Category Archives: Child Custody

Top Questions Concerning Child Support and Military Personnel
California Divorce, Child Custody, Child Support

Top Questions Concerning Child Support and Military Personnel

Child support is a critical aspect of Family Law. Thousands of military personnel and their families reside in California, so it is essential to understand how child support orders affect service members and their families in the state. Certified Family Law Specialist Judy L. Burger addresses some of the most common questions concerning child support and military personnel.

Child Support and the Military FAQ

Every situation is different, so you need to consult with Family Law Attorney Judy Burger when questions or issues arise about child support and service members. Here are some basics to know about child support and military personnel.

  1. How is child support calculated for military personnel?

In California, child support is calculated based on several factors, including each parent’s income, time spent with the child, and other expenses. However, there are additional considerations for service members, including allowances and special pay, like Basic Allowance for Housing (BAH), hazardous duty pay, sea pay, and more. Although some of these forms of pay are non-taxable, California law includes them all when calculating child support.

  1. Can military personnel be ordered to pay child support even if they are stationed overseas?

Yes. The Servicemembers Civil Relief Act (SCRA) protects active-duty military personnel from legal action, including child support proceedings, while on active duty. However, this protection does not apply to service members who are not on active duty or who are in arrears in their child support payments.

  1. Can military personnel be held in contempt of court for failure to pay child support?

Yes. Failure to pay child support can result in serious consequences, including fines, imprisonment, and loss of security clearance. It is essential to keep up with child support payments, even if stationed overseas or on active duty.

  1. Can military personnel modify child support orders?

Yes, military personnel can modify support orders based on a change in circumstances, such as a change in income or a change in the custody arrangement. However, it is essential to follow the proper legal procedures for modifying support orders to avoid potential legal consequences. The Family Court generally grants expedited hearings for service members who receive deployment orders and need to address child support or custody order modifications.

  1. What happens to child support payments if service members are deployed or transferred?

If soldiers, sailors, airmen, or marines are deployed or transferred, child support payments must continue to be made. However, there are legal provisions that allow for modifications to child support orders in these circumstances. It is crucial to contact experienced Family Law Attorney Judy Burger to help you navigate the legal process.

Get Help from a California Child Support Lawyer

Child support can be a complicated issue, especially for military families. It is essential to understand the legal requirements and protections afforded to military personnel. California Family Code §3047 provides guidance for many issues that can arise when a military service member faces mobilization, deployment, or a temporary assignment that takes them outside the state or country and causes complications with following court-ordered support or custody agreements.

Attorney Judy Burger can provide guidance and support to ensure that child support obligations are met and that the best interests of the child are protected. Child custody and support issues are already challenging, and the pressure of unexpected changes due to military service adds even more complexity. Get the help you need in California from The Law Offices of Judy L. Burger. We have eight offices to serve you.

Penalties for False Child Abuse Allegations
Child Custody, Domestic Violence

Penalties for False Child Abuse Allegations

When child abuse allegations are made, it is crucial to take them seriously and investigate them thoroughly. The welfare of the child is paramount, and if the allegations are true, the offender should be held accountable. However, when false allegations are made, the consequences can be severe for everyone involved.

Certified Family Law Specialist Judy L. Burger explains more about the potential penalties for false child abuse allegations in California to prevent false accusations and protect the rights of all parties involved.

False Allegations of Child Abuse in California

False allegations of child abuse are taken seriously in California. It is considered a form of child abuse and can result in serious consequences for the accuser. False allegations can be made intentionally or unintentionally, and they can be made for many reasons, including:

  • To gain an advantage in a child custody battle
  • To get revenge on a spouse or partner
  • To deflect attention away from the accuser’s own misconduct
  • To seek attention or sympathy from others

None of these reasons are sufficient grounds for these actions.

California Family Code Division 8, Chapter 1, Section 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation, paragraph b states:

“The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made. A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child. The court has considered the state’s policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.”

Penalties for False Child Abuse Allegations in California

False allegations of child abuse can result in severe legal consequences for the accuser. The penalties in California include:

  1. Criminal Charges: Making false accusations of child abuse is a crime in California under State Penal Code § 11172. If found guilty, the accuser can be charged with a misdemeanor or a felony, depending on the severity. The penalties can include jail time and fines.
  2. Civil Penalties: False allegations of child abuse can also result in civil penalties. The accused can file a civil lawsuit against the accuser for defamation, emotional distress, and other damages. If found guilty, the accuser may have to pay substantial damages.
  3. Loss of Custody: False allegations of child abuse can also result in the loss of custody of the child. If the court determines that the allegations were made with the intent to harm or deceive, the accuser can lose custody of the child and may even have their parental rights terminated.
  4. Criminal Record: If the accuser is convicted of making false allegations of child abuse, they will have a criminal record. This can make it challenging to find employment and housing and can also impact their ability to obtain custody of their children in the future.

Protecting the Welfare of Children

It is crucial to protect the welfare of the child in all cases of child abuse, whether the allegations are true or false. False allegations can harm everyone involved, including the accused, the accuser, and the child. Investigating all allegations thoroughly and taking appropriate legal action, if necessary, is essential.

If you or someone you know is facing false allegations of child abuse, it is crucial to seek legal guidance from a Certified Family Law Specialist to protect your rights and your child’s welfare. Attorney Judy Burger can provide the guidance and support you need to navigate this challenging situation and protect your family’s best interests. Contact us today to schedule a consultation.

May an Imprisoned Parent Have Child Visitation Rights in California?
Child Custody, Termination of Parental Rights, Visitation

May an Imprisoned Parent Have Child Visitation Rights in California?

Almost 200,000 kids in California have a parent in jail. This can create complex parenting and custody issues. One of the thorniest problems can be child visitation rights for the incarcerated parent. The parent’s crimes, existing relationship with the child and other parent, and the attitude of the Family Court all have an impact on decisions.

Under California law, any solution must ensure the child’s best interests. This means there can be many options and solutions. Family Law Attorney Judy L. Burger examines the question, “May an imprisoned parent have child visitation rights in California?”

Fast Facts About CA Child Custody and Incarceration

Although there are thousands of families with an incarcerated parent, there is much confusion surrounding this issue. Here are some fast facts about the topic:

  1. Incarceration does not automatically terminate your parenting rights. This can only happen in a limited number of situations.
  2. Imprisonment in California is not automatically considered abandonment of a child as it is in a few other states.
  3. Child custody and parental rights are different issues. The other parent or a grandparent may be granted custodial care of your child while you are in jail, but this does not surrender your parental rights.
  4. Incarceration does not abrogate you from your child support obligations. Making child support payments can help prove you have not abandoned your child and take your parental responsibilities seriously.
  5. You are still entitled to be present in any hearing regarding your parental rights and the matters relating to your child while in prison.  

Child Visitation Rights for CA Inmates

A Family Court may determine that the child’s best interests are met by granting visitation rights to an incarcerated parent. If so, there will likely be stringent guidelines to ensure the child’s safety and well-being. A California Family Law Attorney like Judy L. Burger can help the inmate negotiate the best possible conditions for visiting with their child.

A new law in California takes effect on January 1, 2024, to make it easier for incarcerated parents to obtain visitation rights with their children. The Keep Families Close Act now allows incarcerated parents to request a transfer to a facility near their families. Since 2019 data from the CDCR revealed that over 75% of incarcerated persons are located over 100 miles from their homes, this legislation is a welcome boon for inmates.

According to California Department of Correction and Rehabilitation (CDCR) data from 2019, over 75% of people in prisons are incarcerated more than 100 miles away from their homes  According to CDCR data from 2019, over 75% of people in prisons are incarcerated over 100 miles away from their homes. Parents who committed crimes against their child or other serious crimes are exempted.

Moreover, the Family Dignity Act will make the visitation process for families simpler by adopting digital technology. Families will now be able to scan and upload birth certificates so they can be digitally retrieved on each visit and not have to be brought every time.

Help with Child Custody, Support, and Visitation Matters in California

Child custody, support, and visitation issues with an incarcerated parent can be difficult and many factors can impact the court’s decisions. A parent sentenced to prison, currently in prison, or about to be released from prison will need counsel and representation from a CA Family Law Attorney. Similarly, the custodial parent or guardian of the child will need advice and representation to ensure the child’s best interests are ensured.

Certified Family Law Specialist Judy L. Burger and her team understand the specific challenges relating to an incarcerated parent and their family. We can help you work out the best arrangements for your family’s welfare and happiness during any phase of the parent’s jail tenure. Contact the Law Offices of Judy L. Burger by phone or online to request a confidential consultation.

Emergency Child Custody Issues in California
Child Custody, Domestic Violence, Restraining Order, Restraining Order, Termination of Parental Rights

Emergency Child Custody Issues in California

Petitions for changes in child custody agreements can be filed with the court when circumstances change and new arrangements are needed. These requests are scheduled for the next available hearing on the family court’s calendar. However, an ex parte petition can be filed immediately when you encounter emergency child custody issues in California. 

Under California law, Family Code 3064 allows the court to temporarily grant an emergency change in custody without waiting on a full hearing under certain circumstances. This is a short-term solution to protect the safety and welfare of the child while more permanent arrangements are examined. Ex parte orders can influence any final custodial orders issued by the court.

When would such actions be necessary? CA Certified Family Law Specialist Judy L. Burger reviews some possible scenarios when emergency child custody issues can be handled through ex parte hearings. She can explain more and review your situation thoroughly in a confidential consultation at one of our offices.

What Justifies An Emergency Child Custody Petition?

California Family Courts typically allow at least a 15-day notice to involved parties before scheduling a hearing about child custody matters. However, when a true emergency threatens a child’s health and safety, the court can issue immediate orders to prevent harmful actions. Ex parte orders, sometimes called “emergency orders,” may be granted in select situations, including:

  • Child abuse
  • Sexual abuse
  • Neglect
  • Domestic violence
  • A parent’s physical or mental health condition
  • A parent’s arrest for drug use, drunk driving, or another serious crime
  • A sex offender in the home

Your request for an emergency child custody order must include definite evidence that such conditions exist and are a direct threat to the child. Heresy or opinions are not sufficient grounds for the court to immediately remove a child from another parent’s custody. Credible witnesses, photos, videos, text messages, or police reports are solid proof that the child is in danger and emergency orders are necessary to protect the child’s interests.

How Do I Request an Emergency Child Custody Action in CA?

​In addition to demonstrating a clear and imminent danger to the child’s welfare, you must provide several other items of information in your ex parte petition. These include the following:

  • Legal request form
  • Identity and contact information for the other parent and/or their attorneys
  • Current child custody, visitation, and support orders
  • Any previous requests or orders on this or similar matters
  • Reasons why the other parent should not be notified

Remember, you must provide sufficient evidence demonstrating the harm that could be suffered without the requested emergency custody orders. This is also a temporary solution. A formal hearing with both parents may be scheduled for a later date and other orders may be issued as a result.

It is critical that you adhere to California law in all matters relating to your child and custody matters. Emotional reactions to protect your child that violate the law or existing custody orders can complicate your case. Making decisions under stress can place you on the wrong side of the law.

Contact a California Certified Family Law Specialist to Help You Protect Your Children

Consult with CA Family Law Attorney Judy L. Burger immediately if you suspect an emergency custody action is necessary. She can act quickly to file an ex parte hearing petition and the necessary paperwork while helping you gather the required evidence to support your request. As a Certified Family Law Specialist in California, she can help you follow the law and protect your child.

Ms. Burger is not intimidated by difficult or high-conflict custody matters. She firmly believes that children must be protected from abusive, inappropriate, or other dangerous behavior and actions by parents or others. The Law Offices of Judy L. Burger will not rest until your child is safe. We will also work with you to completely resolve this matter in the best interests of your child and family.

Contact one of our eight offices in California today to discuss emergency child custody issues with a Certified Family Law Specialist who is on your side.

vacation
California Divorce, Child Custody

Can You Take Your Child on Vacation After a Divorce?

Divorce is already a stressful and complicated process, and it can be even more challenging to navigate when children are involved. One of the most common questions during a divorce is whether or not you can take your child on vacation. The answer to this question is not always clear-cut, and several factors come into play. This blog post will discuss how to divide vacation time during a divorce and how to successfully and legally take your child on vacation after a divorce.  

 

Understanding How Vacation Time is Divided During a Divorce

 

Vacation time is generally included in the parenting plan that’s decided during the divorce proceedings. This plan typically outlines how vacation time is split between parents and the specific dates each parent is given. Most family courts consider each parent’s work schedule, the child’s school calendar, the distance between the parent’s homes, and many other factors before deciding the vacation schedule. Therefore, reviewing these details carefully is essential.

 

Discussing Vacation Plans With Your Ex-Spouse Beforehand

 

If you have not had a Court make an order regarding vacation time with your children, communicating effectively with your ex-spouse is crucial to ensure your vacation plans align with your parenting plan. Discuss your proposed vacation plans with your ex-partner and make sure they approve them. It’s best to communicate with them about the dates of the vacation, transportation arrangements, the destination, and any other plans or activities you have in mind so that they feel informed and involved. Doing so will help avoid potential conflicts and make the vacation experience more enjoyable for everyone involved.  Agreements made between the parties must be made into a written stipulation and sent to the Court to become a Court order.  If you fail to successfully complete these steps you may have no recourse if the other party refuses to abide by your vacation agreement.  It is always best to engage a family law attorney to prepare the stipulation and ensure the Court has made the agreement into a Court order. 

 

Tips for Planning a Successful Vacation After Your Divorce

 

Planning a successful vacation after a divorce can be challenging. Below are some tips that will help you plan a successful vacation:

 

  1. Choose a location that appeals to your child’s interests and hobbies.
  2. Give your child a sense of control by letting them pick some of the activities or meals.
  3. Keep an open line of communication with your child and listen to their concerns.
  4. Stick to your parenting plan as much as possible.
  5. Create a travel itinerary with your child so they feel involved.

 

Effects of Taking Your Child on Vacation Without Permission from the Other Parent

 

Taking your child on vacation without permission from the other parent can result in legal complications. It could violate the parenting plan, and your ex-partner could go to family court to change the terms of the agreement or hold you in contempt for violating the parenting plan Court order.

 

When to Seek Legal Guidance Regarding Vacations

 

If you’re planning a vacation with your child and have concerns about your ex-partner’s reaction or are unsure about the legality of it, you should seek legal guidance. A family law attorney will review your parenting plan and advise you on planning a vacation that meets the legal requirements without violating the existing agreement.

 

At the Law Offices of Judy L. Burger, our experienced family law attorneys are experts in California divorce and family law and can guide you on family law matters ranging from divorce, child custody, and visitation agreements to domestic violence. We provide personalized attention and advice to our clients and work towards achieving their goals. Contact us today to schedule a consultation, and we’ll gladly assist you in any family law matter.

Ex Parte Hearings and Emergency Orders in CA Family Court
Child Custody, Domestic Violence, Restraining Order, Restraining Order

Ex Parte Hearings and Emergency Orders in CA Family Court

Ex Parte Hearings are sometimes called “Emergency Hearings” because a court mostly hears them in emergency situations. California Family Court judges may issue legal orders as a result of these hearings to protect a child, prevent personal injuries, and for other time-sensitive matters.

California Family Law Attorney Judy L. Burger and her team can represent you and handle the intricate paperwork required for ex parte hearings. Learn more about these proceedings and when “emergency orders” may be warranted.

What Is an Ex Parte Hearing?

​Ex Parte is Latin for “from one party.” This describes the request from a single party to communicate and present evidence to the court with little or no notice to other involved parties. Under California law, such hearings are allowed when significant harm is imminent and immediate measures are required to prevent it. This threat of harm may supersede the normal right of the other party to be present and hear the charges or allegations against them.

These hearings are not for simple or even heated arguments or disputes. A pattern of bickering or disagreements is not enough to request an ex parte hearing. There must be an imminent threat of harm where emergency action is required.

In such an emergency, the court may elect to hear the presentation and issue legally binding orders ex parte. This may be in the presence of both or only in the presence of a single party. If both parties are not present, these court orders are completely lawful and enforceable, just as if the opposing litigant were present.

When Would I Request an Ex Parte Hearing?

​An ex parte hearing in CA family court may be requested by anyone who believes there is an imminent reason for a court order and can provide sufficient proof for needing an emergency order. Common reasons to request an ex parte hearing include the following:

  • To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
  • To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection.
  • To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property or marital assets, leaving the first party without a means of support.

​The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when imminent danger or other pressing needs arise. Contact the office nearest you for more information and to schedule a consultation.

How Do I Request an Ex Parte Hearing in CA?

​Several legal forms are required for requesting an ex parte hearing in California family court. You must also provide evidence for your request that the court will hear before granting any requests. Following is some of the information required:

  • Formal request for a hearing
  • Identity and contact information for involved parties and/or their attorneys
  • Reasons for an ex parte hearing
  • Any previous requests or orders on this or related matters
  • Any existing child custody, support, and visitation orders
  • Any notice made to the other party of this action or reasons why the opposing party should not be notified

Applicants must provide a full and detailed description of recent incidents showing the threat of or actual harm to a child, other person, or property. The evidence must demonstrate the harm that could be suffered without the requested emergency orders in effect.

A family court may grant ex parte orders on the evidence of filed paperwork alone, or they may request some oral testimony or other evidence.

Get Help from a California Certified Family Law Specialist

Judy L. Burger is a CA Certified Family Law Specialist with extensive experience in ex parte hearings and related matters. She can explain more in a confidential consultation and take swift action to request such hearings when warranted. Contact the closest location of The Law Offices of Judy L. Burger when threatening domestic circumstances arise and you need advice and assistance.

after divorce
California Divorce, Child Custody

Can You Take Your Child Out of the Country After a Divorce in California?

Traveling with your child can be a life-enriching experience, but for divorced parents, it can also be a complicated process. When traveling with a child out of the country after a divorce in California, you may be wondering what the rules are. This blog post will delve into the legal requirements that a parent needs to fulfill before they can travel internationally with a child post-divorce in California.

What Needs to Happen Before Traveling Internationally with a Child After Divorce?

To travel internationally with a child during or after a divorce in California legally, you need to get a few things in order first. Generally, the law requires that you have a written agreement (made into a Court order from the other parent or the Court before traveling outside the country with your child.  If the other parent does not agree to your travel, you must ask the Court for a Court order to travel.

Get the Proper Paperwork in Place

One of the main priorities when planning a trip with your child is ensuring that your custody orders or parenting plan allows for international travel. You will also need to have your and your child’s passports in place. If the other parent opposes the travel plans, the parent has to obtain a court order to allow international travel. Apart from these, you must fill out consent, medical release, and flight itinerary documentation forms.

Communicate Travel Plans with the Other Parent and Allow Time for Objections

The parent who wishes to take the child out of the state of California, especially out of the country, needs to inform the other parent of the travel plans and the itinerary. The other parent will then have time to object if they need to.

Consider the Best Interests of the Child When Planning Trips

When planning to travel outside the country with a child, the most important thing to consider is the child’s best interests. You should choose destinations and activities that align with the child’s interests, such as visiting a family member, attending an educational activity, or religious observances.

Maintain Frequent Contact with the Other Parent During Extended Trips

When traveling with your child, especially on extended trips, it is essential to maintain clear and open communication with the other parent. It is also good practice to keep the other parent informed if your itinerary changes. Your child should have contact with the other parent while traveling through phone calls or facetime.

Follow Court Orders and Parenting Plans When Returning from an International Trip

When you return from your international trip, you must follow any court orders that existed before the trip. Some provisions may require you to notify the other parent upon arrival. Failing to abide by court orders or parenting plans may result in legal action from the other parent.

If you need assistance navigating the complexities of traveling outside the country with your child after a divorce, it is always best to get legal guidance. At the Law Offices of Judy L. Burger, we understand the sensitivities involved in these situations and are here to help you make the best decisions for your child. Our child custody attorneys have handled countless travel-related cases and can provide you with trusted legal support. Contact us today to schedule an appointment. 

 

pregnant during divorce
California Divorce, Child Custody

What if I am Pregnant During a Divorce?

Divorce can be a painful and emotionally challenging process for anyone, but the situation can become even more complicated if you are pregnant. In California, if you are going through a divorce with a baby on the way, it is essential to understand how your pregnancy will impact your divorce proceedings. From support to custody arrangements, parenting plans, and paternity, you need to address many issues with your legal team if you are pregnant during divorce.

This blog post will walk you through some key considerations if you are pregnant during a divorce. We will also give you some tips and strategies on how to navigate your pregnancy and divorce proceedings with the help of a reliable California family law attorney.

How does Pregnancy Impact Divorce Proceedings in California?

When a divorce involves pregnancy, several legal issues need to be considered. One of the most significant considerations is child support. Both parents have a legal obligation to support their children, and this obligation does not change if the parents decide to divorce. However, the financial needs of a newborn can be significant, and both parents’ income will likely be an important factor in determining child support arrangements.

Custody arrangements are another issue that must be addressed. While there is no legal presumption in favor of either parent, the Court will consider the child’s best interests when making custody decisions.

Establish Paternity Early in the Process

If you are pregnant during a divorce, it is essential to establish paternity early in the process. This will ensure that parental rights and responsibilities are appropriately assigned and that the Court can issue custody, visitation, and support orders. If paternity is in question, DNA testing may be required to establish the biological father of the child.

Document all Expenses Related to Prenatal Care and Delivery

When you are pregnant during a divorce, it is essential to document all expenses related to prenatal care, delivery, and postnatal care. These expenses will be considered when calculating child support. Your California family law attorney can help you gather and organize this information to support your case.

Creating a Parenting Plan Addressing the Needs of the Newborn

A newborn’s needs are unique, and you must consider them when creating a parenting plan during a divorce. This may involve building flexibility for breastfeeding and nap schedules and accounting for additional medical care that the baby may need. A parenting plan should be as specific as possible to minimize conflicts down the road.

Temporary Orders for Support, Custody, and Healthcare During the Divorce

If you are pregnant during a divorce, it may be necessary to obtain temporary orders for support, custody, and healthcare. This can ensure that you adequately address your child’s needs during the ongoing divorce proceedings. Your attorney can help you file these orders with the Court and advocate for your interests.

Coordinating Parenting Time Schedules with the Demands of a New Parent

Finally, if you are pregnant during a divorce, it may be necessary to coordinate parenting time schedules with the demands of a new parent. This can be challenging, especially if you or your spouse also have work or school obligations. Your attorney can help you negotiate a schedule that balances the child’s needs with the practical realities of your situation.

If you are pregnant during a divorce, you need an experienced and compassionate California family law attorney on your side. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. We have helped many clients in similar situations and will work tirelessly to achieve the best possible outcome in your case. Contact us today to schedule an appointment. 

joint vs. sole custody
Child Custody

Joint vs. Sole Custody in California

In California, child custody is a significant issue for parents who are separating or getting a divorce. As parents, you want to provide your child with the best possible care and upbringing, but a custody battle can be challenging and emotionally exhausting. There are two types of Custody in California that judges consider when making custody orders.  There is legal custody and physical custody. Legal Custody is the decision-making regarding the health, education and welfare of the child. Physical Custody concerns who the child resides with. This blog post will break down the pros and cons of each type of custody and guide you through filing for custody in California. 

An Overview of Joint and Sole Custody in California

 

In California, joint custody means that both parents are responsible for raising their child. A court can grant joint custody to both parents if they can develop a parenting plan that is in the best interest of their child. On the other hand, sole legal custody means that only one parent has decision making regarding the child’s health education and welfare.  Sole physical custody means  the other parent has visitation rights, but the child lives primarily with one parent.

 

Factors Considered When Deciding on Custody Arrangements

 

The decision to grant joint or sole legal and/or physical custody in California is based on the child’s best interests. The court will consider several factors when deciding on a custody arrangement, including:

 

  • The child’s age, health, and welfare.
  • The relationship between the child and each parent.
  • The ability of each parent to provide a safe and stable environment for the child.
  • The child’s wishes, if the child is of sufficient age and capacity to make an intelligent decision.
  • Any history of domestic violence or substance abuse by either parent.

 

Pros and Cons of Joint Custody

 

One of the advantages of joint custody is that it allows both parents to be involved in their child’s life. The child can maintain a relationship with both parents, and both parents share the responsibility of raising the child.

 

However, joint custody can be challenging if parents cannot agree on important decisions regarding their child’s welfare. If parents have a history of conflict, joint custody can become a source of stress for all parties involved. Additionally, joint physical custody can be difficult to maintain if parents live far apart or have demanding work schedules.

 

 How to File for Joint or Sole Custody in California

 

To file for joint or sole custody in California, you must complete the necessary forms and file them with the court. You must provide the court with a proposed parenting plan that outlines how you and the other parent will share the responsibilities of raising your child. It is wise to hire a California family law attorney to guide you through this process and ensure that your rights and your child’s best interests are protected.

 

What to Expect During a Court Hearing for Custody

 

After filing for custody, you must attend a court hearing. During the hearing, the judge will review your parenting plan and listen to arguments from both sides. The judge will then decide on the custody arrangement that is in the child’s best interest.

 

If you are dealing with a child custody case in California, we can help. Our experienced California family law attorneys at the Law Offices of Judy L. Burger will guide you through the process and fight for your rights. Contact us today to schedule a consultation and get the support you need. 

out of state
California Divorce, Child Custody

Can You Move Out of State With Your Kids After a Divorce in California?

Divorce is a difficult process, and things can become even more complicated when children are involved. One of the biggest challenges can be deciding where the children will live and how custody and visitation will be structured. For some divorced parents, the idea of moving out of state with their kids may be appealing. They may want to be closer to family, start a new job, or begin a new chapter in their life. However, before taking any steps, it is important to understand the legal considerations and potential roadblocks that could arise. This blog post will explore what you need to know about moving out of state with your children after a divorce in California.

 

What to Consider Before Moving Out-of-State with Your Kids After Divorce

 

First and foremost, it is essential to consider the best interests of your children. Will moving out of state mean they will be farther away from the other parent? Will it disrupt their school or extracurricular activities? Additionally, if you have a custody and visitation agreement in place, you will need to review it to see if there are any restrictions on moving. It would help if you also considered the cost of living in the new state, job opportunities, and the availability of support systems. It is a big decision that requires careful thought and consideration.

 

Potential Roadblocks that Could Prevent You from Moving Out of State with Your Children

 

Even if you believe that moving out of state is in your children’s best interests, several potential roadblocks could arise. For example, the other parent may object to the move and file a motion with the court to prevent it. Additionally, there may be a provision in your custody and visitation agreement that prohibits you from moving out of state without the other parent’s consent. Finally, if you are in the process of getting a divorce, the court may require you to remain in California until the divorce is finalized.

 

What Happens if the Other Parent Objects to You Moving Out of State?

 

If the other parent objects to your proposed move, you will need to go through a legal process to get permission from the court. This may involve attending a hearing and presenting evidence as to why the move is in the children’s best interests. The court will consider factors such as the reasons for moving, the impact on the children, and the availability of visitation opportunities for the other parent. You will need to work with an experienced California family lawyer who can guide you through this process.

 

The Process of Getting Permission From the Court to Move Out-of-State with Your Kids

 

If you are seeking to move out of state with your children, you must file a request for a move-away order with the court. This request should include information about the proposed move, the reasons for it, and how it will benefit the children. You may also need to include a parenting plan that outlines how the other parent can maintain a relationship with the children. Once filed, the other parent will have an opportunity to object to the request, and the court can schedule a hearing. 

 

What You Need to Do Once You Have Gained Permission to Move Out-of-State

 

If the court grants your request and gives you permission to move out of state, you will need to update your custody and visitation agreement accordingly. This may involve negotiating a new agreement with the other parent and submitting it to the court for approval. Additionally, it would help if you considered practical matters such as finding a new home, registering the children for school, and establishing new support systems.

 

If you are considering moving out of state with your children after a divorce, it is essential to work with a skilled and experienced California family lawyer who can guide you through the legal process. At the Law Offices of Judy L. Burger, we are committed to helping families find solutions that work for everyone involved. Contact us today to schedule a consultation and learn more about how we can help.