Hartley, Maxwell, & Castellano Attorneys at Law
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child custody Archives

New Domestic Violence Statutes - Effect on Support, Custody & Property Rights, Part 2 of 3

As stated in the first installment on this topic, new laws went into effect in California on January 1, 2019, which constitute a significant reform of our domestic violence statutes. That reform continues the tendency of California's legislature to increasingly penalize domestic abusers.

Adoption and termination of parental rights

It is common for adoptive parents to secure the agreement and signature of the birthparent. By doing this, the birthparent gives up all parental rights, duties and responsibilities, which are then taken over by the adoptive parent. However, sometimes getting the consent of the other parent is difficult or not possible.

Measures dads can take to improve chances of custody

Judges will typically award joint custody these days, especially when they believe the arrangement is in the best interests of the children. However, many fathers feel that the court is favoring the parental rights of the mom. For example, even when there is joint custody, the parenting arrangement may place the children with mom a disproportionately large amount of the time. This can make fathers feel like they are still fighting an uphill battle.

Protecting parental relationships with children during divorce

The goal of the court is to award custody and draft parenting plans based on the best interests of the children. This generally means that both parents have a close ongoing relationship with their children. Nevertheless, fathers may feel like they are fighting an uphill battle to gain custody or maintain access and involvement in their children’s lives, particularly if the mother seeks physical custody and wishes to remain in the family home.

The nest approach to coparenting

The best parenting plan is one that addresses the unique needs of the children and the parents. Of course, there are typical formats that are commonly accepted, these include alternating weekdays with weekends, rotating blocks of days, or perhaps it is one that focuses on summers and holidays if the parents do not live near each other.

Structuring a parenting plan for the holidays

Those couples contemplating an upcoming divorce or separation should pay close attention as they go through their last holiday season together. Parenting plans often will use an alternating year and alternating holiday schedule. This means that those who have the kids on Thanksgiving on even-numbered years will not have them for Christmas, and vice-versa for odd numbered years. The same can be true for the summer stretch with Memorial Day, July 4th and Labor Day.

Visitation enforcement and interference

Determining parenting time and custody of minor-aged children are often some of the most contentious issue a couple faces when they divorce. Unfortunately, sometimes one party is unwilling or unable to honor the parenting plan agreement, which includes parenting time schedule as well as legal decision-making input on how to raise the children. If this is the case, the courts can once again get involved, which may lead to serious problems for the non-complying parent.

Useful legal papers for sending kids off to college

You have helped them shop for dorm essentials, purchased them a new laptop, and even dropped them off for freshman orientation. However, one thing you may not have considered is making sure that that they have their legal papers in order.

Joint custody and household rules

Many divorcing parents here in California pursue joint custody arrangements when it comes to their kids. Among the things divorcing couples may find attractive about such custody is that it can give both parents ample opportunity to maintain a strong relationship with the kids.

How parents can make sharing child custody easier after divorce

For many parents, the continued well-being and stability of their children is the primary concern in divorce. It is not easy to address issues related to visitation schedules, parental rights and parenting time, but a fair and reasonable order can benefit the children for years to come. Some parents, either by choice or court order, have to share child custody responsibilities through a co-parenting or joint custody agreement.

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