Family Law Blog

What Happens When A Child Doesn’t Want to Have Visitation?

Tuesday, January 02, 2018

Often when it comes to visitation issues, typically it is one parent not showing up to a scheduled visitation, resulting in understandable heartbreak. However, occasionally it can actually be the child that doesn't want to attend a visitation. Maybe they are bored just watching TV with dad all day, or maybe mom is seeing someone new and it is resulting in some discomfort on their part. Regardless of the reason, what happens when a child no longer wants to attend visitation?

If the custodial parent denies visitation, they can be held in contempt of court. This can still happen if your child is refusing. This is why the custodial parent needs to take steps in order to remedy their relationship with the non-custodial parent.

The incontrovertible first step should always be to ask your child why they don't want to go. Sometimes it can be from neglect or abuse, and then that becomes a whole different ball game where you can often have visitation revoked. However, if it is something like boredom and negative emotions, often you can ask your ex-spouse to address these issues. Perhaps it would be better to spend time with their child doing more interesting things or it would be better if their new significant other wasn't around until they were more comfortable. You, as the custodial parent, need to explain very clearly how spending time with both parents is important. Make sure it is known that both sides love them and both sides always want to spend time with them.

If your child still refuses, a last resort may also be asking your ex-spouse for a little break from visitation. However, this might open you up to legal action. This means that if your child is refusing visitation, you may want to contact us to talk your options over with a lawyer.

What You Need to Know About Child Custody

Thursday, February 23, 2017

If you're getting divorced, you are wondering what it takes to attain the custody of your children. Fortunately, it is possible to come to an amicable agreement with your ex-spouse concerning whom the children will live with, as well as visitation rights.

Negotiation

Negotiations can involve a professional mediator, or consist of just you and your former partner. This is preferable in many ways to pursuing the court option because time and money are saved, not to mention the psychological health of any children involved. Keep in mind that negotiations don't need to take place in an "official setting." For instance, you can arrange to meet at a local restaurant where you will both be put at ease and will be able to focus on the important and relevant issues.

The Courts

If for some reason negotiations fall through, you could try your luck in court. The judge will look at various factors to determine what is best for the child. What is in the child's best interest includes their psychological and physical health, as well as what seems best for him or her long-term. Usually a court appointed psychiatrist will assess any children involved, and this will heavily influence the court's decision as to which parent will be awarded custody.  

Physical vs. Legal Custody

The two main types of custody that you should be aware of are physical and legal custody. Physical custody refers to where your child will reside day-to-day. Legal custody concerns the ability to make decisions affecting the child's education, health-related concerns, and other important aspects of life. Despite which parent is awarded physical custody, legal custody is typically shared between both parents. 

Please, contact us immediately. 

Dealing With Tardiness in Child Custody Matters

Thursday, January 19, 2017

When figuring out a parenting plan and child custody schedule, parents might work something out before finalizing a divorce or have matters settled by a judge. Either way, everything won't always go according to plan. A visitation order might list how often and at what times a noncustodial parent receives access to a child or children. Problems may arise if one parent stops following the schedule by showing up late or not showing up at all. Here are some tips for dealing with tardiness or absences.

Occasional Slip Ups

Parents should try to work with each other when possible and realize that unplanned events do arise every now and then that could interfere with the regular schedule. Being late once or twice will happen, and it's better to not get worked up if little things like this occur.

When It Becomes A Habit

If a parent is always late or frequently changes plans without warning, start by talking to them. Maybe there is a reason and an easy fix for the problem or the person doesn't even realize there is an issue. Though a fixed schedule is helpful for kids and adults, real life can get in the way. Changes to a schedule might be needed as time passes.

When Parents Can't Work It Out

Mediation could be the right solution if both parents want to reach an agreement but are unable to communicate and solve the problem. A mediator could help parents find and agree on a compromise. If mediation doesn't work and nothing improves, going to court to enforce or change an order might be necessary. Try to document what is happening and how it affects your children.

When divorcing or trying to raise children after a divorce, an attorney's assistance may be needed. Contact us today for information about how we could help you.

Can Social Media Impact Your Divorce? The Answer Is Yes

Thursday, December 29, 2016

We are living in the days where almost everyone has signed up for a social media account. While using social media can certainly be fun and entertaining, you have to be careful about the type of things you post to those social media websites. 

The information you post can be seen by a significant amount of people. If you are going through a divorce, you need to be very cautious about the type of things you post on any of your social media pages. If you think you may post anything that may get you into any trouble, you may want to avoid logging into your account until your divorce has been finalized.

Anything On Social Media Can Be Used Against You

If you are in a heated divorce, your husband or wife may be looking for anything that can make you look bad so he or she will receive everything they are looking for.

Since many people share a significant amount of information online, people who are divorcing will turn to social media for information they can use against one another. Social media postings cannot only impact spousal support and child support orders, but it can also impact a custodial agreement. 

If you are fighting for custody of your child or children, you should definitely avoid posting any photographs or videos that will show you using illegal drugs, drinking alcohol, fighting, partying, etc. 

If you tell the judge you cannot make spousal or child support payments, but you are posting photos of your money, posting photos of expensive merchandise, or posting vacations pictures, your spouse can use those photographs or videos against you to prove that you can indeed make those payments. 

We understand that divorces can get heated and difficult, but social media can get you into more trouble than you think. If you are going through a divorce, do not hesitate to contact us for information on how social media can impact your divorce. 


Who Gets the House? Property Division in California Divorces

Friday, March 11, 2016

California is a community property state, meaning that all property and debts acquired during the marriage must be divided equally among the spouses. However, property division is not always as easy as splitting assets 50/50. A common concern of divorcing couples is the disposition of the family home. After all, the home is often one of the couple's most valuable assets.

There are many arrangements for disposing of the home depending on the family's circumstances. One of the easiest is simply selling the home and splitting the proceeds equally.

However, sale of the home may not be possible due to a slow real estate market or negative equity in the home. Additionally, the issue can be complicated due to the emotional significance of the family home. One spouse may not wish to sell the home and all of the memories it represents. Other spouses may wish to avoid further emotional distress to children by allowing them to remain in the home.

When one spouse is adamant about keeping the home for sentimental reasons and can afford to maintain the home with no financial assistance from the other spouse, one alternative is to allow that spouse to buy out the other's interest in the property. Where both spouses are concerned about the impact of the home's sale on their children, both may agree to maintain joint ownership and to allow the custodial parent exclusive use of it. In slow real estate markets, the couple may agree to maintain the home as a joint investment in hopes that the home's value may increase over time.

However, these arrangements require a level of cooperation between the divorcing spouses that is not always possible.Contact us today if you are divorcing and are concerned about the ultimate disposition of your home and other assets. Whether you need an attorney who can craft a workable compromise with your ex or need one who can litigate your position aggressively in court, we can help.

Adult Children Can Find It Difficult to Cope with Parental Divorce

Sunday, August 03, 2014

Parental divorce is a traumatic and stressful time for children. Studies show that divorce can have an impact on children, when parents separate during childhood. But what happens when adult children have to deal with parents going through a divorce? Such situations are actually becoming increasingly common because of the increase in senior divorce.

According to statistics, the number of gray divorces or senior divorces has actually doubled since 1990. Older couples getting divorces now constitute approximately 25% of all divorces in the United States.

Increasing senior divorce rates mean that many adult parents have to deal with the fact that their parents, who have been married for many decades, are now making the decision to separate. Obviously, the trauma and stress involved when you're an adult watching your parents separate is very different from the experiences of a child. The concerns that you have as an adult when your parents divorce, are unique.

However, divorce lawyers in Los Angeles do see that when adult children watch their parents get divorced, there can be a much longer- lasting and deep impact, because adult children may have many more memories of their family, than younger children. Adults may find the prospect of meeting the mother’s or father’s new romantic partner even more stressful and painful.

Additionally, adult children may be placed in the uncomfortable position of having to become referees when their divorced parents argue with each other at family events and celebrations. The focus at these events may shift from celebrating to keeping the parents away from each other. Some studies indicate that adult women seem to take a much longer time to get over the emotional trauma of a parental divorce, compared to adult males.