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Family Law Blog

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.

What To Do When Your Ex Is Alienating You From Your Child

Thursday, January 12, 2017

After undergoing a divorce, you may find that your ex-spouse is alienating the child from you. When they are preventing the child from meeting you, it is simply known as parent alienation. The case becomes more complex, however, when the other parent is having a damaging psychological effect on your child’s relationship with you.

The other parent may be denigrating you in front of your child or telling them that you do not love them. When the child develops negative feelings towards you, it is called Parent Alienation Syndrome, which was researched by Richard Gardner some decades ago.

The problem over here is to get the court to recognize what is going on. Parent Alienation Syndrome is not a medically recognized syndrome. Of course, if the court determines that the other parent is undermining your relationship with your child, they will probably step in and attempt to remedy the situation by setting up therapy sessions for the child or even by giving you child custody (in severe situations). The court is looking out for your child's best interests, which is to have a healthy relationship with both parents. 

However, before the court will take action, they will usually order a third-party psychological evaluation for the child. This can take time, and before you know it, the case can drag on for a year, with the alienation only getting worse.

The key to winning over here is to get the court to take action quickly, without dragging their feet. That’s why you need a lawyer who is knowledgeable in child support and alienation matters. For legal help, and to save your relationship with your child, make sure to contact us.

Child Custody: What Are The Best Interests Of The Child?

Thursday, January 05, 2017

One of the most heated and intense moments in your life can happen when child custody becomes the topic. For years, people have made their claims on why they should obtain custody of the children when a marriage or relationship ends. 

This is why it is so important to have the help of an experienced child custody attorney who can help protect the rights you have as a parent. You are fighting for your children, and you deserve to get the best results for the children you love so much.

Many people think that child custody cases are always ruled in favor of the mother. However, this is no longer the case. Many states across the United States will view both sides of the situation and determine the best situation for the child.

The child's best interest should always be number one. Several factors will determine where the child will live and who gets to make the important decisions in the child's life. 

If you do not understand how child custody battles work and you need someone to fight on your behalf, an experienced family law attorney will explain everything you need to know so that you can move forward with getting the results your child needs.

Some of the factors that are taken into consideration during a child custody case include the following:

  • Where the child wants to reside(if he or she is old enough to determine what he or she wants)
  • What the parents want
  • How well the child adjusts to the current environment
  • The mother/child and father/child relationship
  • The type of home life each parent can provide

This is only a small list of the things that will be considered when you are in the middle of a child custody battle. It is important to remember that the best interest of the child is what the judge will consider. 

If you need to be advised on what your chances may be in obtaining custody of your child, Contact a California child custody attorney today.


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. 


3 Mistakes That Could Inadvertently Hurt Your Child Custody Case

Friday, December 16, 2016

If you are going through a divorce, this can be a stressful time. If you have children involved, this can be an even tougher process. It is important not to make any quick decisions while separating that might hurt your child custody case. Here are three mistakes you should try to avoid during your divorce process that could give your ex leverage when it comes to custody.

1. Moving for a New Job

You may feel as if your financial resources are being depleted or you need to protect your personal assets during a divorce. The thing is, needing to move for a job or adding significant commute time might come off as not putting your child’s needs first, especially if this will limit your time for visitation. Wait until the dust settles to make any significant career changes.

2. Moving in With a New Significant Other

While you may have quickly found love after your divorce, it is important to focus on custody matters before fully moving on with your life. If you quickly move in with a new significant other, those making decisions on visitation and custody might not think you are putting your children's needs first.

3. Moving into a Home That Doesn’t Accommodate Your Kids

If you are the spouse that will be expected to move out of the family home, you might be worried about finances and want to move into a smaller space. It is important that you find a home that can accommodate your children, or your visitation and custody might be limited. This doesn’t mean you need a space as nice as your family home, but having a room designated for your children or an apartment with a pool or near a park can go a long way when it comes to being granted visitation.

While you might be in an emotional and working through personal issues during your divorce, keeping your children's needs in mind should be priority. If you are separating from your spouse and need guidance with your child custody case, contact us to ensure that your children's needs are protected.

Child Custody Advice: Help Make The Holidays An Enjoyable Time For Your Children

Thursday, November 17, 2016

The holidays are supposed to be about giving thanks, being joyful, being peaceful, and celebrating life. With parents who are going through a child custody battle or parents who are already sharing custody, the holidays can be filled with arguments, frustrations, and disappointments.

Some parents can handle the custody issues without conflict and others cannot. In order to have a conflict-free and worry-free holiday season, both parents should keep these things in mind:

Communicate

If both parents do not have an open line of communication, things will certainly go downhill very fast. We understand that if your relationship did not end well you may not always want to communicate with the person who is now your ex. However, it is important that both parents communicate clearly and in a timely manner.

Parents should make time to talk about any plans for the holidays. These plans should be talked about early and not at the last minute. Everyone should have time to communicate and openly discuss everything that is going to be planned.

Stick To The Plan/Schedule

We understand how quickly things can change and how some things are out of your control, but it is important to stick with the regular routine. Some things change and you cannot do anything about it, but you should let your children know ahead of time. You want to keep them in the loop of what is going on so they will not be blindsided by the changes.

Child custody issues, divorce, child support, are never easy issues to deal with. Your children should be your main priority, and it is their best interests that matter. If you need advice on child custody issues or if you would like a consultation, contact us today.

Child Custody and Parenting Time

Thursday, October 27, 2016

When parents split up, determining the time the children will spend with each parent can be a challenge. There was a time when the mother was almost always given sole physical custody and the father given visitation. This has changed over time, and now both parents typically share both physical custody and legal custody or the ability to make major decisions about the child.

Now another term has come into play. Iis called parenting time and while it has many similarities to joint, or shared, custody, it isn't exactly the same.

Parenting Time Gives Value to Both Parents

Parenting time is a way of approaching the topic of co-parenting that starts with the premise that children benefit from having time with both parents.

Rather than awarding one parent more decision-making power or stating that one parent's home is the child's official residence, a parenting plan allows the child to be equally at home with either parent.

A Parenting Time Agreement Offers Flexibility

A custody agreement typically involves a strict set of guidelines stating where and when the children will spend their time. A parenting time arrangement can be more flexible, as long as both parties can handle it.

Parenting time schedules can be continuously renegotiated based on factors like changing school and work schedules, the child's activities and even the personal preferences of all parties.

A Parenting Time Agreement Encourages Cooperation

Parents are more likely to cooperate and compromise when neither of them feels like they are being taken advantage of. Because time with both parents is a priority in a parenting time arrangement, parents are more likely to work together and focus on what is best for the child.

Is a parenting time agreement right for you? Contact Jamra & Jamra for more information.


Deciding on Who Represents the Child in a Child Custody Case

Tuesday, October 18, 2016

A parent's every instinct is that a child's parents have a right to determine their children's best interests including, when appropriate, to choose the attorney who will represent a minor child in a child custody battle. A California appellate court in 2014 interpreted a California statute in a way that overrides this instinct. That decision in the case of the Marriage of Metzger held that under the relevant sections of California's Family Law, a court's appointment of counsel for a minor child did not violate the parents' constitutional rights to select the child's attorney. Parents who are in the midst of divorce and child custody litigation will be well-served to understand this decision.

The minor child's mother in the Metzger case argued that her daughter's special needs required that the child have separate counsel to protect her interests in the custody proceedings. The court appointed the child with an attorney who was also a trained psychologist, but her father objected to that appointment with an argument that his own right to decide what was in his daughter's best interests were violated by the court's appointment. Both the divorce and the appellate courts rejected this argument, stating that section 3151 of California's Family Law required the minor child's appointed attorney to act in the child's best interests. Because of this requirement, the court's concluded that there was no conflict with the father's constitutional rights.

A child's interests will always be paramount in custody proceedings. The attorneys at Jamra & Jamra in Beverly Hills, California, are well-versed in child custody issues that arise in divorces and can help either or both parents to make the best decisions that will protect their children's interests, including deciding on separate legal representation for those children. Please contact us for more information or to schedule a consultation on how we can help you in your California divorce and child custody case.

Tips for a Successful Child Custody Case

Thursday, August 18, 2016

Fighting for child custody of your children can be daunting and stressful. Courts look to the "best interests of the child" when determining custody. It's your job to show the court why you're the parent the courts should consider. Here, we'll provide you with some ways to be successful in your quest.

Strong Relationship

Not only do you have to build and maintain a strong relationship with your child, you need to show the court how strong the relationship is. Have friends and family members write character letters of support that outline the types of activities you do with your child, or that state your heavy involvement in the child's schooling or extra-curricular activities.

Room in Your Home

Prepare a room in your home that's specifically for the child, even if you live in a small space. The court will want to see that your home is ready for the child and that the child will be comfortable and safe in your home.

Prepare in Advance

Be sure to be ready to answer the many questions posed by the court, including financial preparedness, your plans for the child's schooling, and how you'll arrange daycare for times you're working and the child is not in school. Show the court that you're ready to take on this role in every aspect.

Retain an Attorney

The best thing you can do for yourself, your case and your child is to retain an experienced family law attorney who can help prepare you for winning custody of your child.

For more information, contact us.

Ease the Stress of Child Custody With a Parenting Plan

Friday, July 29, 2016

Divorce and child custody are two difficult topics for us attorneys to have to discuss with our clients. Parents are used to having access to their children at all times, and after a divorce, there are going to be times your children are not around. It's important, therefore, for you and your spouse to maintain a good relationship so that your children can benefit from remaining close to you both. This is where coming up with an agreeable parenting plan comes in.

Parents Work Together

When a court determines custody of the children, they will look to place the child in the home that benefits the best interests of that child. If parents can agree on joint custody, it's beneficial to all because both parents have a role in working together to raise the child and make crucial decisions about the child's life.

Parenting Plan

A court will generally dictate the visitation and custody schedules, but if the parents can work out a plan that benefits all involved, courts usually agree to that arrangement. Not only will this benefit all of you in the long run, it takes away the stress factors of fighting for something you're unlikely to get.

You generally always have your child's bests interests in mind, and you want your children to feel safe and secure. This is best achieved when you and your spouse come to the understanding that working together for the common good of your child can be the best for this otherwise difficult time in your life.

For more information on child custody, contact us today.