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Child Visitation Family Law

Understanding Supervised Child Visitation

Often times, as part of a child custody ruling, a court will rule one parent has “supervised child visitation” rights. Here’s a little more information on what it means for visitation to be “supervised.”

Why “Supervised Child Visitation”?

California’s public policy on child custody is to protect the best interest of a child. And sometimes, based on what has been presented in court, a judge will rule the child only have contact with a parent when a neutral third party is present. Thus, the visitation rights are “supervised.” Reasons Behind Ruling

A judge may rule for supervised visitation for many reasons, such as:

  • To allow the visiting parent an opportunity to address specific issues;
  • In the case of reintroducing a parent and child after a long absence;
  • In the case of introducing a parent to a child;
  • A parent has a history of domestic violence, child abuse and neglect, or substance abuse;
  • When there are concerns of mental illness; or
  • If there is a parental threat of abduction.

A court will order specific times and durations for the visits. The court might also specify who will provide the supervision during these visits.

Supervised Child Visitation Providers

A supervised visitation provider’s main responsibility is to keep the child or children safe during the visit. The provider might be a family member, a friend, or a paid professional. A provider must be present at all times during the visit. Additionally, they are required to listen to what is being said, while paying close attention to the childs ‘s or children’s behavior. If the provider deems it necessary, they may interrupt or end a visit. And legally, all providers must report suspected child abuse.

Types of providers

According to law, there are 2 types of supervised visitation providers:

  • Nonprofessional providers – usually family or friend who is not paid to provide their supervision
  • Professional providers – trained and experienced with providing supervision. They charge a fee for the service, and are also required to follow a uniform standards of practice.

The court order will declare which type of provider you will be required to have during these visits.

 

Source: California Courts, Supervised Visitation, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Child Custody Child Support Child Visitation Divorce Family Law Move Aways (Child Relocation) Paternity

Anxiety in Co-Parenting Situation

It’s not uncommon to feel uneasy in a co-parenting situation. This is especially true if the arrangement is a new one. Here are a few tips to how to get comfortable with your new way of life.

Dealing with Co-parenting

Co-parenting often means a radical change to the way you used to schedule your life and your kids’ lives.

Separation Anxiety

You might feel nervous being apart from your children, and knowing that you won’t be able to see them for a while (while they are spending time with the other parent). The best way to deal with this is to call it out for yourself and name it. This can be as simple as saying, “I am feel separation anxiety being away from my child.” Then identify what’s causing you to feel this way. Is it because it’s a new situation? Is it because you don’t trust the other parent? Or are you just not used to having a free night? Working with a therapist can help you work through these feelings if you’re not able to address them on your own. And if you’re nervous because you fear for your child’s safety, you might want to consult a lawyer.

Communication

Work out a plan for regular communication when your children are away. While it shouldn’t feel like you’re trying to dominate the other parent’s time, it’s completely fair to have a check in via phone or email. You should also have a plan for communicating with the other parent. Maintaining open and good lines of communication is key to addressing your anxiety. If you two are not able to be civil during in person or on phone conversations, take it to email, where you can state the facts of what needs to be addressed without getting emotional.

Custody Agreement

If at any time you feel there has been a violation of the custody agreement, take a step back and evaluate how big the violation is. If it’s an incident where the other parent is 15 minutes late to dropping of your child, maybe let it go. If this becomes a habit you might want to address it through altering your schedule or coming up with a new plan. If the parent refuses to drop off your child, that’s the time to seek a lawyer.

For advice on child support and child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: AboutParenting.com, What if My Ex Refuses to Return My Kids? 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Child Custody Child Support Divorce Family Law Spousal Support

Considerations for a Short-Marriage Divorce

Sometimes marriage doesn’t work out. And sometimes, you realize that fairly quickly. If you’ve only been married for a short amount of time and are now considering divorce, there are some factors you’ll want to consider.

Short-Term Marriage: Not Uncommon

Short-term marriages are not unusual. Some couples think that a marriage will help to heal a relationship. Factors such as not living together, or jealous thoughts can often feel “solvable” with a marriage. And that’s not often the case. According to the US Census Bureau, 11.5% of marriages that happened during 1995 to 1999 never lasted till the fifth anniversary. 

Divorce Considerations

Even after a short marriage it can be difficult to decide to divorce. Divorce hurts. While you might not have as many things that need to be ironed out, such as property division or child custody, they are all things to be considered and presented to a divorce attorney should you decide to work with one. You’ll want to provide the following information to your attorney: details of your marriage date, your income, your soon to be ex-spouse’s income, and employment status. You’ll also need to provide a lawyer with any property you owned prior to the marriage, and property acquired during the marriage (if any was acquired). You’ll also need to provide any information regarding children (if you have them or are pregnant at the time of the divorce). 

Working with a Divorce Lawyer

Seeking the advice of a divorce lawyer can be helpful. Just because your marriage is ending that doesn’t mean you should feel like you’ve failed. A divorce lawyer will be able to walk you through the divorce process, while also providing advice on how to get through this difficult time. 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Rosen Law Firm – North Carolina Divorce, The Short Marriage: Divorcing after a Year (or Two), 2015

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Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Divorce Family Law

Ryan Adams and Mandy Moore Decide to Divorce

The self titled album that Ryan Adams released in 2014 had a more gloomy and downcast tone than previous releases. That tone was initially attributed to to singer’s battle with Ménière’s disease (an inner ear disorder that affects balance and hearing) and the death of his grandmother. But perhaps there’s another reason for the singer’s melancholy: his divorce from singer Mandy Moore.

Divorce

After 6 years of marriage the rocker and pop star are splitting up. In a joint statement released by the couple it was announce that “Mandy Moore and Ryan Adams have mutually decided to end their marriage of almost six years. It is a respectful, amicable parting of ways and both Mandy and Ryan are asking for media to respect their privacy at this time.”

Marriage

Just four weeks after announcing they were engaged, the singers were married in March 2009 in Savannah, Georgia. The two have collaborated on multiple songs through the years. Adams worked with Moore on her next studio album. Moore also sang back-up vocals on Adams’ 2011 album Ashes & Fire and Ryan Adams‘ “Trouble” and “Am I Safe.”

Private

The two are notorious for keeping their relationship and marriage out of the headlines. Last year, Adams commented, “I’m a private person and I’ll be a gentleman and say I’m not talking about my marriage ever. I’ll never talk about it. Ever.” Adams is set to tour with Jenny Lewis this spring.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Rolling Stone, Ryan Adams and Mandy Moore ‘Mutually Decided to End Their Marriage,’ January 24, 2015

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Divorce Law LA

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Pasadena, Ca. 91106

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Divorce Family Law

Your Brain During Divorce

Divorce is an emotional time. It can lead to anger, jealousy, guilt, and lots of tears. And just about anything can set it off. But how do you manage it?

Your Brain on Divorce

There’s significant scientific research to show that the emotions you are going through during your divorce are unavoidable. The mind processes threats – either physical or emotional – in the exact same way – via the fight or flight mechanism. So when you are in the middle of that type of stress it makes sense that you’re going to feel a little bit (or a lot a bit) addled and muddled. Your emotions kick in and run wild.

Controlling Your Brain

The amygdala handles your emotions. So during these times of extreme stress it might be best to try and engage your prefrontal cortex – the part of the brain that is rational and processes your ability to reason. Finding a way to “think through” the stress is a powerful tool you’ll need and want to develop. But how?

1. Know the Signs – knowing the telltale signs of when you’re getting stressed out will help you be able to manage the feelings. Is your temperature rising? Pulse racing? Seeing red? Are friends close to you saying it might be time to calm down?

2. Take a Walk – a quick walk or jog can help get out some of that intense energy you’re feeling. A trip to the gym can help you get out the aggression you might be feeling. If anything, try to take some deep breaths while finding that quieter spot in your brain.

3. Relax – if you can’t get out and walk around, try to relax. Focusing on gratefulness or positive memories can help you regain your sane mind.

Working with a Divorce Attorney

Working with a divorce lawyer can help to ease tensions surrounding the divorce process. A divorce lawyer will be able to talk you through the process, as well as provide helpful suggestions on how to build your case and reach an agreement.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Your Brain On Divorce, March 4, 2013

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Child Custody Child Support Child Visitation Divorce Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Cannon Filed for Divorce Dec. 12

It looks like Nick Cannon and Mariah Carey have officially divorced. The two have been on rocky terms since last year.

Cannon Files for Divorce

Allegedly, the 34-year-old “America’s Got Talent” host filed for divorce on December 12. Cannon spoke openly about the two’s separation last year. Telling The Insider last August that the two had been, “living in separate houses for a few months.” He continued, “(Right now) my main focus is my kids.” Cannon has not been tight-lipped about the two’s separation, often taking to Twitter to express his kind feelings towards his ex-spouse.

Carey in the Spotlight

Carey, 44, was back in the headlines just a week prior to Cannon’s alleged filing after having shown up late to the taping of the Rockerfeller Center Christmas Tree Lighting.

“Last night’s situation was beyond my control. I apologize to all that showed up, you know that I would never want to disappoint you,” Carey tweeted to her 15 million followers. “You’ve kept me here, in your hearts, and I keep you in mine always. We are #lambily! #ThereForMe. I will be opening tonight’s live show in Rockefeller center with “All I Want For Christmas Is You”!!!!” The singer received criticism for not being able to hit some of her famous high notes while performing the song.

Just recently the singer revealed she will be heading to Las Vegas for a residency at Caesars Palace.

Marriage and Divorce

The two were wed in the Bahamas in April 2008. They share 3-year-old twins, Moroccan and Monroe. The terms of the divorce are not yet known, so it’s unknown if child custody has already been determined.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Daily News, Nick Cannon files for divorce from Mariah Carey: report, January 16, 2014

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Divorce Law LA

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Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division

A Cheap Wedding Might Save Your Marriage

A recent study done by two economics professors at Emory University, found a correlation between couples who went cheap on their wedding and the length of marriage. Turns out, cutting down on the big day splurges might actually indicate your marriage will last longer.

The professors also found similar link between less-expensive engagement rings and lower divorce rates.

The Study

The surveys were completed by 3,151 adults in the United States who are married, or have been married. The authors believe this is the first time the correlation between wedding expenses and the length of marriages has been examined.

The research also shows that women that spent more than $20,000 on their weddings were divorced at a rate roughly 1.6 times higher than women who spent between $5,000 and $10,000 on the big day. It also showed that couples who spent $1,000 or less on their nuptial ceremony had a lower than average rate of divorce.

Theories

Though the authors of the study, Professor Hugo M. Mialon and Andrew M. Francis, didn’t examine why this might be, they do have a few theories.

“It could be that the type of couples who have a … (cheap wedding) are the type that are a perfect match for each other,” said Mialon. “Or it could be that having an inexpensive wedding relieves young couples of financial burdens that may strain their marriage.”

Average Wedding Cost

According to a survey of 13,000 brides and grooms done performed by the wedding website, TheKnot.com, couples in the U.S. spent an average of $29,858 for their 2013 weddings.

“The wedding industry has long associated lavish weddings with longer-lasting marriages. Industry advertising has fueled norms that create the impression that spending large amounts on the wedding is a signal of commitment or is necessary for a marriage to be successful,” said Francis. “Overall, our findings provide little evidence to support the validity of the wedding industry’s general message that connects expensive weddings with positive marital outcomes,” he said.

The More the Merrier?

But maybe it’s not just cheaper = happier. It could also be that more people actually equals merrier. The study additionally found that the more people that attend the wedding, the lower the divorce rate.

“This could be evidence of a community effect, i.e., having more support from friends and family may help the couple to get through the challenges of marriage,” Francis said. “Or this could be that the type of couples who have a lot of friends and family are also the type that tend not to divorce as much.”

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNN.com, Want a happy marriage? Have a big, cheap wedding, October 13, 2014

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Divorce Law LA

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Pasadena, Ca. 91106

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Collaborative Law Divorce Family Law Mediation

Why You Might Consider Other “Divorce” Options

The fact that divorce is common in the U.S. is not a startling one. It’s almost common knowledge that one out of two first marriages end in divorce. And for second marriages, the rate is two out of three. When it comes to third marriages, nearly three out of four end in divorce. With how common divorce has become, it makes sense that more harmonious options have been put on the table – namely the process of a collaborative divorce. This approach focuses on finding a positive end result that satisfies both parties.

Collaboration and Collaborative Divorce

The process of collaboration is used to settle many different disputes that range from street gangs, competing businesses, and even disputes that happen between nations. Suzy Eckstein, a family law attorney and practitioner of collaborative divorce, believes clients and divorcing clients should be made aware of the option they have between choosing a standard divorce and a collaborative divorce. “Very often, a divorcing client comes to an advisor and asks for help and guidance around this overwhelming process,” she said. “It’s really important that they have an understanding of and information about their choices in the divorce process. And [collaborative divorce] has the potential to create more durable agreements that serve everyone and avoid repeated litigation.”

Multiple Experts Used in Collaborative Divorce Process

The collaborative divorce process “provides you and your spouse or partner with the support and guidance of your own lawyers without going to court.” During this process a couple will seek the expertise of multiple experts – financial, mental health, and child specialists. All these experts will work with the spouses’ respective attorneys to resolve differences and disputes.

Building Your Collaborative Divorce Team

Working with a trusted attorney to help compile a whole collaborative divorce team will be crucial to getting through the process. A lawyers skilled in collaborative law will be able to make suggestions and guide you through the process. This form of dissolving your marriage can be a less stressful and sometimes less expensive option. Because of this, it’s definitely an option you should consider.

For advice on divorce or collaborative divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ThinkAdvisor, Collaborative Divorce: A Win-Win Dissolution, August 25, 2014

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Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Divorce Domestic Violence Family Law

Marital Tort

Events that lead to divorce can be terrible – cheating, lying, etc…but what happens when those reasons enter into the legal territory of marital torts? And what are marital torts?

Marital Tort

Marital torts are essentially “marital wrongs” inflicted by one spouse on the other. Examples of marital torts include: infecting a spouse with a sexually transmitted disease, physical assault and battery, intentional infliction of emotional distress, marital rape, invasion of privacy, and wiretapping. When one of these grounds is believed to exist in the relationship, the victimized spouse is able to file a marital tort claim. In some cases, such as sexual violence and domestic assault and battery, criminal charges can be pressed at the same time.

Compensation for Wrongs Done

The courts explain that marital tort exists to “redress the violation of important norms, compensate victims and discourage unsafe behavior.” What this translates to is, if a tort is proven, then the spouse at fault will need to pay for the wrongs done.

Being about to sue your spouse is a relatively new phenomenon in the United States. Previously, spouses were not able to do so because of a concept known as inter-spousal immunity. Essentially, this took the view that wives were “property” of their husbands. This concept was deemed outdated in 1961 by the New Jersey courts.

Filing a Marital Tort Claim

You’ll want to consult an attorney if you think you have grounds for filing a marital tort claim. An attorney will be able to dress your specific state’s marital tort laws. Filing a tort claim can be a powerful tool to ensure justice is done.

Source: The Huffington Post, Beyond Divorce: The Surprising Reasons Why Some Spouses Sue Each Other, January 6, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co