Stacy Albelais, Attorney at LawRiverside Family Law Attorney | Divorce Lawyer Bilingue en Espanol | Ontario, Rancho Cucamonga2023-12-15T10:08:26Zhttps://www.familylawforyou.com/feed/atom/WordPress/wp-content/uploads/sites/1603301/2022/01/cropped-site-identity-1-32x32.jpgOn Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=2540552022-02-07T14:55:51Z2022-01-21T16:51:50ZWhen a child is old enough to start school
Children who are no longer infants can often enjoy very close to 50/50 shared custody arrangements between their parents. Even if one parent moves away from the family home, they can spend alternating weeks with each parent for the first few years of their lives.
Equally sharing custody when the parents live far apart will be much harder once the children reach school age. At that time, proximity to the school that they attend will likely influence custody arrangements and require that the parents make some changes. Neighborhoods and school districts may influence living arrangements for years to come.
When the parents have changes to their situations
Parental situations have a strong impact on the ability of each adult to meet the needs of the children. If a parent starts a new job with a different shift or begins a new relationship that requires that they move to a different residence, those changes can affect how the parents share parental responsibilities.
If either parent will soon change their living arrangements, household circumstances or employment, then a custody modification may be necessary to accommodate those changes.
When the children have new needs
Sometimes, something unexpected happens. Your child gets into a car accident and requires more support than they did before. Other times, it is perfectly predictable that your teenage child will want to start a part-time job and join school sports.
As the needs of your children change, the arrangements in your parenting plan may need to change as well. Recognizing that you have not fully addressed issues like sports, dating or a part-time job may require that you update your parenting plan.
Knowing when to make changes to your shared custody arrangements will make co-parenting easier.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466892022-02-03T16:52:03Z2021-11-26T20:28:56ZLeaving the home isn’t necessarily abandonment
While leaving the home could be home abandonment in cases where the spouse no longer contacts the other and refuses to offer support, this is not particularly common. To use abandonment as a ground for divorce, you will need to show that the other party is not contacting you, is not honoring financial obligations to your marriage and otherwise refuses to participate in the marriage or divorce.
So long as your spouse is willing to pay child support, spousal support, cover shared marital costs and handle other aspects of your relationship while separated, the court is unlikely to state that they have committed any type of abandonment.
You have a right to move out if your home is uncomfortable for you
There is no rule that you and your spouse have to live together during your marriage or divorce. Legally speaking, it is necessary to have a period of separation before you divorce, so it makes sense for one of you to live somewhere else. Additionally, if abuse or violence took place in the home, then abandonment would be justified in most circumstances.
Abandonment is a highly specific issue that required a set amount of time to pass. Additionally, that abandonment needs to be permanent. If your spouse truly leaves without giving you any information about where they’ve gone or stops making payments and cannot be contacted, then you may be in a position to claim abandonment. Until then, it is unlikely to be used in your case.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466872022-02-03T16:52:10Z2021-10-27T19:23:18Za custody modification. What are some of the common situations when a parent needs to modify a custody order?
After a change in the family schedule
Did the children just graduate from daycare to kindergarten? Have you just taken a job that will put you on first shift instead of second shift?
When the family schedule changes significantly, the custody order may also need to change. Adjusting the division of parenting time or when each parent has access to the children can help ensure the parenting plan upholds the best interests of the children even as family circumstances change.
After a change in one parent's behavior
Sometimes, the courts will limit how much parenting time they offer one adult. Maybe they didn't have their own apartment yet and so could not host the children overnight. Perhaps they struggle with drug or alcohol issues that might lead to them neglecting the children. When one parent makes a concerted effort to improve their circumstances and become a better parent, that might lead to a successful modification request that gives them more parenting time.
On the other hand, a parent concerned because they see their ex engaging in abusive or negligent behavior toward the children may have no choice but to go back to the courts and ask for the courts to limit how much time their ex has with the children.
When the needs of the children change drastically
A custody order for a breastfed newborn will be substantially different than the custody order for a weaned 2-year-old. The needs of a child could change dramatically if they fall severely ill with a long-term condition or suffer an injury in a car crash. When the needs of the children in the family change, the custody order will have to shift as well to reflect those new circumstances.
Recognizing that your custody order no longer suits your children's needs could lead to a modification hearing.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466832022-02-03T16:52:17Z2021-09-28T19:29:50ZGood communication is a key issue in multinational cases
It is helpful for you and the other parent to sit down and talk about what you want. If you would like to take your children to see your family in Mexico, for example, you should get together with the other parent and include them in the conversation. Ask if they are comfortable with you taking your kids out of the country. Your ex-spouse might suggest that they could also come along to be cautious, or they may ask that you provide a full itinerary and contact information before you go.
If your spouse is uncomfortable with you going out of the country with your kids, you need to ask yourself why that might be. If you want to make them more comfortable with the idea, it would be worth setting up plans to help them see that you only want to go temporarily and that you will return with your children.
If the other parent refuses to allow your children to leave the country, you do have options. You may go to court to ask the judge to rule and modify your custody agreement if you feel that your children need to leave the country to see family or to experience their culture while they’re young. You might also fight for primary custody if the other parent is trying to prohibit you from seeing your children and taking them on a trip despite agreeing that it would be allowed in your original custody agreement.
This can be a touchy subject, but it’s possible to find a resolution.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466572022-02-03T16:52:23Z2021-08-26T17:19:30Zcustody schedule.
If you want to move, can you take your child?
Under some circumstances, you may be able to move and maintain your current custody arrangements with the other parent. For example, if you’ll be moving a half-hour or hour away from where you currently are and you generally have custody time on the weekends, you may still be able to maintain that schedule despite having a longer commute to see your child. The same would be true if you moved only a short distance away, such as into a new nearby neighborhood
In other circumstances, you may need to ask for adjustments to help you see your child as often as you’d like. For instance, if you’re moving to a new area of California to take a better job that will give you more time to spend with your child, you could ask to take your child with you. If the school is better, you have a greater support system and your job will also be better, it may be a good opportunity for your child, too.
You should keep in mind the other parent’s feelings and rights when you look into moving away. In most cases, they will have the right to see your child and may fight against you moving away. It’s helpful if you can both agree on new arrangements. If not, then you may find yourself involved in a custody dispute that requires a court’s intervention. Sit down and talk about the opportunity, so you can decide on what to do with the other parent’s input.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466512022-02-03T16:52:30Z2021-07-27T16:26:08ZWhat is parental kidnapping?
Parental kidnapping is when one parent takes their children, without permission, away from the other parent with no intention of returning them. They may take them to an undisclosed place nearby or far away. In any case, the victimized parent does not know where their children are and may have little or no contact with them by phone or other digital means.
What are the signs of a potential parental kidnapping?
Parental kidnapping doesn’t usually happen out of nowhere. There tend to be signs that you can look for. For example, the other parent may:
Suddenly get your children passports or visas for another country
Get copies of important documents for your children, such as medical or school records
Consistently bring your children home late or refuse to bring them back on time
Threaten that they will take your kids away from you
Have no job or be independently wealthy
Have the ability to flee to other cities, states or countries with community support
If there are red flags in your parenting relationship and you know that the other parent has the ability to flee with your kids, you may want to look into a custody modification. You may build a case and ask that the custody time with your children is supervised, for example, so that you can better protect your children.
If you suspect that the parent has kidnapped your children, call 911 and alert the authorities. Then, get to know more about your legal rights to bring them home.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466482022-02-03T16:52:36Z2021-05-25T17:52:01ZThe California courts can and will revise existing custody orders
Your family circumstances can change in an instant, requiring that you revise your custody arrangements. Either parent can request a custody modification under California law.
Both can agree to certain terms and file an uncontested modification request. If they don't agree, they can pursue contested proceedings, much like with divorce filings. The judge will look at the family circumstances and the documentation provided by the parents to decide if a change to the custody order is in the best interest of the children.
An order that reflects your daily life better supports the children
There is no question that having a parent who doesn't show up for visitation can be emotionally damaging for children. It is hard for a kid of any age not to internalize the rejection that comes with a parent not arriving for their scheduled parenting time. Such disappointment and rejection can be hard enough when it happens once, but when it happens over and over, the child will inevitably start to think it is their fault that their parent doesn't want to come.
Abandonment and rejection can cause emotional damage. The destabilization of their schedule can also cause issues for children and parents alike. You can't make arrangements for your own career or medical needs if you never know when you will be child-free.
Asking for a custody modification can make sense for your family if your ex has stopped showing up. A reduction of their parenting time might be enough to motivate them to start showing up for future parenting sessions.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466452022-02-03T16:52:45Z2021-04-20T23:07:46Zsign of parental alienation, but it can be a cause for concern when your child suddenly begins acting differently. To recognize if alienation may be to blame, here are three things to look for.
Sudden changes in behavior
One big sign of alienation is having a child suddenly change their behaviors. For example, if a child who was excited to see their mom or dad last week shifts and shuts down while saying they no longer want to go, it’s important to get down to the root cause. Did their mom or dad say something negative about the other parent? Did they promise them something if they didn’t go to see the other parent? Watch out for these sudden behavior changes and address them immediately when they occur.
Making big promises
Making big promises to your child can easily be a sign of alienation tactics. For instance, if your ex-spouse wanted more custody but did not get what they wanted, then they may start suggesting that your child asks to stay with them more. They may promise more snacks, vacations, toys or other items to them for stating that they want to live there.
Vague excuses for missed custody dates
Finally, watch out for vague excuses for missed custody dates. Whether the other parent is trying to manipulate their time or your child is making excuses with no real support, this could be a sign of alienation that you should address.
If parental alienation takes hold, it can take a long time to help a child understand what happened. This kind of emotional manipulation could have a negative impact on them for life, so it’s important to look into seeking psychiatric assistance and guidance from your attorney.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466352022-02-08T15:55:45Z2021-03-29T13:51:39ZSplitting up debt in a Riverside divorce
In California, community property refers to a married couple's assets, but it also includes debts the couple acquired during the marriage. Often, these include things like the mortgage on the couple's house, auto loans and credit card balances. For business owners, community debts might also include a business loan.
Community or separate debt?
As a community property state, California law generally requires community debts to be split 50/50. However, if one spouse can prove that the debt is separate property, the burden will go to the other spouse only. In many divorces, disagreements over what is and is not community property can take a while to resolve and may require a trial.
Trial is rarely necessary
Of course, few divorces end up going that far. The vast majority of divorcing couples settle out of court. An experienced divorce attorney can help you seek a reasonable solution to the property division question. One strategy is for one spouse to assume more of the debt in exchange for also keeping a larger share of the community property. Another common tactic people do is to require the spouse who is assuming a debt to refinance it (if it is a mortgage) or do a balance transfer to a new loan that is in that spouse's name alone. That way, the creditor cannot pursue payment from the other spouse if the first spouse ever defaults on the loan.
Finding a creative, workable solution tailored to your individual needs is the job of any high-quality divorce attorney.]]>On Behalf of Stacy Albelais, Attorney at Lawhttps://www.familylawforyou.com/?p=466312022-02-03T16:52:57Z2021-03-25T22:39:42ZFor most people, their house is their most significant asset. And in the event of a divorce, it can be one of the most contentious community assets to divide.Often, people focus on keeping the home. They might even give up several other assets so that they can be the person who exits the divorce with a house. However, keeping a house is not always the right decision, and in some cases, it can be a financially impossible option.
The benefits of keeping your home
Staying in your home after a divorce can be particularly beneficial to people who prioritize consistency. For instance, custodial parents often want to stay in their home for their child's sake. And people who run businesses out of their home or live in a particularly desirable area may not want to leave.Also, staying in your home means you can avoid the stress of packing and moving, on top of the stress of divorce.
When it is not right - or possible
Despite the benefits of keeping a home, it could be best to sell your home or let your ex hold on to it.Financial obligation can be the biggest drawback to keeping your home in a divorce. You will likely need to refinance your mortgage so that your loan is in your name alone, and you could find that you do not qualify for the same type of loan on your own.You will also need to maintain the home and pay the bills. Consider these expenses when you are thinking about keeping your home. Can you afford to replace a water heater if yours breaks? Do you know how much your monthly utility bills are? What will your finances look like after the divorce?It is also worth noting that while staying in a marital home can seem attractive in theory, in reality, it could be emotionally distressing. Staying there can make it difficult to put a difficult chapter behind you, whereas moving can help you make a fresh start.
The big picture
Remember that your home is just one asset and one piece of the property division puzzle. Before you make any firm decisions, take a look at the bigger picture. Work with your attorney to negotiate a property settlement that best suits you now and in the future.]]>