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There are various laws surrounding physical and legal custody of children following a divorce. Learn what options you have before creating a plan so that you can end up like the mother and daughter pictured here… read more
Child custody cases can be long and drawn out affairs with both parents passionately fighting for their children. However, it is the court’s decision to determine what happens with a child, so they will do all they can to gain facts and evidence to make the best choice possible.
Child Comes First
The first rule of law when it comes to child custody cases is that the court is required to make a determination on what is in the child’s best interest. This may be difficult for many parents to accept, especially if their relationship has deteriorated. In California, it is always considered to be in the child’s best interest for them to receive as much time as possible with both parents. This usually results in an equal timeshare, or 50/50 physical custody with both parents having equal legal custody. This means that parents are both legally allowed to determine what happens to their children but they may only have them half of the time. Child custody schedules can be worked out to fit individual situations.
In some cases, the court may determine that a parent is not fit to have custody of their child. This may happen if they work in an unsafe profession, have substance abuse issues or if they are mentally or physically abusive. If this is known by the court, they may completely eliminate custody and only allow visitation with court ordered supervision.
Child custody cases are all very involved and individually decided. You can learn more on the subject from a child custody lawyer in San Diego by visiting this website.
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Dividing property during a divorce can be one of the most difficult parts of legally ending a marriage. You may be emotionally tied to your home, car, collectables, and other items, but your spouse may be equally invested as well. Consider the following five tips that future divorcees can use to help the process be as amicable as possible:
1. List All Belongings
Take the time to get together and list every single piece of property that you own jointly. This includes everything that you have purchased during the marriage. The list will help you value and divide things more easily.
2. Flip a Coin
Flipping a coin may sound scary, but it can be an effective method. The winner of the toss makes up two lists dividing all property. Then the other person decides which list they want to take and the list maker receives all the property on the other list.
3. Sell All Joint Property
This may not work for everyone, but holding a garage or yard sale and splitting the proceeds can be effective at reducing issues in this process.
4. Coin Flip for Value
Divorcees can also flip coins to decide who determines the value of specific items. Then the other spouse decides whether they want to claim the property as their own.
Houses, cars and businesses can be settled by bidding on items. Each party puts their bid in a sealed envelope. The person who bids most wins the item, and equalization payments are made on the amount.
These situations can be complicated and difficult to maneuver without an advocate fighting on your behalf. Visit this website to learn more about the subject from a property division attorney in San Diego.
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It is important to understand the California law if you want visitation with your grandchildren. A grandparent is allowed to ask the court for reasonable visitation with a grandchild. In order to give the grandparent reasonable visitation with the grandchild, the court has to determine two things.
1. Pre-Existing Relationship
The court must find that there was a pre-existing relationship between the grandchild and grandparent and that that relationship created a bond. The bond must be so strong that the court deems visitation to be in the very best interest of the grandchild.
2. Balance Between Grandparent and Parent
The court must balance the best interest of the child regarding visitation with the grandparent with the parental rights concerning making decisions about their child.
The grandparents are not allowed to file for visitation rights if the parents of the child are married. However, there are exceptions.
3. Exceptions that Allow Grandparents Visitation Filing Rights
The parents live separately.
The whereabouts of the parents are unknown.
One parent joins with the grandparent’s petition.
The child is not living with either of his parents.
A stepparent has adopted the child.
If a grandparent does have visitation through the courts and circumstances change making none of these exceptions apply, the parents can request the court to terminate the grandparent’s visitation. The court will then end the visitation rights of the grandparents. If you find yourself in this difficult circumstance, it would be advisable to find a good grandparents rights attorney in San Diego,visit this website.
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Choosing the right path to a new life could involve leaving your old life behind by means of a divorce. When the signs that you need a change become apparent, a mediator can get you going in the right direction... read more
One of the ugliest parts of divorce is the child custody battle. It’s a difficult and sensitive field to learn how to maneuver, even with legal representation. Parents should become familiar with the things that are considered during California child custody battles so they can be prepared.
A big factor is how parents behave during the custody case. It is unwise for parents to lie about anything, as it can harm their entire credibility, or talk negatively about each other in front of the children. Judges look for signs of brainwashing, also called parental alienation. They also review each parent’s history for abuse, drug use, and other criminal activity. Additional important influences are cooperation and communication.
Judges have the children’s best interests at heart. They have no personal investment in the final arrangement, so their decisions really are about giving the children the best situation possible, whether the parents like it or not. They consider the children’s health, safety, education, and ages.
When it comes to family time spent together, quality trumps quantity. Judges strongly regard the emotional bond each parent has with the children, while also factoring in circumstances like work and the children’s personalities. Older children may be given the opportunity to express parental preference, though it is not a guarantee they will only get to live with the desired parent.
Parents should do all they can to make their child custody case as civil as possible not just for their own sakes, but especially for the sake of their children. To get more information on a move away attorney in Irvine for easy child relocation, visit this website.