Category: Child Visitation

Divorce Law LA blog posts about child visitation.

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Child Custody Child Support Child Visitation Family Law

How To Get Child Support After Judgment

You’ve received a judgment that the other parent is supposed to make child support payments to you. What’s next?

Receiving Child Support Payments

After you have received a child support court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.”  Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Failing to Pay Child Support

There are serious consequences for not paying child support. You can be held in contempt of court if you have the ability to pay child support but do not make the payments. This can mean jail time. If you are unable to make child support payments due to loss of job, or gap in employment, you should contact a family law attorney, or the court to avoid jail time or fines.

Source: California Courts, Collecting a Child Support Order, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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

Child Custody and Move Aways

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

  • Is the child stable in the current child custody arrangement
  • Where is the new location? How far away is it from the remaining parent’s household?
  • Financial impact (for both parents)
  • Age of the child
  • How is the current relationship between the parents and the child?
  • How is the co-parenting relationship between both parents?
  • What are the child’s wishes (dependent on the child’s age)?
  • Are there special accommodations needed for the child? Are they available in the new location?
  • What’s the reason for the move?
  • Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away.  You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

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 Domestic Violence Family Law Marital Property Division Spousal Support

Legal Separation Compared to Divorce

The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

Understanding Legal Separation

Typically, spouses that seek a legal separation don’t want to get divorced, or aren’t get ready for divorce, but want to live apart. During this time of living apart, it’s important that certain legalities surrounding money, property, and parenting are agreed to, in order to avoid disputes. Often times legal separation is the first step towards divorce. And the formal judgment that is issued during legal separation can help address and resolve aspects of a marriage. Working out these various aspects of a marriage can help ease the tension of a divorce, should it go that direction. But spouses who are legally separated are not legally free to marry because a neither spouse’s legal status is returned to “single” in the separation process, unlike the divorce process.

During a legal separation your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce.

Issues Addressed in Legal Separation

Typically, during the separation process various things are dealt with, including: child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

  • Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
  • Staying legally married for 10 years allows couples certain social security benefits.
  • The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
  • In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
  • Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Source: Legal Match, What Is Legal Separation? 2014

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

Child Visitation Supervision

Children, Sports, and the Increasing Number of Brain Injuries

Often times a court will rule one parent has “supervised child visitation” rights. Type of supervision will fall under two categories: nonprofessional and professional. Here’s what it means for visitation to be “supervised.”

“Supervised Child Visitation”

California’s law governing child custody awards is based on protecting the best interest of a child. Because of these, a judge will sometimes rule that a child only have contact with a parent when a neutral third party, or supervisor, is present. Thus, “supervised” visitation.

Reasons for Ruling for Supervision

A judge may decide on supervised visitation for many reasons. These can include, but are not limited to the following:

  • A visiting parent might need an opportunity to address a specific issue.
  • When a parent and child are reintroduced after a long period of absence.
  • When a parent is first being introduced to a child
  • When a parent has a history of domestic violence, child abuse and neglect, or substance abuse.
  • When concerns about mental illness have been expressed
  • When there is a potential abduction threat.

In addition to a “supervised” ruling, the court will also order specific times and durations for the meetings. The court will also specify what type of supervision will be required during the visits: either professional or non-professional.

Professional and Non-Professional Supervision

There are two types of supervision: professional and non-professional. Non-professional providers are usually family members or friends. A professional provider is trained and experienced in child visitation visits. For a fee or service, they attend the visits. They also follow a standard uniform of practice.

A provider’s main purpose for attendance is to keep the child or children safe during the visit. They must not only be present the entire time, but are also required to listen to what is being said, while also closely monitoring the child’s or children’s behavior. If the supervisor deems it necessary, they are able to interrupt or end a visit. They are required by law to report suspected child abuse.

 

Source: California Courts, Supervised Visitation, 2014

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 Mediation Modification to Family Court Orders Paternity

Appealing a Child Custody Ruling

Statistics indicate over 195k people die from malpractice

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.

Source: eHow, Preparing a Child Custody Appeal, 2014

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 Mediation Paternity

Preparing for Your Sole Child Custody Mediation or Hearing

Keep a Journal in Your Personal Injury Case

One you have file 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

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.

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

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

How to File for Sole Child 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.

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

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 Family Law

Parenting Plan

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

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

Child Custody Decisions

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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