Family Law Blog

Child Custody Issues When One Parent Wants to Move to Another State

Thursday, August 31, 2017

What happens when one parent decides to move to a different state? The first thing to know is that if there is joint custody, you’re not permitted to move without the consent of the other parent or a court decision permitting it. Here are some other things you should be aware of.

Physical Joint Custody Vs Legal Joint Custody

Legal joint custody is when the child is staying with only one parent, but both parents have a legal say in the future of the child. In such cases, making a move will be a lot easier to accomplish. When there is joint physical custody, however, things will get a little more complicated.

Getting the Courts to Agree to a Move

It won’t be easy to get the courts to agree to a move. The court will take the ultimate well-being of the child into account, and that includes the emotional effects of moving away from a parent. You will have to prove that moving will be in the best interests of the child. If you can prove that moving is the only way to get reasonable employment, for example, or that the move is necessary for the educational needs of the child, the court may approve the move. Otherwise, you can move only if you leave your child behind. 

Visitation Rights After Moving

If the court agrees to the move, they will work out some sort of visitation agreement for the child. For example, if you are moving far away, the child may spend the summers with their other parent. Other communication method plans such as phone calls may also be set up.

For legal help with your child custody case, just contact us!

Do You Have the Right to Parenting Time?

Thursday, May 11, 2017

Once referred to as visitation, parenting time is the time a parent spends with a child after the parents have separated. While parenting time doesn’t matter if you have been named the custodial parent, typically it is used to describe the time the noncustodial parent spends with their child. However, do you actually have a right to parenting time?

Parenting time is not a right, so you do not automatically have the right to see your child if you are not the custodial parent. The court decides if parenting time is in the best interests of the child, but will typically grant at least some parenting time unless the noncustodial parent has a history of harm or abuse to the child or others.

Once parenting time has been granted, unless abuse starts to show itself, it is difficult to have parenting time taken away. Even if the noncustodial parent fails to pay child support, the court cannot take away your parenting time, but you may face other consequences.

If you are trying to get the maximum amount of parenting time with your child, one of the main things that the court will look at is your history with the child. It is best to write down what sort of relationship you have had, how much time you previously spent with the child, and how much of that time included overnights.

If you are in the process of a separation and are trying to get custody or parenting time with your child in the Los Angeles area, contact a Los Angeles child support lawyer today.

Do You Need A Mediation Process For Your Child Custody Negotiations?

Thursday, May 12, 2016

When going through a contested divorce, it is not uncommon for both sides to run into some conflicts. Everyone can have the right intentions to make sure everything remains positive and big arguments are avoided when the children are around.

Unfortunately, children can still be caught in the middle of everything, especially when a child custody lawyer is not involved. When both sides work with a child custody lawyer, issues can be resolved quicker through mediation.

When you go through the mediation process, no one will be blamed and neither side will be told he or she was right and the other was wrong. However; in these situations, it can be easy for one parent to feel like he or she should get what they want.

A mediator knows how to calm both sides and settle even the most difficult situations. We understand how stressful, frustrating, and difficult these situations can be; no one wants to add stress on top of stress.

If you want to avoid putting yourself in a tough situation with the divorce and the child custody situation, you can allow a mediator to step in and get things done for both sides.

Your children will be getting ready to experience some things they have never been faced with. It will be better for everyone if you had time to ensure them that everything will be fine and things will work out for the best.

We know that going through divorce problems can be extremely difficult, but going through mediation can make things a little easier for you. If you want to avoid added stress and added pressure, contact us today for a consultation.

Four Tips To Make Joint Custody Work

Thursday, December 17, 2015

You are in the middle of a divorce and figuring out child custody. You have decided to be fair and want to settle on joint custody because it is best for your children. You know that it is not going to be easy but you are dedicated to making it work, for the sake of your children.

Here are some tips to make joint custody work.

  • Always remember that you are doing this for your children, not yourself. It is important that the end goal is to do what is best for your children, not you and your ex.
  • Be realistic (and flexible) about the schedule. Sit down and really think about the schedule. Think about school schedules and after-school activities. Think about jobs and child care. Who should really have the children when?
  • Remember that the schedule can change. Things change. Activities change with the season. Someone may lose a job or find a better one. Child care may become a problem. Be prepared to re-evaluate the schedule anytime that it is not working. Also, if you are not happy with the schedule, remember that is not going to last this way forever.
  • Learn to communicate. With it being so easy to communicate these days, you don’t have to rely on your phone anymore. You can text, schedule a calendar online, email each other, or find another way to talk back and forth. The important thing is that you learn to talk about the children.

Joint custody can work, if both parents are dedicated to making it work for their children. They also need to be realistic and flexible. You may not be able to keep your children some days because of your work schedule. However, that does not mean that you can’t get them another day. Always, remember that the schedule is not set in stone. Be flexible if it needs to change because of an activity or job change. Your children will benefit from joint custody, if you can work through it!

Contact us for all of your legal needs.

How Does Joint Custody Work in California?

Sunday, October 19, 2014

Joint custody allows parents to have joint physical and legal custody of the child. These parenting arrangements allow both parents equal access to the child. However, there are certain things that you need to know about how joint custody works.

In joint physical and legal custody, you will have both physical as well as legal custody of the child. Physical custody means that your child will spend a fairly similar amount of time with you and your spouse. Physical custody does not mean that your child will spend the exact amount of time with each parent. It is not possible to precisely divide the amount of time that the child will spend with each parent. One parent will end up having the child for a little extra time, compared to the other. In such cases, where the parents have joint custody but one parent has access to the child more than the other, the parent with more access is called the primary custodial parent.

Joint legal custody means that you and the other parent will have a responsibility to make decisions related to the child. Joint legal custody means that either or both of you can make joint decisions about the child's welfare, including his education, his medical care, his school, and other aspects of his life. However, that does not mean necessarily that you will share in every decision that is made. While the parents can make decisions together, each parent can also make the decision on his or her own. However, it is important that both of them communicate with each other and resolve these issues instead of taking matters to court.

It is also possible for the parents to have joint legal custody, but not joint physical custody.