatile and complex cases where paternity is an issue and child custody questions are at stake. When your family life and responsibilities are in question or other problems arise with paternity, Ms. Burger can help you fight for what is best for your child.

Contact her nearest office today to schedule a confidential consultation to discuss your situation and get sound legal advice. Judy and her team care, and we know how to help.