When parents divorce, one of the most important decisions they will make is how they will share physical custody of their kids. In some cases, parents may want to divide their time equally or “50/50.” This may seem like an equitable and logical choice. However, if you are considering this type of arrangement, you will want to know: Is 50/50 the best custody option for my kids? Continue reading
Divorce can be a stressful and painful experience for everyone involved, but it can be especially hard on children. As a parent, you will want to do everything you can to protect your kids during this difficult time. While you probably won’t be able to completely insulate your children from your divorce, there are measures you can take to support them during the process. Here are 5 ways you can help your kids during divorce: Continue reading
During divorce, parents often establish a schedule that sets out how they will spend time with their kids. Generally, the expectation is that custodial parents will be with their children during their designated care periods. However, there can be situations when a parent may need to leave their children with someone else. Depending on the circumstances, you may or may not be comfortable with a third party watching your kids when your ex is away. If that is the case, you may want to consider adding the “Right of First Refusal” to your California parenting agreement. If you have not heard of this term, you may be wondering: Do I need the “right of first refusal” in my custody order? Continue reading
Keeping perspective during divorce can be challenging, especially when parents are fighting over child custody. Sometimes, when parents get very angry with one another, they may inadvertently say and do things that negatively impact their kids. In this situation, a California family court may determine that a Guardian ad Litem (minor’s counsel) needs to be appointed to provide the court with insight into the child’s situation. If you have a disputed California custody matter involving a Guardian ad Litem, you will want to know: What is the role of a Guardian ad Litem in a California child custody case? Continue reading
When a California court needs to make decisions regarding child custody, the judge will consider multiple aspects of the child’s life. Ultimately, what the court decides or the parties agree to must be in the child’s best interest. If you are involved in a California divorce or other child-related case, you may be wondering: What does the “Best Interest of the Child” mean in a California custody case? Continue reading
Going through a divorce with minor children will involve you and your ex making several decisions about their future care. Ultimately, how you share decision-making and time with your kids will become part of a court-ordered parenting plan that you and your ex will be required to follow. Often parents will negotiate and develop their own plan terms rather than leaving decisions about their family up to the court. When they can’t agree, each parent can ask the court to grant their request for their preferred parenting plan terms. Therefore, it will be crucial to know which terms you need in your parenting plan as you proceed through your case. Here is more on the key elements to include in your parenting plan. Continue reading
Ava loved the fact that her husband, Henri, was from France. She felt their son could benefit from being involved in more than one culture. However, her enthusiasm faded when Henri filed for divorce. She feared he would take their son to France where he might live beyond the control of California courts. Liam faced a problem a little closer to home. He learned that his wife was partying in clubs all night while their two-year-old daughter slept in the car. Liam has also noticed unexplained bruises on his little girl. Fearing for his daughter’s safety, he looked to the court system. Both Ava and Liam may need the same protection: an emergency child custody order.
Who gets the children is often a hot topic during a divorce. The hope is that parents will do what is best for their children, but this is not always the case.
During a divorce, parents work out a parenting plan, and custody is decided. If parents can’t agree, a judge will assign custody. Of course, negotiating a plan takes times. Sometimes one parent may have to move quickly to protect his or her children.
It can be difficult to get this kind of order. While California judges always focus on the best interests of the child, they also cannot hand out emergency orders for no reason.
The primary reason for requesting an emergency child custody order is:
“A situation has occurred, or may occur, where it is in the best interest of the child that the court make immediate orders.”
In Ava’s case, she needs to stop her husband from spiriting their son out of the country. Liam needs to stop his wife from neglecting or abusing their child. Neither situation can wait, so they ask for emergency child custody orders. The court may grant each a temporary order that takes effect immediately. However, the court will schedule a hearing before granting a more permanent order.
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including ex parte hearings and emergency child custody orders.
Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.
Between Jiu-jitsu, football, and violin lessons, some parents may spend hours every week taking their children to extracurricular activities. The job is even more difficult for divorced parents who may struggle to meet the requirements of their parenting agreement. Parents may disagree on the scheduling of activities, the cost, or even just the type of activity. One parent may feel their child should be in a sports program, while the other leans toward robotics or coding. But how important are these activities? Will extracurricular activities affect visitation for children of divorced parents?
Little League, Girl Scouts, and chess club are fun activities that also provide some crucial benefits, including:
However, coordinating math club or gymnastics with an ex-spouse is sometimes not easy.
How will one parent feel when the other parent schedules an extracurricular activity during their visitation time? Typically, the parent who has custody of the child at the time takes the child to scheduled activities. Problems can arise, especially when ‘fun’ activities’ coincide with a parent’s work or activity schedule. Sometimes a parent feels the activity is not important in their child’s life.
Some of these difficulties can be ironed out in one important divorce document: the parenting plan.
The type of custody arrangement reached in divorce affects school and extracurricular activities. In a California divorce, custody falls into several categories:
Does one parent have sole legal custody of the children? If so, that parent has the final say on extracurricular activities. However, the non-custodial parent can object or ask for changes to the parenting agreement or visitation schedule.
If parents amicably agree on the when and how of extracurriculars, they can avoid having a judge make decisions for them.
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, child custody, and child visitation. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
Parents may be able to mutually agree upon a parenting plan for their children. Sometimes, though, a judge has to decide how child custody will be handled before a divorce is finalized. No matter how or when the decisions were made, there may come a time that parents have to modify child custody arrangements.
Parenting Plans and child custody arrangements typically are made keeping the best interests of the child in mind. But people and circumstances change. Some of the common reasons for altering a child custody arrangement include:
In addition, children may ask for a change in custody. Children over the age of 12 may be permitted to tell the judge who they want to live with.
Once one or both parents decide that changes should be made, the court becomes involved.
The parent requesting the change will file a Request for Order with the court. An additional form – the child Custody and Visitation (Parenting Time) Application Attachment is optional but may be helpful. Remember that you need to show a significant change in circumstances or some compelling reason to modify child custody arrangements.
After filing the Request for Order, you will be given a date to appear in court or to meet with a mediator. Court proceedings can be complicated, especially if the parents are unable to reach their own agreement.
If parents are unable to arrive at a revised custody plan through mediation, they may have to appear in court. The judge may take limited testimony but may rely heavily on the documents filed with the clerk. After making a decision, the judge signs an order altering the terms of the custody arrangement.
However, the court must see significant reasons to change custody before doing so. As always, California courts consider the best interests of the child in making any decisions.
To discuss how to modify child custody arrangements, please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients in Beverly Hills, San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.