Category: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute, child custody hearing, child custody mediation, sole child custody

Child Custody Child Visitation Family Law

How to File for Sole Child Custody

Post author By Scott
Post date December 17, 2014

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.

Work with a Family Law Attorney

The first thing you should do if you are seeking sole child custody is to hire a family law lawyer that works with child custody cases. You’re going to need to prove the other parent is unfit to raise your child by demonstrating evidence of either a history of neglect or abuse, addiction to drugs or alcohol, or other reasons. A family law attorney can help you build your case while also explaining what can and can’t be used as evidence. You will also want a family law attorneys advice on your state’s specific laws regarding child custody.

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.

Source: WikiHow, How to File for Full Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, custody agreement, filing for sole custody, joint custody, sole child custody, sole custody

Child Custody Child Support Child Visitation Family Law

Parenting Plan

Post author By Scott
Post date December 15, 2014

Deciding on child visitation rules often means putting together a parenting plan, which will outline each parent’s role in the development of the child, or children, they share. There are a great many things to consider when putting together this plan. Here are a few things:

Considerations for Parenting Plan

Put the needs of your child first while putting away your emotions.
Put everything in writing. This will help to hold each parent accountable, while also serving as a way to help you remember what was agreed to.
Parenting time cannot be restricted or denied, unless a court has decided that a parent has problem with substance abuse or domestic violence.
Do not use your child as a pawn to get “info” on the other parent. Remember that being ping-ponged between parents can be an emotional time for a child.
Agree to all holiday time and visitation well ahead of time to avoid arguments.

Keep Records

Even though you have come to an agreement regarding your parenting plan, it’s still important to keep records regarding pick up and drop off dates, times, if a parent is late, on time. Recording the “good” times and the “bad” times will paint a fair picture, should you need to prove anything in court. Also, remember to be fair – things will go wrong, on both your side and your co-parent’s.

Working with a Family Law Attorney

Working out a parenting plan can take some negotiating. A family law attorney can help ease any tensions that exist between you and your ex-spouse. A family law attorney will also be able to create a legally binding contract that will hold up in court should you have to go to trial.

Source: Divorce Source, 100 Things You Must Know Before Creating a Parenting Plan (otherwise known as a custody and visitation order), 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Child Support, child visitation, Parenting Plan

Child Custody Domestic Violence Family Law

Safe Ending to Domestic Violence Situation

Post author By Scott
Post date December 12, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Four young brothers are now safely in police custody after being at the center of an alleged domestic violence situation.

Rescued and in Police Custody

Four young brothers were rescued after a dramatic hour-long standoff on a San Diego freeway overpass. The boys disappeared along with their parents, Daniel Perez, 43, and Erica Perez, 39, almost a week ago. An Amber Alert was issued following the discovery of a woman’s body in the trunk of the family’s Honda Accord. The woman was dead, and while police are still working to identify the body, it is presumed to be Erica Perez.

Tracking Down Alleged Domestic Violence Abuser

Utilizing Lo-Jack, police officers were able to track down the 2014 four-door Toyota Camry Daniel was driving at the time of his arrest. Police were able to stop the car on the overpass. Shortly after, two of the boys ran from the car towards police officers. Two other boys remained in the car along with Daniel. After a tense standoff involving at least ten police cars and the father of the boys, two specialized SWAT vehicles moved in to surround the car from the front and the back. At that point Daniel emerged from the driver’s side, while the two remaining boys emerged from the passenger side.

Daniel was tackled by police officers after making what appeared to be an attempt to climb over the freeway railing. The two sons that had remained in the car with him were surrounded by police.

Daniel was then taken into custody. All four boys appear to be unharmed and have been taken into custody by police.

History of Domestic Violence

According to family members, Daniel and Erica’s marriage was unstable, and the two had a history of domestic violence.

The four brothers, Jordan, Alex, Jaiden and Tristan Perez, aged 6 to 11, and their parents have been missing since Dec. 5, according to police.

Source: NBC Los Angeles, Boys Rescued After Amber Alert Standoff, December 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Domestic Violence

Child Custody Child Support Child Visitation Divorce Family Law

Child Custody Decisions

Post author By Scott
Post date December 5, 2014

There are a number of key questions that need to be raised when it comes to child custody rights. There are multiple considerations that need to be made when a court determines a custody ruling. Here are some things you should educate yourself on if you are facing a child custody dispute.

Divorce and Child Custody Decisions

Decisions regarding child custody are usually arrived at through the help of attorneys and mediators or by the court. More specifically, either two parents are able to come to an agreement either through informal settlement negotiations or mediation, or a court (usually a family court judge) needs to decide for them.

Unmarried Parents

Often times custody and visitation rulings can be a more simplified process when a child’s parents are unmarried. This is because the focus can be given to he child custody dispute, rather than being spread across other issues such as division of property and payment of spousal support. In cases with unmarried parents, the family court’s primary consideration is usually identifying the child’s “primary caretaker.”

Non-Parental Child Custody Decisions

Sometimes relatives like grandparents, aunts, uncles, and close family friends wish to obtain custody. Often states label these cases “non-parental” or “third-party” custody, or obtaining “guardianship.” Each state has specific statutes regarding these cases. Working with a licensed attorney in your area will help ensure you follow the rules of your state’s court.

Source: FindLaw, How Child Custody Decisions Are Made, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child custody case, child custody dispute

Child Custody Child Visitation Divorce Family Law

Child Visitation During the Holidays

Post author By Scott
Post date November 26, 2014

With Thanksgiving tomorrow, and the rest of the holidays just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during this time of year.

Eliminate the Stress of Holiday Child Visitation Schedules

There’s no reason why coordinating your child visitation schedule should add stress to the holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

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

Source: Our Family Wizard, Coordinating child custody during holidays, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child visitation, Divorce

Child Custody Child Support Child Visitation Divorce

Parental Rights Initiation: The Question of Equal Child Custody

Post author By Scott
Post date November 24, 2014

In North Dakota’s recent 2014 election, there was an interesting voter initiative on the ballot – the “Parental Rights Initiative.” If it had passed (it was defeated 62% to 38%) it would have required courts to award “equal parenting time” to both parents either in the separation process, or divorce. Though the law didn’t pass, it does shine a light on the on-going debate about how child custody cases are decided.

History of Child Custody

The issue of deciding child custody has a long history in the nation. Colonial Americans, following English rule, maintained that a father should retain the custody of his children upon divorce. This was standard practice until the early 20th century, when motherhood and women as “caregivers” became the norm. As divorce became more common during the 1960’s, there was a large shift towards gender equality and the importance of both parents in a child’s upbringing.

Custody Indivisible

Despite the shifts between one parent being favored over the other, one thing remained true: custody was indivisible. One parent would raise the child, while the other parent would have visiting rights. But shared custody has become more socially and legally accepted as parents have started shouldering more equal parenting responsibilities. And rather than relying on judges to determine “in the best interest of the child,” separating and divorcing parents have started to take on the task of creating their own enforcable “parenting plans” for their children.

Parenting Plans

Parenting plans are custody agreements, often put together with the help of a mediator. They are meant to be flexible, but also detailed, outlining each parent’s responsibility in the raising of the child. This idea of coming to an agreement fits more in line with healthy child development. An agreed to plan means the child does not get stuck between warring parents duking it out in damaging litigation. It can create a more harmonious living situation for all involved, and most importantly, for the child who is caught in the middle.

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

Source: The Washington Post, There’s a great way to figure out child custody. Most divorce courts don’t use it., November 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights

Child Custody Domestic Violence

Fatal Child Custody Exchange

Post author By Scott
Post date November 21, 2014

According to Orange County sheriff’s officials, a Mission Viejo man shot and killed his wife during a child-custody exchange. He then shot himself.

Shooting

Deputies found the bodies of Scott E. Gimbell, 50, and Linda Sachs Gimbell, 44, of San Clemente, after responding to reports of shots fired at an apartment complex in the 26800 block of La Alameda in Mission Viejo. The bodies were found lying outside Linda’s vehicle in the parking area of the apartment complex. The Gimbels’ 13-year-old and 7 year-old children were also present during the shooting, but were not injured.

Child Custody Dispute

It’s believed that parents were handing off their daughter and son to one another in a custody exchange when the shooting occurred. Allegedly, the two had separated, and were embroiled in a custody dispute. The incident is being handled as a murder-suicide, according to authorities. Investigators believe Scott shot his wife with a handgun before killing himself. Their 13-year-old daughter called 911.

The Gimbel’s

Both Mr. Gimbel and Mrs. Sachs Gimbel had worked in the financial services industry. Mr. Gimbel founded Citywide bank in 1999. By 2005 Citywide was one of the nation’s largest mortgage brokerage firms. She had worked as a sales manager for Deutsche Bank prior to joining Citywide Mortgage Corporation. Linda’s friend, Jamie Melim wrote on Facebook: “My heart aches at the loss of a beautiful friend. She was smart, amazing and sooo funny! She was tragically taken from this world last night. She left behind two young children and a family that absolutely adored her.”

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

Source: Los Angeles Times, Man fatally shoots wife, then himself during child-custody exchange, November 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child custody exchange

Child Custody Child Support Child Visitation Family Law Paternity Spousal Support

Miller Custody Battle

Post author By Scott
Post date November 20, 2014

When You Might Consider a Lawyer for Personal Injury Claims

An agreement has finally been reached in the custody battle between Olympic skier Bode Miller, 37, and his ex-girlfriend.

Custody Battle

Five-time world champion Miller and ex-girlfriend, Sara McKenna, 28, a student at Columbia University, have been stuck in a bitter custody battle over their 18-month-old son, Samuel. The two have struck a deal just on the eve of a trial where each were expected to bring witnesses to testify to the psychological impact of the the temporary joint custody arrangement was having on Samuel. The two were also in disagreement regarding the amount of child support McKenna had requested.

Previous Custody Ruling

McKenna is a retired Marine who is attending Columbia on the GI Bill. She gave birth to Samuel during her first semester at Columbia in New York. Prior to the baby even being born, Miller was awarded custody of him in California court. Initially, a New York family court judge supported the California ruling and thus, ordered McKenna to surrender Samuel to Miller. A judge in the Appellate Division in Manhattan overturned that decision, ruling that a custody decision needed to be made in New York (not California) because the baby had been born in New York. As a result, McKenna and the Samuel were reunited. Over the past year McKenna and Miller (along with his new wife, volleyball player Morgan Beck) have shared custody, splitting time between California and New York.

McKenna and Miller

McKenna and Miller had a brief fling while McKenna was in California and McKenna got pregnant. Allegedly, when she got pregnant, Miller did not want to take part in Samuel’s life. Thus, McKenna enrolled in the veterans program at Columbia. She had already accepted the scholarship to Columbia and made plans to move to New York when Miller filed for custody in California.

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

Source: Daily News, Bode Miller settles custody fight for son with ex Sara McKenna, November 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550