If you thought that your divorce was going to be a clean break and you would not have to deal with your ex anymore, you may want to reconsider that position if you have children. The two of you are still going to have a relationship, in all likelihood. There's just no way around it.
Child custody in California addresses two key components: legal custody and physical custody. A right to physical custody is often what most people think of first. They want to know how often they get to have the child live with them, in their care. That schedule is a physical custody schedule.
While there are some states in the country that don't have laws on the books that protect a grandparent's right to visitation with their grandchild, here in Riverside, their right to this is protected by California Family Code sections 3100-3015.
Up until a few decades ago, a cheating spouse may have stood a chance of losing it all when their ex filed to end their marriage. Ever since many states, including California, have instituted a no-fault divorce, it's made it where a spouse's adultery has little to no effect on how alimony or custody awards are decided.
Children of recently divorced parents might find the holiday challenging, especially if this is the first holiday season since the divorce. As a parent, you will have to help your children work through a myriad of feelings and concerns that come with this situation. There are several things that kids might worry about.
As a noncustodial parent, it's hard to see the smiling faces of your children when you pick them up on visitation day, because you know how badly they've missed you. It's even harder to say good-bye to them after dropping them off at the other parent's home.
If you're in the throes of a contentious divorce and child custody process, you probably have a lot of questions -- and divorce misconceptions -- running through your mind. These questions will probably be imbued with hurt feelings, even anger, at the way your spouse has treated you during your breakup. With this in mind, here are three common child custody questions for which litigants sometimes don't have clear answers:
Any kind of child custody dispute will be tense and difficult if the parents aren't ready and willing to reach an agreement.
Divorcing parents in California will need to address key points in their parenting plans to ensure that their co-parenting relationship is peaceful for many years to come. The problem is, every parent and child's situation is unique, so it's not always clear which points need to be addressed in a parenting plan. It takes training and experience in family law and divorce law issues to draft a well-crafted and lawful parenting agreement.
In the not-too-distant past, if a father disputed a mother's claim that he was the dad, it was relatively easy for him to sidestep the need to pay child support. In the modern era of DNA testing, however, it's easy for mothers to prove who the father is by asking the court to order DNA testing.