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Making Sense of Custody Arrangements in the Era of COVID-19

Friday, November 13, 2020


Custody during the COVID-19 pandemic has not been simple. Parents accustom to a steady schedule of sharing the children have found themselves legally isolated either away from or enclosed with their kids. Whether you are the parent quarantined with the kids or missing your children for an unfair duration, we're here to help.

Quarantine and Custody Length

The fact that entire regions have been set under quarantine and ordered not to mix households has put a lot of pressure on divorced co-parents. We know that many parents are facing an extended time with their kids, past the normal exchange points.                                                                                                                  

Can You Trade the Kids Safely?

Yes, but only if you isolate for 14 days first. Both parents and the kids need to have 0 contact with others for 14 days - without symptoms - to be sure that it's safe to mix immunity bubbles. If you achieve a 14 day isolation, you can carefully exchange child custody.

What If One Parent Is Sick?

The good news is that children are very rarely harmed by this illness. However, they can carry the illness between parents, who are at greater risk. If one parent gets sick, move children to the other parent as soon as possible using the 14 day isolation rule.

Adapting Child Support to New Circumstances

Child support is calculated based on time supporting the kids each month. If COVID-19 has changed your schedule, you may need to adapt the child support terms. This can be done through online legal services to find the best possible solution for your current and near-future conditions.

Divorce Legal Services for New or Temporary Child Custody Terms

A divorce attorney experienced in child custody issues is the best person to help you with the current complex child safety situation. With a legal service, you can find the most mutually-productive and child-supporting solutions. Adapt your schedule, meet online, and make sure whoever is buying the kid's groceries receives the support they need. Jamra & Jamra is here to provide our expertise in guiding co-parents through this extended crisis.

Conclusion

Contact us to consult on your COVID-era child custody concerns.

What to Expect From a Child Custody Hearing?

Friday, October 23, 2020

Ideally, a child custody hearing is something you never have to go through. However, because of that, it is a bit of an unknown that is likely causing you stress. What will happen? How will everything be sorted? For your specific circumstances, your lawyer can (and should) give you a full rundown on what will happen inside that courtroom, but here is what you can expect.

Child Custody Hearing in Court

In truth, most child custody hearings, when they make it to the courtroom, are almost all finished up. Due to how pressed the courts are for time, you do much of the planning, debating, and agreement outside of the courtroom with your lawyer, your ex-spouse, and their lawyer.

What you can expect is to form a parenting plan with your ex-spouse. This will be a lot of mediation on what is fair time that the child gets to spend with each parent. It is best that you go into very specific details. The more details that are covered in a court-approved parenting plan, the happier everyone will be. Be sure to cover things like holidays, school vacations, emergencies, transportation, and vacations.

When you do enter the courtroom, usually you don't need to be ready to debate your side. If there is any disagreement on issues that you and your spouse cannot agree on, the judge will weigh in to make a more final decision. This decision will be based on not so much what is fair to the parents, but rather what is in the best interests of the child. Other than that, the purpose of going to court is so the judge can look over the parenting plan and give it legally-binding approval.

Learn More About What to Expect From a Child Custody Hearing

Are you going through a divorce and need help navigating this difficult process? Contact us today to see what the Law Office of Jamra & Jamra can do for you.

Stepparent Adoption: Terminating Parental Rights When the Biological Parent Doesn't Consent

Friday, September 25, 2020

While there are a number of benefits to a stepparent adopting their stepchildren, the process is not an easy one. A crucial step in the process before it can be made official is for the biological parent to consent to the adoption by surrendering their parental rights. Yet, too often the biological parent does not consent. If that is the case, can the adoption proceed?

If the biological parent does not consent to a stepparent adoption of their child and refuses to surrender their parental rights, you must seek to terminate those rights. This can be done by exploring three key avenues.

Abandonment

If you have an uninvolved biological parent, their rights can be easily terminated. If the parent has not communicated or financially supported the child for over a year, they qualify as having abandoned the child and will lose their rights.

Unfit as a Parent

If you choose to try to terminate parental rights through proving they are an unfit parent, the courts will hold a fitness hearing. They will examine various factors that go into this where in you can present evidence to support their unfit nature as a parent. In order to terminate parental rights this way, you must prove that they are abusive, neglectful, mentally unfit, addicted to substances, or have failed to visit for a certain amount of time. If the biological parent is incarcerated and will be for a long length of time, this can also qualify.

Proven Lack of Paternity

Specific to fathers of children, if the mother can prove that the child is not really the child of their supposed biological father, then that person will no longer have their innate parental rights. This can be quickly done by a quick paternity test.

Learn More About Stepparent Adoption

If you are attempting to adopt your stepchild or are having any other family law issues, contact us today. The Law Office of Jamra & Jamra can help you navigate these difficult waters.

Can a Pandemic Force Modification of Your Parenting Plan?

Friday, August 21, 2020

COVID-19 has had a profound effect on the world, and that extends into the sphere of family issues and family law. While you likely prioritized the safety of your child over any plans put in place by the court during the pandemic, with the loosening of the restrictions, you may find push back when it comes to adhering to what was set in place.

Contemption 

One of the biggest issues that some families will face now is having one party willfully neglecting the previously stated parenting plan. In many cases, parents put aside their differences and agreed to suspend the previous agreement to keep their children healthy. However, now that the world is getting back to normal, some will find that the other parent is not willing to go back. What do you even do then?

If there is no quarantine in place, neglecting the set parenting plan is contempt. You can then take your ex-spouse to court where the judge will weigh in on their willful contempt of a court-set parenting plan. The judge will examine the circumstances that have been going on. For example, if your ex-spouse was exhibiting signs of COVID-19 and refused to be tested, you will not be held in contempt for not following the parenting plan. You were prioritizing the health of your child just as the judge would have ordered. However, if they found that they were tested, and it was negative, yet you were still not complying, then the judge may order sanctions, make up time, and attorney fees to be paid.

Learn More About How the Pandemic Changes Your Parenting Plan

Do you have an ex-spouse that you feel is violating your parenting plan? We can help. Contact us today to see what Jamra & Jamra can do to help you get your family back to normal and make sure all your family law problems are handled safely and professionally.

Step Parent's Quick Guide to Teen Custody Questions

Monday, July 27, 2020

With the way modern families form today, custody and parenting questions can get pretty complicated. There are rock-solid families where the parents are not married, dedicated spouses raising step-children, and co-parenting teams with two to ten different family members working together. One of the most common "gray areas" of custody is the role of step-parents who may be acting as active parental roles with limited legal grounds to make decisions.

This is especially challenging for step-parents of teenagers who are often at least partially aware of their rights and have a great deal of choice in which parent they live with, if they choose to exercise that power. Being a good parent to a teenager requires a balance of giving space and enforcing boundaries, something that can be uncomfortable for even the most dedicated step-parent. You may be wondering where your real enforceable authority begins and ends. As a child custody attorney office, we're here to answer those questions as clearly as we can in general terms.

Your Parental Rights as a Step-Parent

If you have adopted your step-child, you have full legal rights as their parent, the same as a biological parent would. So, that should clear up a whole slew of teen authority related questions. If you haven't adopted your step-child, then your authority comes through the biological parent you are married to.

You are, effectively, functioning with implicit permission to exercise parental duties and make decisions your partner -- their parent -- would agree with. Much like a camp counselor has implicit permission to care for kids under their supervision. However, as the spouse of the biological parent, you also have some extended rights to sign things like permission slips for your step-children instead of their parent.

Your Step-Parental Rights Against the Wishes of Your Spouse

What about in cases where you disagree or are splitting up with the biological parent of your step-children? This issue comes up often with modern blended families. Particularly, in cases where the step-parent has become the more dedicated caretaker. Without a custody battle, your rights are usually still limited to anything that is an extension of the biological parent's wishes.

However, in a legal separation or divorce, step-parents who are a dedicated part of a child's life have a surprisingly strong chance of winning at least partial custody. Your custody rights will more likely be determined by what is best for the child, including your existing parent-child relationship. This is true even if you are not the biological parent. However, your custody rights do not overpower those of both biological parents.

There are very few situations where a step-parent is able to take full custody or make a decision directly against the wishes of capable and reputable biological parents.

Your Parental Rights Dealing With a Rebellious Teen Step-Child

So, your teen step-child, about whom you love and care, has shouted that you're not their real parent and can't make them do __X__. Now, you're wondering if they're right. As we said before, your parental power are an extension of their biological parent's rights. Therefore, if their parents agrees with the rule you are enforcing, yes. You can probably ground them, lock their phone in a drawer, deny their allowance, or forbid them from dating someone for a few more years.

Alternately, your teen step-child has made it clear that they want to live with you and not their biological parent after a breakup. Now, you're wondering if you can support them in that. Would be charged with kidnapping, or something similar? This goes back to the custody question. The teen can absolutely speak at a custody hearing and make a strong case for living with you, as teens get a lot of say if they explain themselves well and their reasons are good.

Additionally, if your teen step-child shows up on your doorstep and insists on staying, most courts would not consider this as a qualified kidnapping. But the teen may be forced to go back to their biological parent's home once found. 

Conclusion

As a step-parent, you exist in an interesting custody limbo unless you choose to step up and make yourself a separate entity in a custody battle. For the most part, as long as you are parenting with your spouse, you have all the parental authority you need to handle step-children and even rebellious teens. For more information about family law or to consult with a child custody attorney, contact us today!

Can You Relocate Your Children Following Divorce?

Friday, June 12, 2020

Divorce is never easy as there is rarely a clean break. Often, the most precious assets are children over which there are custody decisions. Usually, a custodial parent is named and is the one who will have the most time with the children. The other parent is generally given visitation rights on a set schedule. Sometimes, "joint custody" is agreed upon or mandated by the court in which both parents have equal custody. However, one is named the "residential parent" whose address is utilized for the purposes of postal mail and school.

Notice of Intent to Relocate

Many courts deem "joint custody" as the ideal situation ("in best interest of children"), but sole custody is ordered when declared appropriate. For example, in cases of domestic violence or other threats to a child's safety. When there is shared custody, one parent is required by law to provide notice of intent to change residence by certified mail at least 60 days prior to moving. This is the case with any relocation, even if it is within the same neighborhood.

This notice is required to include:

  • The new mailing address if known. If unknown, the city for relocation must be named
  • A current contact phone number for the relocating parent
  • Proposed date of relocation
  • Short statement describing reasons for intended move of the relocating parent and children
  • Proposed plan for adjusting custody conditions (including visitation) as necessary

Consequences for Failure to Provide Notice

A parent who relocates his/her children without providing the required written notice risks much with the court in which custody was initially decided. The court will take into account this breach and will use it as a factor when deciding how, when, and if custody and visitation will be modified. It is possible the judge will order the children returned from the relocation and the offending parent might be ordered to pay expenses of the non-relocating parent.

Objection Filing By Non-Relocating Parent

Once a parent is noticed of his/her ex-spouse's plan to relocate, he/she has 30 days in which to file an objection with the court which initially handled the child's custody issue. Should the parent fail to file, the court will most likely allow the other parent to move. If the petition is filed, most often the court will hold a hearing to determine if the relocation is in best interest of the involved minors.

Factors the Court Might Consider

  • How drastically the current custody agreement will need to change to accommodate the distance of the move. For example, if the non-relocating parent currently has his/her children every weekend, a far away move would likely make visits much rarer.
  • Both parents income might be taken into account by the court as funds are needed to permit frequent visitation to other parent's residence.
  • Does the move provide a more stable and safe environment for the minors. For instance, is the new home in better condition than the old one, are there good local schools, is the new location in a lower area of crime, is there less air pollution in the area of relocation?
  • Record of prior visitation; for example, does the parent filing the objection have a history of frequent visitation or is it sporadic or rare?

Learn More About Relocating Your Children Following Divorce

A qualified and experienced attorney in child custody is advisable for those who wish to relocate a child following divorce. Jamra & Jamra is a firm dedicated to help those with divorce issues including child custody and visitation concerns. Please contact us so we can help you with your situation.

Working Out Travel in Child Custody Agreements

Friday, May 29, 2020

When you are trying to agree on child custody during a divorce, there is a lot of consider. You and your ex-partner will likely be focused on where your children will live and when, but the key to a successful parenting plan is considering all situations. This is why you definitely need to take travel into consideration.

Travel With a Child

Travel as a child can greatly expand their horizons and it can be a very fun experience, but travel can be a pretty big disruption to the schedule. So, how do you factor in travel to your parenting plan when working out custody? In truth there are a few questions that you and your ex-partner will want to know the answers to:

  • When can travel be done? I.e. Will it interfere with school or parenting time?
  • Who handles providing travel necessities for the child?
  • How and if a child will be able to communicate with the non-traveling parent?
  • Will other parties be allowed to travel with you and the child?

Be Fair

It is best to approach these questions fairly, but also in a flexible nature. Such as if you aren't sure you want a child to be able to travel with the other parent and their new lover, you may want to set ground rules that you have to have met them first before it happens. This helps everyone feel more comfortable and does not completely close off the possibility. However, if you are in a potentially tumultuous divorce where there may be problems, you may also want to set stricter ground rules like barring out of country vacations, at least for awhile.

Learn More About Travel in Child Custody Agreements

Are you going through a divorce with difficult child custody? Let us help. Contact us today to see how Law Office of Jamra & Jamra can help you get through this.


Property Division in a Nesting Situation

Tuesday, May 26, 2020

Nesting is a term describing a situation in which the child stays in the family home while the parents move in and out on a specific schedule. It is one of those situations that sounds great on paper, but doesn't work so great in practice. While the child has superior stability, there are a few issues with nesting.

Multiple Residences

Primarily, most divorced parents can't necessarily sustain two residences as would be required. Furthermore, nesting requires excellent communication to do well. However, the biggest issue can be how the property is divided in a divorce if you are still sharing much of it.

Ownership

If you wish to make a nesting situation feasible at least for some period of time, it is crucial that when you are dividing the property, you both retain ownership of the house. Both names will want to be on the mortgage so one person does not have legal ownership of it. Furthermore, you will want to negotiate who handles what bills when it comes to upkeep.

Upkeep

Working out the financial and physical care of a shared residence is the most important matter of property division in a nesting-based divorce. Outside of that, the property division remains much the same as a regular divorce. You will want to split up the items inside that house and if possible remove them so that your spouse doesn't have access to them. If items do need to remain in the shared home, it is important to have "your own" space there in which they should stay. This helps to mitigate instances that can cause fights.

Learn More About Nesting

Are you going through a divorce? It is a tough time, but having a skilled divorce attorney by your side can make it a little easier to navigate. If you are divorcing, contact us today to see how Jamra & Jamra can help.

Reasons to Fight For Custody of Your Children

Monday, May 18, 2020

The truth is that most men lose custody of their children to the mothers. Some are lucky to see their children once in a while, though many hardly spend any time with their children at all, which is a shame. Children need their fathers. Thus, it is important for you to fight for custody of your children (even if it is only partial). Here are some reasons why.

Children With Both Parents Do Better in School

Children who have both parents in their life are more likely to do well in school.However, children without a father figure are less likely to finish school. If they do, they may not do as well as they could have done. Many drop out altogether, struggling to make ends meet for the rest of their lives.

Children Without Fathers Find a More Dangerous Substitute 

Children without fathers are more likely to turn to drugs and alcohol (and a life of crime to support their habit). Drugs and alcohol are everywhere, and children without a good support system seem to find themselves in trouble. After they get hooked, they have to turn to crime in order to pay for their habit. Then, they may start out by stealing until the habit becomes too much, and they get desperate for their next fix.

Children Without a Strong Father Figure Don't Know How to Treat Women

Children without a strong father figure don't know how they should be treating women. You need to show your children how to treat a woman by treating their mother nicely, even if you aren't together anymore. You can also show them how to treat a woman that you love when you eventually move on.

Find More Reasons to Fight For Custody of Your Children 

The best thing that you can do for your children is to stay involved in their life. You can make sure that your children stay in school, do well, and have a good future. You can also show them how to treat women. Always respect their mother and anyone that you may be dating (or eventually marry).

Contact us for all of your legal needs.

Tips to Stay in Your Children's Lives, Even If You Don't Have Custody

Monday, May 11, 2020

Going through a divorce can be one of the hardest things that you will ever have to do. Deciding how to divide your life into two and move on can be downright challenging. However, the worst part may be trying to figure out what to do with your children.

Though joint custody can be the best for children, that isn't always the case. If you have a job that keeps you away from home for most of the day, it may not be possible for you to have them as much as you would like. However, that doesn't mean that you can't be a part of their lives.

Here are some tips to stay in your children's lives, even if they live with their mother.

Get Along With Your Ex

Learn to get along with your ex for the sake of your children. If you want to stay in your children's lives, it is important that you find some way to get along. You are going to need to learn to communicate schedules, important events, and even problems that are going to pop up. The sooner that you can do this, the better off your relationship with your children will be.

Attend Big Events

Do your best to share the big events too! If you want to be a big part of your children's lives, you are going to have to show up for as many events as you possibly can. There are going to be school events to attend. You also want to find a way to share the holidays with your ex-wife. The better you can make these events for your children, the happier they will be.

Spend Time With Your Kids

Offer to watch the children when your ex goes out.If you don't get to spend too much time with your children, you should offer to watch them when your ex-wife needs to do something. Not only will she enjoy having someone that she can count on, but it also gives you more time to spend with your children.

Find More Tips to Stay in Your Children's Lives

It is really important to learn to get along with your ex if you want to stay in your children's lives. You are going to be involved in them together for the rest of your life. So, the sooner you can learn to communicate and spend time together as a family, the better off your children will be. This is true for normal daily events and even the big ones too!

Contact us for all of your legal needs.