Age-Appropriate Parenting Plans

Age-Appropriate Parenting Plans

For divorcing couples with children, perhaps the most important thing to address is a parenting plan. Property and money issues are usually more straightforward because they are assigned a value and appropriated according to legal standards. Deciding what is in the best interest of a couple’s children, however, is never easy.

A parenting plan must be established and approved by the court for the good of both the parents and the children. For the parents, it will define the respective roles to be played in the many and varied important issues involved in raising children. For the children, the plan will be critical to help them adjust to the effects of their parents divorcing. If handled poorly, that outcome can affect children for the rest of their lives.

Perhaps the most important aspect of a parenting plan is the age of each child. Infants, for example, need a consistent schedule for sleeping and eating. They also need physical comfort and bonding with the mother, particularly if being breast-fed. The non-custodial parent should visit on a regular schedule to also promote bonding.

Toddlers also need consistency in their environment, but the environment can be more flexible. Regular time with the non-custodial parent in their home is appropriate at this age, but the rules of each household should be the same for the child. If one parent has the primary parenting role, visits to the other parent should limited to 24 hours at a time. If shared custody is the plan, the time split should be limited to three days at a time.

Children at the pre-school age can adapt to longer periods away from a primary parent, again, with consistent rules in both households. Children at this age begin to need to know in advance when a change in location or caregiver is to occur. A sense of security is important at all points in a child’s developmental years, and at this age range, unexpected change can induce insecurity.

During the childhood years of 6 to 10 years of age, children begin to participate in a world outside the home and control of their parents. This can also cause insecurity, so it is ever more necessary for the parenting plan to provide a safe and secure home environment. Clear plans for time spent with each parent are important, as is the involvement of both parents in school and outside activities. Children need to feel supported by both parents in their school and other activities. This adds to their feelings of security and self-worth.

In pre-adolescence, children’s relationships with people outside the home increase and their time spent with parents starts to decrease. A child will begin to want variations in the parenting arrangement to accommodate his or her outside interests. It is fine for the child to have some say in when and where she will spend time, but it is important to demonstrate that the decision is still made by the parents, preferably together. Parents may need to sacrifice some of their time for the child to participate in outside activities.

The adolescent stage is when the parenting plan begins its descent, so to speak. Kids in this period are becoming more independent as they head for adulthood. They are increasingly in control of their schedules for school, sports, and other extra-curricular activities. Parents need to work together to allow this to occur while maintaining control. Children may try to play their parents off on one another to achieve a goal neither parent would otherwise approve. It is more important than ever for divorced parents to work together supervising adolescent children. At this age, ill-conceived actions by an unsupervised child can have dire consequences.

Obviously, there cannot be a one-size-fits-all parenting plan. The plan must be both rigid and flexible, depending on the needs of the children and the parents. The observations contained herein, however, can provide some insight as to a broad framework within which a plan can be refined.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters, including complicated parenting plans. We can advise you about the many different issues that can impact the parenting of children after divorce. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Get the Best Result by Working With Your Divorce Lawyer

Get the Best Result by Working With Your Divorce Lawyer

Divorce proceedings can sometimes take a while to reach a conclusion. This period of time can sometimes feel lonely as your world and relationships are reshaped.  One person with whom you do not have to reshape a relationship is your divorce attorney. Typically, you did not know this person before you needed legal representation. It is important to remember that working with your attorney can be one positive relationship during a difficult time.

The key to a positive relationship with your attorney is communication. Sometimes, clients are reluctant to tell their attorneys the whole story about their marital relationships and what led to the breakup. This is understandable. Many details are intensely private, maybe even embarrassing. Consequently, some may choose to leave out ugly details, and some may trick themselves into thinking some things are not really relevant.

It is important to recognize that a divorce attorney is the best person to determine whether information is relevant. An experienced attorney has “heard it all.” She is not likely to be shocked or surprised by anything you reveal. In this regard, telling the whole story can actually have a therapeutic effect. Knowing that others have had the same or worse issues can help you breathe a sigh of relief and open up about relevant details. And remember, your lawyer is there to help you. When the two of you communicate about your case, those communications are private.

Another aspect of communication is to keep your attorney apprised of any developments while the action is pending. Actions taken by you or your spouse with regard to marital property, harassment, or child issues could have an effect on the proceedings. Even if you have done something you should not have, tell your lawyer. The worst thing you can have happen is for your attorney to be surprised in a hearing before the judge with information about inadvisable conduct on your part. Likewise, if your spouse has acted inappropriately, your attorney will know whether and how to use that information to benefit you and your children.

A third aspect of communication is your documentation of income, expenses, marital assets, and private assets. You can’t rely on memory for this type of information; records are essential. Make sure you provide all necessary records and, again, do not assume something is not relevant or needed on your own. In a court of law, a fact is not true unless backed up by proof. Written documents are often necessary to establish proof.

If you work well with your attorney, you have the best chance of achieving the best possible result in your divorce. What’s more, working well with your attorney provides you with a positive influence and maybe even strength during a trying time.

For compassionate legal counsel during this difficult time, contact the experienced family attorneys at the Law Offices of Judy L. Burger. We will provide legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

How a “Typical” Divorce Case Proceeds

How a Typical Divorce Case ProceedsBeing a party to a divorce proceeding is no walk in the park. The emotional toll of ending a relationship is enough for it to qualify as one of life’s least desirable experiences. Actually navigating the divorce process through the court system can also take its toll, but the state does provide a framework that allows for amicable or adversarial proceedings, depending on the desires of the parties.

Naturally, a divorce case begins with a decision by one or both parties to a marriage that the union should end. At this, and any other point in the process, the parties are free to mutually agree to terms of the divorce, including allocation of property, child support and custody, and spousal support. In this best of circumstances, the parties can file the appropriate documents with the court and seek a divorce order reflecting their mutual agreements. 

Whether or not mutual agreement is reached, the divorce must be initiated by the party seeking the divorce (called the petitioner) filing a petition with the appropriate court. The petitioner must also have a copy of the petition independently served on her spouse. The responding party then may file a response with the court within 30 days of having been served with the petition. Just as with the petition, the response must be independently served on the petitioner. 

After the proper filing of the petition and response, the parties will exchange financial documents that show their assets, such as money and property, as well as their earnings. Assets attained during the marriage are normally considered to be marital property—that is—owned by both parties and subject to equitable distribution. Assets owned by a party prior to the marriage or attained after separation are usually considered the separate assets of that spouse. 

If the parties have not reached a mutual agreement for the terms of their divorce, the court will hold a hearing to allow both sides to present their views of how the assets should be divided, whether spousal support should be paid, custody plans, and child support for minor children. The court will ultimately issue a decree officially ending the marriage and spelling out the terms of the divorce. 

The process is pretty straightforward, but it can become very convoluted. Bitterness and anger often prompt excessive legal wrangling. In addition, complex financial issues, such as business and other asset valuation, can complicate the proceedings. 

If you need assistance in a family law proceeding, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

 

How to Help Your Kids during Your California Divorce

How to Help Your Kids during Your California Divorce

Looking for expert advice about how to help your children cope during your divorce is a solid first step. When children learn that their parents are divorcing, it can feel like their world is spinning out of control. Fortunately, as parents, you have a great degree of influence and can help your children adjust to this new chapter in their lives.

The single most important thing that parents can do to help their children cope with divorce is to keep the kids out of the conflict. Research has shown time and again that it is not divorce itself that leads to so many of the negative consequences for kids; instead, it is how the parents handle the divorce that is the best predictor of how kids fare.

Here are some ideas to help you avoid drawing your kids into parental conflict:

  • Don’t tell your children the details of why you are divorcing or place blame on the other parent.
  • Store important documents and communications, such as letters and emails, in a place where your kids won’t see them.
  • If it is safe to do so and abuse is not an issue, encourage your kids to stay in contact with the other parent and his or her extended family through phone calls.
  • Don’t vent about or discuss adult issues when your kids are around, and counsel your friends and family not to do so.
  • Don’t ask your kids to choose with whom to spend time; follow your custody and visitation schedule.
  • Don’t ask your children to spy on the other parent or to deliver messages or payments on your behalf.

In addition to keeping your kids out of your conflict, it’s important to spend time with your children, to listen to them, to reassure them of your love for them, and to validate their feelings.

For compassionate legal counsel during this difficult time, contact the experienced family attorneys at the Law Offices of Judy L. Burger. We will provide legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

What Happens When Bankruptcy and Divorce Occur Together?

What Happens When Bankruptcy and Divorce Occur Together?

Divorce is a stressful, life-changing event precipitated by many different causes, including financial difficulties. Indeed, the mere process of separating into two households can create irreparable financial fractures in a family’s budget. Unfortunately, separation and divorce sometimes lead one or both parties to consider filing for bankruptcy while their divorce case is pending.

Divorce proceedings are held in family court, which is a California state court. Family court judges preside over the proceedings, including matters involving spousal support, child support, and property and debt division.

Bankruptcy cases, on the other hand, are filed and heard in the federal court system. In fact, bankruptcy courts are specialized federal courts set up to deal with these issues.

If one or both spouses file for bankruptcy while their divorce proceeding is pending, it is wise to get legal advice right away. These dual proceedings present special issues and can impact the outcome of the divorce, including the property rights of both parties. Here are some examples of issues that experienced counsel can help you understand and protect:

  • whether it is best to file for bankruptcy separately or together, assuming both spouses wish to file;
  • whether it is better to file for bankruptcy before or after a final divorce decree is granted;
  • the effect of the discharge of a community debt on a spouse who does not file for bankruptcy; and
  • the effect of a final divorce decree on a spouse’s ability to discharge a debt in bankruptcy.

At a minimum, if a bankruptcy case is pending, that court will have to approve any proposed division of community property in the divorce case. Additionally, it is important to note that neither spousal support nor child support may be discharged in any type of bankruptcy.

In some cases, when only one spouse files for bankruptcy, it is in the other spouse’s best interest to file a special type of complaint in the bankruptcy case.

If you need assistance in a family law proceeding, you should consult with an experienced California lawyer, especially if bankruptcy is or may become an issue for you or your spouse. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

Study: Working Together as Parents Can Prevent Mental Health Issues in Kids of Divorce

Study: Working Together as Parents Can Prevent Mental Health Issues in Kids of Divorce

A recent paper brings positive news for kids of parents whose marriage is on the fritz: Parents can play a meaningful role in preventing their kids from suffering from mental health issues post-divorce. Research has long shown that kids suffer mentally from a divorce, however, the new research review shows that this result may be preventable.

A pair of authors from Portugal reviewed 11 studies published over a 14-year period before drawing their conclusions. They considered only peer-reviewed empirical papers “that aimed to assess the association between coparenting and psychological development or function in children with divorced parents.”

Their findings are not surprising. The authors report that the fact of divorce is not what tends to lead to negative consequences, such as anxiety and depression. Rather, the way joint parenting is approached after a divorce “has a significant impact on children’s mental health.”

Three findings were particularly telling:

  • When children were exposed to conflict in co-parenting, they “were more likely to have issues with problems such as attention deficit.”
  • “Children’s perception of their parents’ coparenting predicted anxiety and depression” in those children.
  • Lower levels of child self-esteem were associated with “coparental hostility and conflict.”

This review suggests that parents can positively impact their children’s mental health reactions to divorce by presenting a positive coparent relationship. In the study review, a positive relationship was associated with better “academic performance and psychosocial wellbeing of children.”

If you want to minimize the effects of your divorce or separation on your kids, it is important to separate the problems in your personal relationship with the other parent from your respective roles as coparents moving forward. From this standpoint, the recent study confirms what many people likely suspected.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters and can advise you about many of the consequences of divorce. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Is There a Season for Divorce?

Is There a Season for Divorce?

If you suspect that divorce filings might be more likely at certain times of the year, you are right. A recent University of Washington analysis showed that filings spiked not once, but twice, each year, leading some in the media to proclaim that there is a “season” for divorce.

The researchers reviewed 15 years of divorce filings in nearly all counties in Washington state, then compared what they found with filings in four other U.S. states.

The results were consistent across all locations examined: filings jumped in March and August.

The researchers noted that those filing for divorce seemed to avoid three times of year:

  • Valentine’s Day;
  • summer vacations; and
  • the winter holidays.

They speculated a few potential reasons for the timing of the filings:

  • a concern that”[w]inter and summer holidays are culturally sacred times for families,” when it might be “taboo” to announce intentions to divorce;
  • the stress created by winter and summer holidays, which might lead people to “decide their differences are irreconcilable right after a big trip”; and
  • dashed expectations for family time or positive expectations during the holidays.

The authors also thought that the beginning of the school year might press unhappy spouses into action.

Interestingly, the biannual pattern held true even when the researchers controlled for “other seasonal factors such as unemployment and the housing market.”

If you need help in a California family law matter, contact the attorneys at the Law Offices of Judy L. Burger. We will provide the compassionate, competent legal support you need. Make the call today to learn how our attorneys can help: (415) 293-8314.

Will a California Judge Listen to My Child’s Preferences About Custody?

Will a California Judge Listen to My Child’s Preferences About Custody?

If you have ever wondered whether a judge will listen to your child’s preferences about custody or visitation, you are not alone. There is a short answer: Yes, under certain circumstances. However, there is much more to the story, and there are common misconceptions about the effect of the child’s preferences.

To understand the longer answer, you have to start with California law. In 2012, the California State Legislature enacted a law to give children more of a voice in custody and visitation matters. The law applies when a child is mature enough by “age and capacity to reason so as to form an intelligent preference” about custody or visitation.

The law has a specific provision when the child at least 14 years old, specifically with regard to how the child’s preferences are obtained and presented to the court. For these older children, the court “shall consider, and give due weight to” the child’s wishes unless doing so “is not in the child’s best interest.”

For kids less than 14 years of age, the court may permit the child to express his or her wishes if it is “appropriate pursuant to the child’s best interests.”

Any time a court does not allow a child to testify as a witness, the court must allow alternative means to obtain the child’s input. For example, the court may be informed of the child’s preferences through the child’s lawyer, an evaluator, or a mediator.

There is a common misconception that a court will necessarily do as the child asks.  This is not true. Even when the court does hear from the child, the court is not bound to follow the child’s preference. Rather, the court’s guiding principle is the best interest of the child. For this reason, the court can consider issues such as parent manipulation of the child and the child’s desire to avoid parental rules or discipline.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in child custody and visitation matters and can advise you in detail about how courts deal with these issues. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Protect Yourself: Update These Documents after a Divorce

If you are recently divorced, you need to make sure you update key documents. Many people remember to change the name on their driver’s license, credit cards, and so on. While that is important, there are other documents that are arguably more so; the failure to change certain documents could result in a different distribution of your property than you might intend.

Whether or not you initiated the divorce proceedings, you probably have strong feelings about whether you want your ex to have your property or insurance benefits if something happens to you. Unfortunately, too often, people overlook or postpone dealing with this issue, with potentially disastrous results.

Here is a list of some of the types of documents you will want to update:

  • employment documents, such as payroll data and withholdings;
  • financial documents, such as bank and brokerage accounts, as well as credit cards;
  • government and identification documents, such as your Social Security card and driver’s license; and
  • documents that relate to the ownership of property, such as car titles.

Beneficiary designations should be at the top of your list. You will need to identify all of these, which typically include insurance policies, retirement plans, financial brokerage accounts, and bank accounts that are payable on death (POD).

Other critical documents that need immediate attention are your will, any trusts, and any powers of attorney or advance directives. California Probate Code § 6122 provides that a divorce automatically revokes certain aspects of a will. However, that automatic revocation may cause other unintended consequences where property is concerned.

Even if you are relatively healthy, life is unpredictable. To ensure that your wishes are carried out, it is best to update your key documents and to consult with an experienced California lawyer who can help you identify important issues that may result from your divorce.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters and can advise you about many of the consequences of divorce. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Parental Access to Child Non-Medical Records

Parental Access to Child Non-Medical Records
One of the rights a parent has with respect to his or her children is the right to receive or review the child’s important records. Access to child records allows a parent to advocate for his or her child and to parent more effectively. This blog will discuss parental access to dental and school records.

California Family Code § 3025 specifically provides that parents have access to their minor child’s medical, dental, and school records. Under this law, it does not matter whether a parent is the custodial parent or not. You can read more about parental access to child medical records at my earlier blog here.

Parents also have the right to access their minor child’s dental records unless one of the following applies:

  • The child is emancipated.
  • The child is on active duty.
  • The record relates to certain restricted topics, such as sexual assault, communicable or sexually transmitted diseases, or alcohol abuse.
  • The dentist determines that releasing the record may harm the patient.

The California Education Code provides parents with wide-ranging rights relating to their children. Many of these rights relate directly to child education records:

  • notification of child absenteeism;
  • standardized and statewide test performance of the child;
  • class curriculum materials;
  • child progress; and
  • “academic performance standards, proficiencies, or skills their child is expected to accomplish.”

Leaving no room for doubt, the law also specifically provides that parents “have access to the school records of their child” and that they have the right to question inaccurate or misleading information in their child’s records. When a parent does this, the school is legally required to provide a response to the parent.

An experienced California family lawyer can be an invaluable advocate for you and your children. If you are involved in a difficult divorce or separation and have questions about your rights, contact the Law Offices of Judy L. Burger. We have decades of experience in contested divorce and custody issues, and we will put our experience to work for you. Call (415) 259-6636 to get started today.