Categories
Child Custody

A Father’s Child Custody Rights

If you’re a father facing divorce, there might be a question on your mind: Will my wife be automatically granted child custody rights?

 No!

The answer to that question, is “no.” As long as the two of you are married, you have the same legal rights to your children that your wife does. And you will have joint legal custody and joint physical custody of your children unless a court determines otherwise. Just because you are the father does not mean that you automatically lose your right to custody of your children. 

What You Can Do to Defend Your Right to Child Custody

But just because you have a legal right, that doesn’t mean you’ll always have a legal right – especially if your wife wants full custody. Here are some things you can do to protect yourself:

  1. Consult an attorney – if this is possible, do so before either party has filed for divorce. An attorney will be able to file a custody petition and an access order and thus protect your rights as a father.
  2. Have your attorney compose a written agreement with your wife’s attorney regarding the children. This should outline where the children will live, visitation schedules, and how child related expenses are to be handled.

Use Your Legal Rights to Child Custody

Men often have a misconception that the Family Court System favors women. But rather, you need to use the court system in a way that helps rather than hinder. Don’t be scared off because of your preconceived ideas regarding family court. Rather, find a way to get involved and stay involved. Proving that you are willing to fight for your custody rights shows that you deserve custody rights. 

 

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

Source: Divorce Support, Can My Wife Take The Children If She Leaves?, 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 Custody: A Child’s Best Interest

Unfortunately, child custody disputes very rarely come down to being decided in the best interest of the child. A lot of factors weigh in. It’s necessary that you work with a skilled attorney that can present the facts of your case. 

Where Child Custody Gets Nasty

Battles between parents can be scary, but typically children having to deal with warring parents face years of watching conflicts in the form of:

  • Parents yelling at each other;
  • Arguments in public places or at custody exchange places;
  • One parent putting down the other;
  • One parent denying financial support as means of getting back to the other parent;
  • Attempts to get a child to take sides.

Focus on Parents

Often times the courts are more focused on the parents and if they can get along well enough to follow the court orders. Often times the legal battle of it all makes it difficult for a willing parent. It can be especially difficult in cases where one parent has more money than the other, and can thus afford a lawyer that can build a stronger case.

Building a Case for the Child

Many decisions go into the awarding of child custody. And a court will sit down and evaluate the case objectively, with a focus on the facts that are presenting. These facts include: the history of each parent’s relationship with the child, any evidence of abuse or neglect, a detailed understanding of the child’s health, safety, education, and general welfare. A court will also take a look at the current status quo arrangement. From this outsiders perspective, a judge will be able to rule based on the child’s best interest. 

 

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

Source: Social Work Helper, Intense Child Custody Disputes are Rarely About the Best Interests of the Child, October 3, 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 Divorce Family Law

Sherri Shepherd Divorce and Child Custody

While Sherri Shepherd and soon-to-be ex-husband, Lamar Sally filed for divorce months ago, Shepherd is now just opening up about that divorce and the baby they had via surrogate. 

Sally

Sally has said the two are in the process of negotiating responsibility for the newborn, while Shepherd contends they were “in court.” Sally has been more open about the divorce and court cases. He says that Shepherd has yet to meet the baby, and that he has also asked her to put her name on the baby’s birth certificate. The child has been named “L.J.” for Lamar Jr.. “I think it’s the worst thing in the world for L.J. to look at his birth certificate at 16 and see it says, ‘Mother unknown,'” he explained.

Shepherd Mum’s the Word

Meanwhile Shepherd has said little. “We don’t talk but I’m on my knees praying a lot for him,” she said about her ex. “I have a lot of lawyers… and it’s very public and it’s very painful. For me, I’m not Tori [Spelling] and Dean [McDermott]: I’m not paid to talk about my life.” In addition to this divorce, Shepherd has also recently gone to court with her first husband, over the custody of their 9-year-old son, Jeffrey. Shepherd won her case for retaining custody of him.”Anybody who knows me knows that I live for my son,” she gushed. “He is everything to me. That’s my baby.”

Lawyer

Tackling divorce and child custody issues can be a very difficult process. There are many different ways to build your case. A family law attorney will be able to walk you through the process if you are facing either. 

 

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

Source: ABC News, Inside Sherri Shepherd’s Divorce and Custody Drama, September 17, 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

Parental Gatekeeping in Child Custody Cases

“Parental Gatekeeping” might not be an everyday word for intact families, but it does impact and come into play fairly often in child custody cases.

What is “Parental Gatekeeping”?

Parental Gatekeeping is the act of facilitating and/or restricting the relationship one parent has with a child. When a parent is restrictive with parental gatekeeping they often place limitations on communication or access to the child. This is often done for the child’s protection in cases where there has been physical abuse, neglect, or substance abuse.

Unreasonable Gatekeeping

Gatekeeping can also be done for unreasonable reasons – as an attempt to harm the relationship between a child and the second parent. This can be done in all forms – verbally attacking the other parent, restricts communication between the parent and child, or restricts the time the parent is allowed with the child, or purposefully tries to destroy the relationship the child has with the other parent. When this is done, a certain question arises – is the parent doing the gatekeeping just as dangerous as the other parent? And if this is the case, should that parent also lose custody rights? This can get tricky when it comes to child custody law – especially since states like California do not have specific family codes that punish this type of gatekeeping.

California Law

Parenting time, lack of co-parenting, as well as false allegations surrounding parental care all play into custody cases. But oftentimes judges do not take all of this into consideration in equal ways. The undefined nature of “parental gatekeeping” needs to be taken into further consideration. In litigious divorce and child custody cases it can be difficult for a judge to get a full vision of the child’s life. A court will always rule in the best interest of the child, and will base its decision on numerous factors.

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

Source: Huffington Post, Are Child Custody Laws That Treat Parental Gatekeeping Like Child Abuse Long Overdue?, August 12, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co