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Learning How to Co-Parent

It’s easy to do.  You get a text message from your ex-spouse about not wanting to give up “their time” with the children you share to accommodate for a scheduling issue that you’ve run into. So you fire back a snarky text that sets off World War 3.

And then your son approaches you with: “I saw the texts you sent.”

It’s hard to remember that “parenting” is the main portion of “co-parenting” because it’s so easy to get caught up in the “co” portion.

Divorce

Divorce is not easy, and it often brings out the worst in us. We become the 14 year old girl or boy obsessing about every little thing. This can be especially true if there is any residual hurt due to a person leaving, or cheating, or falling out of love. Yes, it hurts, and it sucks, but whatever the reason for your divorce, it is never a good enough excuse to pull your kids along through the hurtful ride of roller-coaster emotions.

The key to establishing a good co-parenting relationship is to remember that your kids are part you and part your ex-spouse. And hopefully this realization will help you manage those angry, frustrated, and sad emotions.

Managing Emotions

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“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face. There are some tips that can help though! Here are some tips from parents who have actually found the magic combination to a successful (meaning they don’t completely resent each other) co-parenting situation.

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

“Take time to reflect on how your behavior and your decisions are affecting your child,” says Peskin-Shepherd. “Especially where there is constant disagreement, try to accept that you are not going to change the other person and find a way to make something work without being dependent on the other parent’s response.”

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

“Our expectations that two people who didn’t get along when they are married will suddenly be able to co-parent without some help is not reasonable,” Peskin-Shepherd says.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths (This Might Be Very Difficult)

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Commit to Cooperating

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

IndependantContractorAgreement

Get it in Writing

Peskin-Shepherd advises parents to put everything in writing. That means that all plans and agreements should be kindly communicated to the other parent. This should be part of your working situation. If it’s in writing, it is harder for one person to argue about the agreed arrangement. This should be done for even the smallest things if you know that there is potential for arguments later down the road. This is especially necessary for vacation time and scheduling, agreements regarding financial decisions, and paying for child’s needs. A majority of these things will be part of your child custody agreement, but anything that comes up out side of that should also be agreed to in writing.

Vacation time and money issues are common post-divorce problems, says Peskin-Shepherd. “Parents can agree on how to pay for extracurricular activities, summer camps, boots and winter coats,” she says. “Have a mindset of cooperation to avoid problems. Likely the compromise your ex-spouse is asking of you today will be the one you need tomorrow.”

Set High Intentions

Keely Henry dealt with an ugly divorce. She did not want it to affect her son, Sullivan, 8. “I knew I could not let this ugly experience lead our lives,” she says. “I was going to have to communicate with my ex over the course of our son’s life. The only thing to do was set the ideal on a higher notion, above emotional distress.”

Because of that, Henry and her ex decided to celebrate holidays and birthdays with Sully together, which means including Henry’s new life partner and her ex’s partner, the woman that her husband left her for. “We all collaborate on my son’s parenting, with his dad and I as the final sayers,” she says. “It really is simple. Set the goal for the higher, not the lower.”

Let Go of Wanting Control

Even thirteen years after their divorce, Jodi Rubin and her ex-husband disagree about the same things they did not agree about when they were married. But they’ve been able to reach a place of mutual respect that allows them to co-parent their three children, Jordan, 19, Paige, 15, and Ethan, 13.

“It’s not about you,” says Rubin. “Instead of worrying about each other, worry about the kids. It’s a parent’s job to turn their children into productive and emotionally healthy adults, and you can’t do that if you’re focused on each other.”

wistful

Silence your Support System

Your friends and family will want to defend you, but there’s nothing helpful about your mother sending your ex a nasty email. The support system should remain impartial, and if they’re not, you need to intervene.

“There were times I had to check my mom as she ranted and raved about what went down,” Henry says. “Or girlfriends – awesome friends who had not been married or had children – not understanding how I could handle some of the things the way I did. There were moments I could hardly do anything but scream and cry – and I did, but on my own watch. There will be tough times. You can get something positive from them.”

Keep Your Ego in Check

It goes without saying that you’re going to doubt your parenting ability and fear that your children will want to be with the other parent. But you have to resist the urge.

“It’s easy to see your ex-spouse as a threat,” says Tucker. “Remind yourself that your ex is also your children’s parent and would also step in front of a bus for them. Trust that they also have your children’s best interests at heart.”

Says Braunstein-Cohen, “Be totally honest with yourself. Everyone has ego involved; they want their child to know they were not at fault, that they are a better parent. Let it go and really think about what makes your kids happy.

“Obviously you don’t agree or sometimes even like each other very much – that’s why you got divorced,” she adds. “Get over it.”

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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

The Financial Side of Divorce

Divorce is difficult. You are both figuring out what your new lives will be once the divorce agreement is signed. One of the hardest aspects to resolve during divorce is the finances.

The Financial Side of Divorce

Mark Zandi, a chief economist at Moody’s Analytics, who has researched divorce and corresponding demographic trends has found, “Divorce generally results in a significant financial setback for all those involved.”

What used to feel like a joint effort between two people can turn into an all out war. Because of the potential to start World War III, there are things that you can do to prepare yourself for at least the financial aspect of the end of your marriage. Careful planning in advance can help you avoid getting to the battlegrounds unarmed.

Preparing Your Finances for Divorce

The first thing you want to do is create an inventory of all of your assets. This includes your debts too. You need to understand your families assets and liabilities. Have copies or at least access to tax returns, statements from all accounts, household bills and any other important records. Additionally, put together a list of valuable property that includes shared real estate, collectibles, furniture, and antiques or pieces of artwork.

You will want to put everything in writing, in a qualified domestic relations order, or QDRO. This is a legal document that spells out how you and your spouse have decided to divide certain retirement assets such as 401(k) accounts, says Page Harty, a financial planner at wealth-management firm SignatureFD.

It’s crucial that you do not overlook anything valuable. This could cost you significant amounts of money when it comes time to divide marital assets. There are often cases when a spouse will hide an asset from the other in an attempt to get more money or retain ownership of something they hold valuable. Sometimes this cannot be avoided, but sitting down, finding a clear head, and making a list of every asset you are aware of can help prevent this from happening to you (unless of course your spouse has never made you aware of the asset he or she is hiding).

Your shared debts are important too. Just because the marriage is ending, that does not mean that the debt will just go away. Try to pay these debts off before the divorce is finalized. If that’s not possible, make sure you have a clear agreement on which spouse will pay which debt.

house

 

The House

It’s tempting to want to keep the house. This is especially true for couples that have school-aged children. It can already feel as if you’re destroying their lives, let alone forcing them to move out of the house they used to feel so safe in. But remember that a house is a big expense, and one that might not be worth fighting for. It’s often advised that splitting couples sell the house and split the proceeds. This way, both parties share in the risk and cost that is associated with a selling a home, says financial planner, Matt Mikula.

Mikula shares this example of a client of his. The mother of four had been awarded custody of the couple’s four children in addition to the family’s $1.5 million home and $500,000 in other assets. Not wanting to disrupt her children’s lifestyle, she wanted to keep the house.

But taxes, utilities, maintenance and other expenses amounted to about $50,000 a year. The client had little other means, in terms of assets and income to cover those costs. As a result, according to Mikula, “she was going to run out of money.”

In the end, the client decided to sell the house. This was six years after the divorce, and due to economic reasons, she received 20% less than what it had been valued at during the time of the divorce.

Additional Expenses

Housing is a huge expense, but it’s not the only one. Other expenses will need to be taken care of, including how much your family spends on food, clothes, and other essentials, like health insurance, which according to financial planners, can be steep.

There are also the unknown expenses. Ms. Church, a financial adviser at Raymond James Financial shared this story. After her divorce, her daughter was invited to play on a volleyball team that traveled extensively. Suddenly she needed to come up with about $400 to $500 a month to cover the hotel rooms, meals and other expenses associated with her daughter playing on this team. Ms. Church says, “there will be unforeseen expenses.” Because of this, she advises her clients to be aggressive when they sit down and figure out their post-divorce cost of living. This is especially true if there are children involved. She also advises to include the impact of inflation.

Stop Seeking Revenge

It’s obvious from almost every tabloid story on divorce that divorce can get ugly when it comes to finances.

One key reminder to keep in mind: The less you spend, the more you keep.

What that translates to is: the more you argue about petty things, the more time you will spend, which automatically translates to the more money you will spend.

Regardless of how terrible the reason is for your divorce, try to remember that the more money that gets put towards the divorce is less money that will be available for the settlement.

Financial planner Rose Swanger has this example to share: Her client was married for more than 20 years to a surgeon that earned a seven-figure income. He had cheated on her, and as a result, the two were divorcing. The woman was seeking $300,000 a year in alimony. According to Swanger, the amount she sought was unrealistic due to the fact that the couple owned two heavily mortgaged houses in affluent neighborhoods, and were also paying private-school tuition for their children.

The woman had already worked with two lawyers, running up tens of thousands of dollars in legal fees by the time she consulted Ms. Swanger, who ultimately dropped her as a client. As a result of the ever-increasing legal bills, the woman’s credit score suffered a large hit.

“I don’t blame her for trying to retaliate, but I warned her that a calm divorce is the best divorce,” Ms. Swanger says.

Every dollar spent during the divorce process is a dollar that cannot be split 50-50. It’s advised that you look at your divorce as a way to strike a favorable business deal rather than a chance to seek revenge.

Taxes and Divorcemoney and divorce

Before the divorce paperwork is signed you need to make sure you review what your agreement will mean around tax time. There are different tax laws regarding alimony and child support, depending on what side of the agreement you are on. Be sure that your lawyer or financial adviser explains this before you finalize the financial aspects of your divorce. An agreement that looks equal on the surface might be completely unfair when it comes to tax time.

Financial planner Monica Garver, worked on a case where the husband proposed a division of assets that worked out to be roughly an even split at face value. He proposed keeping $2 million from after-tax investment account and giving his soon-to-be ex-wife $2 million in tax-deferred retirement accounts.

“Each and every dollar [in the retirement accounts] had to pass through the hands of the taxman before the spouse could put it in her pocket,” says Ms. Garver. She encouraged that her client seek more of the couple’s assets to compensate for the money lost to the taxman.

Don’t Forget!

Before you can consider yourself free from your spouse there are some other financial matters that might not seem obvious.

Be sure to update your will, says Ms. Vasileff, a financial planner. Not doing this can put your intended heirs in a difficult situation, she says. She advises you will also need to update a health-care proxy or a power of attorney that names your former spouse.

Lastly, transfer any titles for any real estate, cars, investment accounts or other assets that were held jointly into your name, says Harty of SignatureFD. She also advises a big thing: change the passwords on your accounts, too.

Also, if there was something agreed to in your divorce, like a requirement that your former spouse purchase a life-insurance policy and name you as the beneficiary, you should make sure that the premiums are being paid and that you remain the beneficiary, Ms. Harty says. One option to ensure this is being done: Ask for periodic confirmation from the insurance company.

A Family Law Attorney

There are a number of things that need to be considered during a divorce. You and your spouse will need to come to an agreement that settles every aspect of your marriage.  Child support, spousal support, marital property division can all be agreed to through the process of mediation. Working with a skilled mediation attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Divorce Family Law High Net-Worth Divorce

Brad Pitt Cleared After Abuse Investigation

Now that Brad Pitt has been cleared of any wrongdoing following an investigation into a possible child abuse incident, what will this mean for the Angelina Jolie-Brad Pitt child custody agreement?

Brad Pitt Cleared After Abuse Investigation

The Los Angeles County Department of Child and Family Services (DCFS) has cleared Brad Pitt following an investigation of an alleged incident of abuse involving Pitt and one of his children. The accusation and launch of the investigation happened just one day before Jolie filed for divorce.
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According to court documents, Jolie is seeking sole physical custody of the couple’s six children — Maddox, 15; Pax, 12; Zahara, 11; Shiloh, 10; and twins Knox and Vivienne, 8. But last week, Pitt filed his response to her divorce filing and requested joint custody of their children.

As part of their current agreement, Jolie has custody, while Pitt is allowed “therapeutic visits.

Forms of Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

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Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Divorce Family Law High Net-Worth Divorce Paternity

Brad Pitt Finally Sees Children

Last week Brad Pitt saw his children for the first time since it was announced that he and estranged wife Angelina Jolie were divorcing. During the visit, a monitor was present, however, not all of the children were.

Brad Pitt Finally Sees Children

Following the announcement of the super couple’s divorce, just two years and one month after their marriage, it was revealed that Jolie would be seeking physical custody with visitation and legal custody rights for Pitt.

Shortly after the announcement, Jolie and Pitt came to a temporary custody agreement which granted Jolie temporary sole custody of the couple’s six kids while Pitt received visitation rights. Additionally, both parents agreed to participate in individual counseling and that Pitt’s initial visit with his children would be with a therapist. At that time nothing had been mandated for supervision or monitoring.

It was also revealed that a therapist would be present for all visits with Pitt until October 20. Pitt also volunteered to complete drug and alcohol testing but it is not legally required.

Brangelina Divorce

Jolie filed for divorce from Pitt on Sept. 19. Shortly after allegations arose of an altercation between Pitt and eldest son, Maddox.

Despite the fact that Jolie currently has temporary sole custody, it’s been reported that she does not wish for that to be a permanent agreement and has hopes that the couple will be able to co-parent in the future.

“He really wants to see the kids and to work out an arrangement that is best for them,” an insider close to Pitt revealed. “[He] wants to work things out privately and amicably.”

Forms of Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

42028258_s

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

law generic

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Divorce Domestic Violence Family Law High Net-Worth Divorce

Pitt Faces Allegations of Abuse

It appears that Brad Pitt might have a bit of a custody fight on his hands amid new allegations of child abuse.

Pitt Faces Allegations of Abuse

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Last week it appears Angelina Jolie’s camp launched a story about Brad Pitt allegedly getting into a physical altercation with oldest son, Maddox, during a flight from France to the U.S. Website TMZ announced last week that Pitt had allegedly got “verbally abusive” and “physical” with Maddox during an incident last week.

While Pitt has not addressed the allegations, a source has confirmed that Pitt was inebriated at the time of the incident and that he Angelina Jolie were involved in an argument. Additionally, there was a “parent-child argument which was not handled in the right way and escalated more than it should have.”

According to another source, “Brad made contact with Maddox in the shoulder area, and there was absolutely no physical injury to him.” The source went on to explain, “He is emphatic that it did not reach the level of physical abuse, that no one was physically harmed. He put his hands on him, yes, because the confrontation was spiraling out of control.”

Pitt has six kids with Jolie. Maddox is their eldest and is the only child Jolie had adopted on her own before the couple were together.

Irreconcilable Differences

Jolie cited irreconcilable differences in her divorce filing a few weeks ago. The couple has been together for 12 years, but only married for two. Jolie is seeking sole physical custody of all six kids and has requested that Pitt be given legal custody and visitation rights.

It is unclear how these allegations will affect the decisions regarding child custody. It appears the FBI is evaluating if an investigation into the allegations needs to happen. If an investigation does follow, its findings will most likely play a huge role in the determination of child custody rights awarded to Pitt.

Domestic Violence Allegations

Domestic Violence can be defined as a “violent confrontation that occurs between family members or between people who live together or are in a dating relationship. Domestic violence follows a broad spectrum of participants but always involves abuse in one form or another, whether it be physical, psychological or emotional. Whether you are referring to a domestic violence dispute between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter or some other familial combination, domestic violence carries with it longstanding emotional and psychological scars that extend far beyond the physical.

In a large majority of domestic violence cases the woman is most often the victim, however not in all. Weapons are sometimes employed, property is damaged and alcohol and drug use are often at the source. In the state of California, domestic violence is not taken lightly and you should seek legal assistance if you or someone you love has been the victim of a domestic violence situation. A skilled Pasadena domestic violence attorney at the Southern California Divorce Law LA are here to educate and support you through this process.

Domestic Violence Misdemeanor Conviction

In terms of Family Law, a misdemeanor conviction for domestic violence carries mandatory jail time and can result in the unfortunate loss of custody of your children or visitation privileges. Other negative impacts may be a loss of employment, incarceration, excessive fines and legal fees and possible deportation if not a US citizen.

Regardless of whether you are a man or a woman, in the state of California, a domestic violence misdemeanor conviction suggests that your ability to safely care for your children as their primary custodian is questionable. You will be presumed unfit for their ongoing care and responsibility. Losing your children over a domestic violence dispute is a tragic repercussion that impacts all parties involved, most notably your child.

If you have been convicted of a domestic violence misdemeanor, according to federal law you cannot legally carry a firearm and if you are a law enforcement officer or military personnel, a domestic violence conviction often signals the end of your career.

What Constitutes Domestic Violence

Regardless of whether a dispute occurs between spouses, domestic partners, boyfriend and girlfriend, parents and children, same sex couples, blood relatives (siblings, cousins, aunts, uncles, grandparents, etc.) or housemates – all domestic violence disputes between the above combination of individuals carries the domestic violence charge. Domestic violence misdemeanors remain permanently on your record and can be used against you in future crimes for 7 years following initial conviction. Offenses compound, and aligning yourself with a skilled Pasadena Domestic Violence Attorney is essential to fully understand your rights and to seek a reduced sentence and favorable outcome.

Domestic Violence and Child Custody

If you believe your co-parent is unfit to take on parenting responsibilities, you will most likely want to work with a family law attorney that will be able to handle a request for sole child custody. Your lawyer will help you prepare a petition to be granted sole cusotdy and once you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

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Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

Categories
Child Custody Child Support Collaborative Law Divorce Family Law High Net-Worth Divorce

Brad and Angelina Settling Behind Closed Doors

Considering Brad and Angelina have lived much of their private life behind closed doors, it makes sense they would look to settle their divorce in a similar manner.

Brad and Angelina Settling Behind Closed Doors

When Brad and Angelina first started dating 12-years ago it was on the eve of Pitt’s divorce from Jennifer Aniston. While “Brangelina” was “undercover” for a while, the couple allegedly began their relationship while on the set of their movie Mr. and Mrs. Smith. The couple was wed two years ago in 2014 and have 5 children: 15-year-old Maddox, Pax, 12, Zahara, 11, Shiloh, 10, and 8-year-old twins Knox and Vivienne.

For many couples, a collaborative divorce can make all the difference when it comes to settling a divorce.

Collaborative Divorce

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As Family lawyer Nathalie Boutet explained, amicable and collaborative divorces or “conscious uncoupling” allows couples to avoid any  unnecessary conflict. This type of conflict prolongs and publicizes negotiations, explained Boutet. According to her, “[Conscious uncoupling] is simply thinking about the consequences of your actions…it’s making plans rather than reacting to emotions like fear, anger or revenge.”

During a collaborative divorce process a team of four people—lawyers for each spouse, a mental health coach and financial professional – sit down and work together to create a solution for each spouse regarding everything that needs to be decided: child support and visitation, spousal support, and marital property division. Collaboration is done face to face so that each spouse is able to voice his or her own opinion. The team allows open communication and negotiation. The process allows people to work together as a team of negotiators to come to an emotional, financial, and legal solution.

Less Expensive and Less Time Spent

According to Jenkins, when a divorce goes to court, you can pay $100,000 just to get to the courthouse steps. An average collaborative can save you a ton of money, as the average one costs about $32,000. “People are raiding their retirement accounts just to pay for divorces,” said Rackham Karlsson, a collaborative attorney. “Going to court can be more expensive, more time intensive and corrosive for children.”

An average collaborative divorce takes three to four months to reach a settlement. When it comes to standard divorce, there really is no timeline. In fact, some divorces, when extremely litigious, have been known to drag on for years as spouses fight over property and spousal support, and who will receive the wedding china.  And because a standard divorce decision is left up to a judge to decide, there is very little control you have over timing and outcome with a case that goes to divorce court.

Divorce

A Good Alternative

There are numerous reasons why people choose the collaborative divorce process over the standard divorce process. The main reasons are that it’s less combative, and the final agreement feels more organic and more of well, an actual agreement than a decree. A couple is able to save time, money, and maybe even some headaches if they are able to work as a member of the collaborative divorce process.

Irreconcilable Differences

Jolie cited “irreconcilable differences” as their reason for the end of their marriage.

“Irreconcilable differences” is often the cited reason for a divorce filing. Filing “irreconcilable differences” means there is no hope that the couple will be able to resolve the problems they have with each other to be able to save the marriage. Some states use the term ” irretrievable breakdown of the marriage” instead of “irreconcilable differences.” You will need to check with your state’s terminology and grounds for divorces as each state has different requirements regarding what can be cited as the reason. A divorce attorney will be able to advise you on your state’s specific laws regarding grounds for divorce.

California is a no-fault state. “No-fault” means just that –  neither party is at fault for the end of the marriage. So neither spouse is able to be found “guilty” for committing any sort of extenuating act, such as adultery, abandonment, or extreme cruelty.

High Net-Worth Divorces

It’s been estimated that Pitt has a net worth of $240 million and Jolie’s is estimated at around $160 million. Combined, the couple’s net worth is estimated to be $400 million.

Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” If you find yourself in this financial situation, having a skilled Pasadena High Net Worth Divorce Lawyer on your side to maneuver this unique set of divorce circumstances is essential.

For individuals who carry a significant net worth, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Regardless of a person’s net worth, all divorce proceedings should follow a similar protocol awarding equal treatment and regard for the allocation of property, finances and matters relating to children and a High Net Worth Divorce attorney is extremely beneficial for wealthy individuals with much to lose from a divorce.

In general, most divorces follow a series of events that are relatively standard in their unfolding and pertain largely to individuals of a low to medium socioeconomic bracket. This demographic of couples comprise the bulk of divorces in the United States. Many individuals, however, require the expertise of a skilled High Net Worth Divorce Attorney who can assist them through the more complicated process of their divorce based on their higher level of income and High Net-Worth. Knowledge of such specific legal situations as creating and enforcing prenuptial agreements, estates, international property holdings, various investments, high incomes and/or professional licenses is essential, and a skilled High Net Worth Divorce Attorney at the Southern California Law Offices of Divorce Law LA can provide just such assistance.

Co-Parenting

Co-parenting is a crucial part of your child’s life. You will not be able to raise a child successfully if you do not get a handle on this. No child wants to see their parents fighting, or feel as if they are being tugged between two sides of a war.

You might need to consult a therapist or lawyer to get some groundwork laid for this new relationship. Bottom line: just try to be adults. You might have to dig deep to find that “adult” in there, and you might not want to, but you have to, for your child’s sake. Find an approach that will work for you (for the both of you) and then start from that point.

Kids Interests First

Putting your child’s best interests above your own are the only way to build a successful co-parenting situation while creating an amicable relationship with your ex. You two don’t need to be best friends that talk a million times a day. You just need to find a way to make this work, kind of like being assigned to a lab partner in high school that you just couldn’t stand. You had to work together to get through the assignment and to get the A+ grade that you wanted. If you could make that work in high school, you can make this relationship work as an adult.

This can be done in a number of ways:

  • Work out a method of communication. This can be done through email or text. Being able to write it down helps to create a “paper trail” should there be disputes. But this is also a great way to just remove the emotions and stick to the fact.
  • Remove the emotion during interaction – either in person or via communication
  • Schedule it out. This means weekly routines as well as vacation and other important events.
  • Be flexible
  • Commit to being cooperative. This might be a stretch, but you will need to cooperate.

This is not always an easy process, but once you have these basic things under your belt, it will be easier.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce

What The Pitt-Jolie Divorce Might Mean For Their Children

According to court documents released this week, Angelina Jolie and Brad Pitt’s marriage is coming to an end. The couple listed their separation date as September 15, just two years and one month after they married in August 2014. Jolie is seeking physical custody with visitation and legal custody rights for Pitt. Below we discuss just what Pitt and Jolie might be facing as they determine their divorce agreement.

Forms of Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

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There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

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Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Move Away Court Orders

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

  • Is the current child custody arrangement stable?
  • Where is the new location? How far away is it from the household of the remaining parent?
  • What will be the financial impact (for both parents)?
  • Age of the child
  • What is the current relationship between the parents and the child?
  • Are the parents able to co-parent?
  • What are the child’s wishes (this is often dependent on the child’s age)?
  • Does the child require special accommodations? If so, are these accommodations available in the new location?
  • Reason for the move
  • Any additional factors

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law Paternity

Hartwell Suggests Paternity Test

Ed Hartwell and Keshia Knight Pulliam got married 7 months ago and just recently announced they are expecting a child together. Which is why it came as such a shock that Hartwell just filed for divorce, and now appears to be questioning the paternity of the child.

Hartwell Suggests Paternity Test

As Pulliam, 37, explained during her Kandidly Keshia podcast, the two were married in a secret ceremony on New Year’s Eve. “It was my dream,” Pulliam said. “We did it literally in our living room in our home. We invited people. They had no clue they were coming to a wedding.”

Seven months later, it looks like former NFL player Hartwell, 38, has filed for divorce, citing irreconcilable differences. But there’s one more thing Hartwell is questioning – the paternity of the baby.

“Right now, the only thing I want is a paternity test for the baby,” he told TheYBF.com via his rep.

Determining Paternity

There are numerous reasons for why you would seek to prove the paternity of your child‘s father. These reasons are not just for being able to receive child support. Being able to legally prove paternity also opens the door to the ability of your child receiving legal rights to social security or Veteran’s benefits, or possible inheritance – in the event that the birth father passes away.

What is Paternity?

Paternity is “the state or condition of being a father.” It’s important to establish this for numerous reasons – we will go into this further below – but either the mother or the father of the child may file the Petition to Establish Parental Relationship of a child. When paternity is established (should it not be evident) through a paternity test, a court will make decisions on the issues of child custody, child support, and child visitation.

Reasons for a Paternity Test

Financial

It can be hard to raise a child on one income. A mother seeking child support compensation will need to prove that the man she is seeking child support payments from is actually the father.

Un-Located Fathers

Often times a woman seeking child support will have to deal with a father that cannot be located. Most states have measures in place to track down these fathers that claim they are not the father.  Once a man is located, a court will issue a paternity test to determine if the man is the father. This will then determine if the man needs to provide child support.

Helpful for Fathers

Paternity tests determine if a child is yours or not.  If you are unsure of your paternity, a paternity test is the only way you will be able to legally say you do not need to make child support payments.

A Note About At-Home Paternity Tests

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While many “at-home” paternity tests exist, only tests taken in court-approved locations can be deemed as legally official. These paternity tests require an approved official, such as a laboratory employee, to collect DNA. The test cannot be handled by either parent in order to prevent possible tampering.

Establishing Paternity

To establish paternity, you will need to do the following:

  • If you were married to your husband when your child was born, it is legally assumed that you are the legal father.
  • If you were not married when your child was born, you must legally determine the father of the child through a court-approved paternity test. This test will be the definitive answer on paternity.

Prove Paternity Cases

When parents are unmarried at the time of conception or birth of a child it can be difficult to establish paternal rights through a paternity case. Because these types of cases can be complex, it helps to consult an experienced family law attorney. Below are some legal guidelines for paternity cases.

California Family Code section 7570

California Family Code section 7570 states “there is a compelling state interest in establishing paternity for all children.” This is because “establishing paternity is the first step toward a child support award.” Paternity is used as basis for child custody and visitation orders. A father’s paternity must be determined in order for the child to receive the following: health insurance, social security, military benefits, and inheritance rights. The code states, “knowing one’s father is important to a child’s development.”

California’s Procedure For Voluntary Paternity

California has an established procedure for establishing voluntary paternity. When a child is born and the parents are unmarried, the parents are able to sign a Declaration of Paternity that establishes they are the legal parents of the child. Signing this form is completely voluntary for both parents.

This declaration can be signed at the hospital when the child is born. If signed at the hospital, the father’s name will go on the child’s birth certificate. This means that the mother does not need to go to court to prove who the father of the child is.

You are not obligated to sign the letter at the hospital. But, if the parents decide to sign this form after the child’s birth certificate has been issued, a new birth certificate will need to be issued with the father’s name.

Signing this form when you are unmarried parents saves both parties, as well as the court, time and money when it comes to determining paternity.

Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

1. Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

2. Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

3. Joint Custody

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Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

4. Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parented that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Filing For Sole Custody

While most courts favor joint custody, if you feel the parent you share a child with is unfit you can file for sole child custody of your child. Here are the steps to do so.

File Correct Forms

You’ll want to either work with a court clerk or your family law attorney to determine which forms you’ll want to use when petitioning for sole child custody. The type of petition you file is dependent on your specific circumstances. Here are some examples of petitions to file:

  • petition to update existing child custody orders
  • petition to establish custody
  • petition to establish paternity and install custody

Make sure your family law attorney reviews all forms prior to your submission. This will ensure everything is filed correctly and in the way that will ensure the outcome you want. Make a copy for yourself and for the other parent. The court will keep the original.

Get a Mediation or Hearing Date

Once your sole child custody petition is filed, you will get a date for either a mediation session or court date. Both you and the other parent need to be present at this date in order to meet a final agreement regarding the child’s custody.

Work with a Family Law Attorney

The first thing you should do if you are seeking paternity or having to deal with custody disputes is hire a family law lawyer that works with child custody cases. A lawyer will be able to help you decide your best course of action based on your situation. Additionally, it’s important to remember that filing for child custody does not necessarily mean you get child support. But a child custody order does not automatically give you child support.

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Family Law

Madonna Battles Guy Ritchie for Child Custody

Madonna and Guy Ritchie are currently locked in a child custody battle over 15-year-old son, Rocco.

Madonna Battles Guy Ritchie for Child Custody

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Madonna’s child custody issues began at the end of last year when son Rocco decided to leave his mother’s Rebel Heart world tour to visit his father in London and remain in London rather than return to the US. Madonna applied for legal action under the Hague Convention – which deals with the abduction of children – for the return of Rocco, but has since terminated that action.

Judges on both sides of the pond have urged the couple to come to a decision. During the handing down of his ruling, Judge MacDonald said: “At the root of these proceedings… is a temporary breakdown in trust. For all the media coverage, comment and analysis, this is a case born out of circumstances that arise for countless separated parents the world over.

“I renew, one final time, my pleas for the parents to seek, and to find, an amicable resolution to the dispute between them.”

Judge MacDonald’s sentiments echo those of  New York judge Deborah Kaplan, who told both parties: “No one is disrupting his household other than the inability of the parents to reach a resolution.”

Forms of Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so, and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

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Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own, or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Move Away Court Orders

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

  • Is the current child custody arrangement stable?
  • Where is the new location? How far away is it from the household of the remaining parent?
  • What will be the financial impact (for both parents)?
  • Age of the child
  • What is the current relationship between the parents and the child?
  • Are the parents able to co-parent?
  • What are the child’s wishes (this is often dependent on the child’s age)?
  • Does the child require special accommodations? If so, are these accommodations available in the new location?
  • Reason for the move
  • Any additional factors

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co