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Family Law Blog

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.

The Child Support Process Doesn't Have to Be Scary

Friday, July 17, 2020

Unfortunately, just the words "child support" can strike fear in the hearts of fathers and mothers alike. It is a stigmatized government system that is often misunderstood and seen as a necessary evil. 

In reality, child support is designed to ensure children receive consistent and reliable support from both of their parents. This is best achieved by understanding each parent's current life circumstances and then guiding them how to best provide for their children in both homes. 

An Unbiased System

The system is set up to be unbiased. Payment responsibility and amounts are calculated using an impartial statewide calculation system. Items that impact responsibility and amount include:

  • Gross income
  • Expenses
  • Amount of time spent with child(ren)

With regards to the last item, it is important that each parent accurately documents the amount of time spent with their child(ren) in case it becomes a "he said/she said" situation at any point. The court looks favorably on a paper trail. Minimally, use a calendar to not only note sleepovers, but also rides to/from school, extracurricular activities spent together, visits and so on. An hour here and a couple hours there adds up quickly. It is particularly important to note when custody schedules are not being upheld and why.

Professionals Remove the Emotional Factor

Many amicable parents tend to handle the payment of child support on their own, trusting the paying parent to do so in a timely manner. Unfortunately, the relationship could take a turn for the worse for a wide variety of reasons, and withholding child support is often the first line of attack.  

This can be avoided by engaging with a professional right from the beginning. It takes the emotion out of the equation since the agency is in the middle acting as a non-partial gatekeeper, so to speak. Children's lives are kept more consistent and stable, which is of utmost priority.

Let Jamra & Jamra Help

Jamra & Jamra's Beverly Hills child support lawyers have been practicing family law in California for nearly 40 years. We are experts at providing guidance through complex and emotionally fraught child custody and child support scenarios.

Examples of services typically provided are:

Please contact us for a free in-office initial consultation. After a thorough analysis of the facts of the case, our lawyers will promptly offer all of the legal options available.

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.

Co-Parenting Tips When You and Your Children Are Away From Your Ex

Sunday, February 09, 2020

Co-parenting is hard when you live close to your ex-spouse. Add in some distance (a few hours), and it can become downright difficult.

Whether you are the one raising your children or you are the one left behind, you need to find a new way to co-parent. Here are some tips to help if you are the one who has your children with you.

Time With Both Parents

Make sure that your children are able to spend time with your ex. It is important that you make it a priority for your children to spend time with your ex. Even though it is inconvenient, you need to make sure that you are willing to drive them or fly with them so that they can have some quality time with their other parent.

Because of the distance, this may mean spending a few weeks during the summer and school breaks with your ex, instead of every other weekend.

Stay in Contact

During the times when they are separated, you need to help them stay in contact with your ex. Staying in contact is easier than ever. Your children can talk on the phone, send text messages, and even video chat.

One of the best ways to help them stay in touch is by scheduling time to do so. Weekly or bi-weekly phone calls or video chats may be helpful. However, you may also want to remind your children to call their other parent when big things happen. This allows the parent to feel involved in their life.

Alone Time With Each Parent

You shouldn't get involved in their conversations. When your children are on the phone or talking through video chats, you should give them the privacy that they deserve. They should be able to talk freely, without worrying about what you think.

One of the best things that you can do to co-parent when you don't live close to your ex is giving them time together. Schedule weekly (or bi-weekly) phone calls. Find ways for them to spend together, even if they spend most of the summer with their other parent.

Conclusion

Contact us for all of your legal needs.


Co-Parenting Tips When You Don't Live Near Your Children

Monday, January 06, 2020

Co-parenting is hard when you live close to your ex-spouse. Add in some distance (a few hours), and it can become downright difficult.

It is a challenge whether you are the one who has your children or you feel like the one who was left behind. However, you have to find a new way to co-parent together. Here are some tips to help if you don't live near your children.

Stay in Touch Regularly

You should try to schedule phone calls and video chats regularly. You may want to do this weekly or even daily, depending on you and your children's schedules. Indeed, never miss this because you and your children need this time together.

Ask Questions

Make sure that you ask questions and really listen to the answers. Initiate conversation with your children by asking them about their day, school, and other events that are going on with their life. If they have something special going on, ask them to tell you all about it.

It is even helpful to learn all about the people in your children's lives. Find out the names of their neighbors, teachers, and friends at school. Ask about them on a regular basis, so that your children really feel like you are involved in their lives.

Get Together

Find ways to get together with your children. Though you may not be able to visit them every weekend, if you can occasionally travel to spend some time with them, it will mean a lot to them. If they are in a sport and they have a big competition, find a way to be there.

Conclusion

Though it is hard to be away from your children for long periods of time, you need to stay connected with them. Call and video chat with them regularly. Learn about their life and ask questions to find out more. Then, travel to them when you can. They will really appreciate seeing you there!

Contact us for all of your legal needs.

What to Do When You Are Both Violating a Custody Order

Monday, December 02, 2019

Typically, you hear about one parent rather habitually violating the custody order. This gives the other parent the higher moral and legal ground. As such, that parent would then consult with their lawyer and take the other parent to court. Yet, it doesn't always work out that way. What if one parent starts to violate the custody agreement and the other parent starts to violate it back? There is no one with high moral or legal ground here, you are both breaking the law, so what now?

Your first step should be to consult with your lawyer. They will most definitely tell you to cease that retaliatory action right away. You then may have to wait to further establish your ex-spouse's habitual custody violations before you can take them to court.

Custody Agreement

Alternatively, there is a more peaceful option. If you can both agree, you can head to court, not for litigation, but to modify your custody agreement. Not all custody violations are necessarily done maliciously. Sometimes, what was put down on paper doesn't really work out in reality or circumstances change. If you believe you can amiably set a new schedule, even if both of you have technically violated this agreement, you can still head to court and ask for modification. If both parties agree to a new schedule, the court will approve it quite quickly.

Learn More About Violating a Custody Order

If you or your ex-spouse is violating your custody order that was set by the court, it is a problem, and it is against the law. If you want to get things in order, you should contact us right away so we can advise you on the best course of action to take. In some cases, mediation or even just a letter to the parent in violation could be enough to get your life in order, so let us help you explore all your options.

Children's Issues During a Divorce: Smooth Visitation "Hand-Offs"

Friday, November 08, 2019

In the process of divorcing, children from the marriage often find their time split between two households. Often, one parent stays in the home while the other finds a new residence. Thus, for visitation to take place, a "hand-off" must occur. To ensure a smooth transition, divorcing parents need to set a routine that is beneficial to all.

Neutral Location 

The most natural location for the pick-up and return of a child is his regular home. Unfortunately, heightened emotions can necessitate a more neutral venue. In this case, it is often helpful to select a child-friendly place for the "hand-off". For example, consider a park with a playground is an option. If you believe your safety is at risk with your former partner, you can choose to make a police station the location for handing off your children.

Brief Transition

Keep the transition brief and amicable. Indeed, behave in an adult manner and avoid confrontation. Above all, don't take a new love interest with you when you pick up or return a child. Chances are, emotions are high and a newcomer's presence is not welcomed by the other parent, or more importantly, by the child.

Communication

Always communicate with your child about the details of a "hand-off". Knowledge empowers children and is reassuring. Let the child know when he is going and for how long. Also, let him take a couple of favorite things with him for the hand-off. Make it as simple for your child as possible. Be positive when he leaves for the visit and when he returns. Never "drill" your child about his visit with the other parent as this might make him reluctant to be "handed off" in the future.

Communicate with your former partner regularly regarding visits. Ask for cooperation and patience during the transition to and from visits. Your children deserve positive collaboration, especially during a divorce.

Conclusion

Contact us for more advice regarding children's issues during divorce. We are here to help.