Do California Divorce Courts Award Custody of Pets?

Do California Divorce Courts Award Custody of Pets?

When you own a dog, cat, or other pet, they are often more than an animal companion—they are like members of the family. Owners can form intense bonds with their shared household animals. Therefore, not surprisingly, the question of who gets the family pet can become contentious during a divorce. If you are involved in a California divorce and have a household animal, you may need to know: Do California divorce courts award custody of pets? Continue reading

What is the Role of a Guardian Ad Litem in a California Child Custody Case?

What is the Role of a Guardian Ad Litem in a California Child Custody Case?

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

What Does the “Best Interest of the Child” Mean in a California Custody Case?

What Does the “Best Interest of the Child” Mean in a California Custody Case?

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

Key Elements to Include in Your Parenting Plan

Key Elements to Include in Your Parenting Plan

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

Understanding Grandparent Visitation Rights Under California Law

Understanding Grandparent Visitation Rights Under California Law

When you are a parent going through a divorce, you will have to determine how you and your ex will share custody of your kids. Although you are ending your relationship with each other, you will remain connected as co-parents. Further, your children, and by extension, you, will continue to have ties with your ex’s family members. In-law and other family dynamics can be complicated both during and after divorce and are not always easy to navigate. This can be especially true when it comes to managing your children’s time with their grandparents post-divorce. If you are going through a divorce involving kids, you will want to know how grandparent/grandchild visits will work after the case is over. Here is more about understanding grandparent visitation rights under California law: Continue reading

It’s Possible to Get Temporary Orders During Your Divorce

It’s Possible to Get Temporary Orders During Your Divorce

When you file for or are served with a divorce, it can immediately impact your daily life, including your living situation. Once your case begins, you and your ex may decide that you no longer want to live together. While living apart during divorce can provide each person with the physical space they need, it can also raise certain practical issues that will need to be addressed. Having temporary orders in place while your divorce case is pending can help clarify each person’s responsibilities and minimize conflict. The good news is that it’s possible to get temporary orders during your divorce. However, temporary order issues can be just as complex as those raised during divorce. Therefore, it’s important to understand temporary orders and how they may operate during your California divorce case. Continue reading

Dual Citizenship’s Effect on Divorce

Dual Citizenship’s Effect on Divorce

Nancy knew when she married Mark that he was both a United States Citizen and a citizen of Nigeria. He had been born in the U.S., but his parents raised him in their home country. She did not know how Mark’s dual citizenship would affect their divorce a few years later.

Does it matter where the divorce proceeding takes place?

Anyone who considers divorcing a spouse with dual citizenship owes it to themselves to do a little research. Choosing to file in the country with the most favorable divorce laws could make a huge difference, especially when spousal support and child custody are involved.

Nancy may be able to file for divorce in the United States if she meets applicable residency requirements. For example, California law requires the filing party to live in California for the 6 months prior to filing. The filing party is also required to live for at least 3 months in the county in which they plan to file.

What if one spouse moves their children to their home country without permission?

In this situation, a parent who is also a U.S. citizen could reach out to the United States Department of State. However, it may also be necessary to start working through the courts of the country to which the children have been moved.

How can court orders be enforced?

The court handling the divorce proceeding has the authority to hand down orders. The problem may be enforcing orders in another country. The U.S. State Department may be able to help. However, it’s likely that a person based in the U.S., for example, will have to retain counsel in their ex-spouse’s country.

Plan Ahead for Dual Citizenship Issues.

Dealing with this type of issue can take divorce to a whole new level. This is hard to say, but the best time to plan for this type of issue is before the marriage takes place. Actions that seem harmless with the Wedding March still ringing in your ears may have serious consequences if it becomes time to divorce.

Contact a California attorney to learn your options. 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.

What Is Joint Legal Custody?

What Is Joint Legal Custody?

Zach and Mary decide to divorce after 14 years of marriage. Of course, they are concerned about how their three children will handle the stress of divorce. Both parents want custody, but realize they need a plan. As they learn more about how custody is decided, they have questions. For example, they aren’t sure what joint legal custody entails.

Types of Child Custody

In a divorce proceeding, the term “child custody” refers to the care, control, and maintenance of a child or children. However, there are two different types of custody:  physical and legal. Each type of custody can be sole or joint. Sometimes a judge may even award one parent sole physical custody of a child, but joint legal custody. As always, the judge will decide what’s best for the child when finalizing child custody arrangements:

  • Sole Custody. A parent with sole physical custody decides where a child lives. If a parent is awarded sole legal custody, he or she will make all legal decisions related to a child’s health, education, and welfare. The non-custodial parent may have visitation rights as ordered by the court.
  • Joint Custody. Parents may share legal or physical custody under joint custody arrangements. Physical custody still relates to arrangements regarding the physical presence of the child. Legal custody still refers to the child’s health, education, and welfare. The difference, of course, is that each parent has at least some say in what happens with the child.

So, how does joint legal custody vary from sole legal custody and joint/sole physical custody?

Joint Legal Custody

Parents who are given joint legal custody generally are required to make decisions together. However, if a parent refuses to work with the other parent, they may both end up back in court. That’s not the ideal situation for anyone.

Sometimes Sharing is Impossible.

A judge may give one parent sole legal custody if:

  • parents are unable to work together
  • one person is considered an unfit parent
  • one of the parents is just not capable of making legal decisions
  • it appears that it’s not in the children’s best interests for both parents to share legal custody

Final Thoughts.

Zach and Mary found it difficult to agree on a parenting plan. Both wanted maximum time with their kids. Both wanted to make all decisions. The judge presiding over their case sent to them mediation, where they came up a parenting plan that worked for the children. They were able to see that joint custody could work as long as they continued to communicate and put their children first.

Acting in the best interest of the child is the driving principle behind a parent plan. Make sure custody issues are handled while negotiating your marital settlement agreement.

To discuss your child custody concerns with an experienced California attorney, please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.

My Husband Got Custody of Our Kids. Do I Have to Pay Child Support?

My Husband Got Custody of Our Kids. Do I Have to Pay Child Support?

Some of the most difficult and heart-wrenching decisions to make during a divorce involve children. Who will provide a home for the kids and money to care for them? Regardless of where the kids live, both parents are expected to be financially responsible for their children. This expectation may lead some people to question why they have to pay child support if the other parent has physical custody. 

California courts require every parent to be financially responsible for their children.

Child support is the law, but that doesn’t mean it’s easy to calculate. Courts will consider several factors when calculating who should pay child support:

  • Both parents’ financial circumstances,
  • The children’s needs,
  • Whether additional support is needed for special expenses, child care costs, etc. and
  • The amount of time each parent has physical responsibility for the children.

Custody arrangement can make a difference.

“Time-share” – the amount of time the parent spends with the children – typically takes three forms:

  • One parent spends more time caring for children. The other parent usually pays child support. Occasionally, though, there’s a great discrepancy between the parents’ income. Generally, the parent with the greater income will pay child support to the parent with lower income. This scenario can be tricky. It is best to consult a family law attorney.
  • Parents spend about the same amount of time with the kids. The parent with the higher income may pay some child support to the other parent.
  • Parents of multiple children ‘split’ up the children. For example, in a family with two children, one child lives with mom and one child lives with dad. Child support may be paid depending on the parents’ income or special needs.

What’s best for the children?

It really comes down to taking care of the children’s needs, regardless of their address. Maybe you have questions about child support or are considering separate or divorce. Give us a call at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Cost, including San Francisco, Marin County, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.
Can I Move Out of State with My Child?

Can I Move Out of State with My Child?

Despite everyone’s best efforts, child custody issues arise. Even in cases where the court and parents have agreed on what’s in the best interests for the children, life changes. At some point after a divorce, one parent may want or need to move out of state.

What California law says about move aways.

According to California Family Code 7501:

(a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

(b) It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state.

The decision in In re Marriage of Burgess grants a parent the presumptive right to move, not an absolute right. This means the court may or may not allow you to move. The court will consider factors in addition to your custody order before granting or denying your request to move away.

How much time do you usually spend with your child?

The court may consider how much time each parent spends with the child when deciding a move away case. The parent who has physical custody of a child more than the other parent may be more likely to win a move away case. Whether the time spent together is quality time may also influence the court’s decision.

Will the move be detrimental to your child?

Is the move being made for a legitimate reason that may benefit the child? Moving closer to extended family, living in a better neighborhood, and attending a better school are good reasons to move. Moving to be closer to your boyfriend or your favorite beach are not.

However, moving can be tough on a child’s relationship with his or her non-custodial parent, but courts often don’t consider that harmful enough to deny the motion to leave. However, if any of the child’s rights will be restricted due to the move, the court may refuse to allow the parent to move away.

Do you have a plan?

If you’re thinking of moving away, you need to plan ahead. It can be months before a judge grants or denies your request to move.

The attorneys at the Law Offices of Judy L. Burger are highly experienced with child custody issues. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.