Articles Posted in Child Custody & Visitation

Appointing a guardian ad litem for a parent in a dependency matter drastically alters the parent’s role. Specifically, it allocates control and direction of the litigation to the guardian ad litem rather than the parent. Although it is sometimes necessary to appoint a guardian ad litem to protect the parent, as explained in a recent opinion issued by a California court, the appointment of a guardian ad litem should not be used as a means to restrain a difficult parent, even if the parent repeatedly acts against their own interests and that of their child and interferes with court proceedings. If your parental rights are in jeopardy, it is advisable to speak to a skilled San Diego child custody attorney to discuss what measures you can take to protect your interests.

Procedural History of the Case

It is reported that in June 2018 and in January 2019, the mother presented to the emergency departments of a hospital complaining of migraines and pain. Blood tests during her visits revealed her BAC to be .297 and .296, respectively. Following her second trip to the hospital, the Los Angeles County Department of Children and Family Services (the Department) filed a petition to have the mother’s minor son deemed a dependent of the state, alleging that the mother had an extensive history of alcohol abuse and suffered from anxiety and depression, which rendered her unable to care for her minor son.

Allegedly, the court sustained the allegations in the complaint and deemed the mother’s son a dependent child. The mother underwent a court-ordered psychiatric evaluation, and the doctor that examined her concluded that she suffered from anxiety and anger issues but that they arose out of the dependency proceeding and not a mental illness. Due to the mother’s erratic behavior and repeated disputes with her attorney during the pendency of proceedings, the court raised the issue of whether to appoint a guardian ad litem for the mother. The court ultimately decided to appoint a guardian ad litem for the mother, after which she appealed. Continue reading

There are a number of difficult aspects that parties go through during a divorce, which include the division of assets and debts and child and spousal support.  However, there is nothing more difficult than the issue determining child custody and visitation.

The end of a marriage is emotional, whether or not children are involved; however, when children are involved, the issues become more complex and difficult.  Understanding the court procedure of child custody and visitation and the law, may assist with the issues that arise.

Understanding Child Custody

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When children are part of a divorce, child custody and visitation tend to be the parties’ primary objective, and other matters like spousal support, child support, and the division of assets and debts tend to be less important.

Understanding the Types of Child custody

In the initial stages of a divorce, it is up to the parents to establish a parenting plan that is in the best interest of their child.  It is always better if the parties develop a parenting, which encompasses their child’s best interest.  If the matter goes in front of the judge, that judge does not know your child and will make a determination based on what evidence is presented.

Aaron’s and Jessica’s marriage was on its final leg, and after trying to maintain the façade of a happy marriage for their children, they decided to part ways.  However, even though they decide to separate, they were worried about the impact that it would have on their children.

Divorce can be devastating on a family and have a traumatic impact on children. Most adults have trouble dealing and adjusting with the process of divorce and it impacts the children of the relationship more drastically and may cause future issues.

The effects of divorce on children can be long-lasting and may negatively impact their way of dealing with their future relationships. Studies have shown that in the United States, daughters of divorced parents have a 60% higher divorce rate as compared to those who have non-divorced parents.

Couples use a prenuptial agreement to address the parties’ interest in the assets and debts in the event of separation or divorce. A prenuptial agreement is also helpful in the death of one spouse. It can assist in resolving problems regarding distributions of marital debts as well as assets. A prenuptial agreement is becoming common, but couples can be hesitant to sign one. You can make your decision by considering how a prenuptial agreement can help you. (See Family Code section 1610).

Marriages are not only a romantic relationship, but also a kind of business-based relationship. To, secure everyone’s financial interest is extremely useful.

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Everything has its advantages and disadvantages. It is significant to understand the drawbacks of what you are going to do? If we talk about it from emotional viewpoint, couples may feel awkward when approaching the idea of a prenuptial agreement. It also creates a sense of distrust between the two people in love who are expecting to become one in future.

Children suffer the most when parents opt for Divorce or legal separation. Not only do they suffer emotionally, but even their future becomes unclear and blurry. If parents fail to sort out their differences, it may negatively impact a child.

One of the most sensitive matters in a Divorce is child custody and visitation and child support. The effects of Divorce on a child are everlasting, and the decision the Family Law Judge takes regarding support and custody plays a significant role in their life.

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Child custody Cases in California

Divorce is a big life transition, as well as loss. During the painful event of divorce or separation, the majority of the people are emotionally shattered, especially fathers with young children.

Through some tips, we may be able to reduce the stress of your divorce process. It is good to focus on the positive instead of negativity because your situation may improve over time if you stay positive.

Here are some tips for fathers to help them survive the process of divorce. Some of these tips are straightforward; however, the rest of them will require more effort. Recite these tips and apply them accordingly to your situation.

When two people, who are deeply in love, get married, the thought of divorce never crosses their minds. Sometimes these couples, who used to be so in love, find it difficult to stay together and their marriage ends in a divorce, Thus, the couple must prepare for separation. Divorce is never easy, be it a contested or uncontested. The spouses suffer, and even the children may be dragged into the mess, which can scar them for life.

If your marriage is at the verge of breaking, and you have started thinking of divorce, here are the things that you must know about divorces in San Diego.

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California is a No-Fault State

Divorce is hard on the entire family. Not only does it break the family apart, but it disrupts each member’s mental, emotional, and financial stability. There are different ways of coping with legal separation or divorce, and some ex-spouses decide to move away. It is a common way people react after divorce. The process can be depressing, and by moving away from the bad memories, an individual may believe that it will be easier to start fresh.

Moving away is not an easy decision, and things get extremely complicated when a divorced couple has children to consider. When a parent decides to move away with the child, the other parent may object as it will affect the visitation schedule set by the Court. See California Family Code section 7501.

Move-away child custody cases are the most challenging cases the Family Law Court must handle. It is not just overwhelming for the family but even for the Judge who must give the final decision, which may keep one parent away from their child because the court cannot prevent a parent from moving.

As we know, each case is unique, but there’s always a right and a wrong way to go about divorce or separation. There are several things that both you and your partner can or should do in order to make the procedure go as easily as possible.

Unfortunately, throughout our years of experience in dealing with divorce proceedings, we have encountered a number of couples that were unintentionally or intentionally committing some common mistakes that hindered the process of divorce.

In this post, you’ll get informative guidelines regarding common mistakes to avoid:

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