Family Law Blog

How is Child Visitation Time Decided?

Friday, June 29, 2018

If you are splitting with your spouse, you might not care so much about the property and other assets in your marriage so much as you care about if you will ever get to see your children again. However, many going through this process are confused as to how the process of deciding visitation actually works. Who even decides? Is it the courts or is it the parents?

The truth is that when deciding visitation, it is a bit of both. When deciding child custody, the courts will always examine the facts and make a decision on what is best for the child. Ideally, they will want to prefer joint custody, but will decide a primary custody holder. Afterward, they will also recommend a visitation schedule.

Once primary custody rights have been assigned, the actual realistic visitation schedule will be sorted out with the parents. Obviously, if one parent decides to move to a different town, it may not be feasible to have visitations every weekend. That schedule could disrupt the child's school and life schedule. Instead, it may be decided that they visit every other weekend with longer stays over school holidays.

However, if the primary custody holder is not adhering to the recommended visitation schedule, unfortunately for the non-primary custody holding parent, they have little choice but to return to court. Before returning to what could be an expensive court battle, it is important that the non-primary custody parent seek the advice of a lawyer to look over the original court orders. If the courts laid out a visitation schedule and the primary custody holding parent is technically still in compliance, you will not have much of a case.

If you are going through a divorce where child custody is likely to be an issue, then you need to contact us today. What you need more than anything else is skilled legal counsel to make sure that you still get to see your kids again after divorce.


What to Consider Before Moving Out of Your Marital Home

Friday, June 22, 2018

woman moving out of house

If you and your spouse have made the decision that divorce is the right option, there is a lot for both sides to consider. If the decision for divorce was made due to contention in the relationship, you may be eager to move out of the marital home to ease some of that negativity. However, before you do so, there are some considerations that you need to keep in mind. By simply moving out, you may be putting yourself at a disadvantage.

Ownership Rights

When you move out of your marital home, you aren't relinquishing your ownership rights, but it can affect how property is divided later. Furthermore, while not living in the home, you still have to maintain insurance and pay the mortgage. Only when the home is refinanced or sold does this take you off the hook. Your lender doesn't much care if you are living there or not.

Custody

When custody is decided, the courts will want to impact the child's life as little as possible. This can often mean they will want them to stay in the same home that they know. If your spouse is the only one living in that home, it may give them an edge in the custody battle.

Finances

This is probably the most important aspect to consider. You both may want one person to move out of the family home just for a little space to craft your new lives. However, divorces are expensive and you both might not yet have the funds to support splitting into another household. If you are paying rent for an apartment and a mortgage, it will severely drain marital finances, and no one wants that.

If you are starting the divorce process and need help making sure you get what is fairly yours from your dissolving marriage, contact us today.

Modifying Child Custody in Calfornia

Thursday, June 14, 2018

Few issues in divorce become as emotionally-charged as matters concerning a couple's children. While couples can often be more open to compromise on many other considerations, child custody can quickly become quite contentious when the parents have differing opinions. 

California state law makes the health, safety, and welfare of children the primary concern for courts in making decisions relating to child custody. Both parents are assumed to have equal rights to custody. 

Couples may enter into joint custody agreements. Joint legal custody refers to both parents having decision-making powers regarding a child's health, safety, and welfare, while joint physical custody refers to equal time relating to both physical custody and decision-making issues. Joint custody schedules typically involve parents using alternating weeks or series of days every week.

In other cases, parents may agree to make one party the primary custodial parent while the other is the noncustodial parent. A noncustodial parent sees a childless often than a parent with joint custody, usually on an every other weekend schedule with a night or two of dinners that do not include overnight stays. 

Problems can arise in custody agreements as the result of any one of a number of external factors. One parent may need a schedule adjusted because of a new job, or one parent might not be complying with the original custody order. 

In order to modify a child custody order, the parent submitting the petition will need to prove a significant "change in circumstances." Courts may require couples to agree to mediation before a court hearing when one party seeks to modify a child custody order. 

If you need to modify a child custody order or your former partner is seeking an adjustment you do not agree with, you will want to contact Jamra & Jamra as soon as possible. Our experienced family law attorneys can work to help you achieve the most favorable possible outcome to your case. Contact us today to receive a free consultation.

Ways to Dissolve a Marriage in California

Thursday, June 07, 2018

Getting a divorce can be very emotional and stressful for the parties involved. However, understanding the legal requirements can help you put things into perspective. There are two ways to dissolve a marriage in California and both have very different requirements.

The first way to dissolve a marriage is by filing for Divorce. Each state has its own statutes for divorce.  Some states have fault-based grounds for divorce such as adultery, desertion or cruelty. However, California has is a non-fault based state. This means that you must state that there are irreconcilable differences.  

Another ground for Divorce in California is incurable insanity. You must prove that at the time of filing the petition your spouse has a permanent legal incapacity to make decisions. The court requires testimony from medical doctor or psychiatrist.  

Before the court will enter a judgment for divorce either you or your spouse must have resided in California for 6 months and 3 months in the county where the case is filed. 

The second way to dissolve a marriage is by filing a petition for an annulment. The California statute sets out several conditions that could nullify a marriage. A marriage may be voidable if you can prove incapacity, inability to consent, bigamy, fraud, consent obtained by force, incest, or either party or both were of unsound mind. The court can also award you attorney's fees if it finds that you are the innocent party.  

Divorce and annulment cases can be very complex and difficult to handle on your own. You should enlist the help of a qualified attorney to help you. Jamra & Jamra is a law firm with skilled attorneys who can help you sort out the complexities of your divorce case. If you need help navigating the process for dissolving your marriage contact us today.