Category: <span>Parenting</span>

Visitation Schedules

March 15, 2022February 25, 2022
by Briana White

Between school and work schedules, the modern family has a lot going on. As a result, even when both parents are qualified, it’s not always possible for California courts to split a child’s time fifty/fifty.

When this happens, the court will sometimes choose a primary residence for the child, and award the non-resident parent ample visitation.

Visitation comes in several types and can be either scheduled or not. This important parental right ensures both parents have time to cultivate a meaningful relationship with their child and to influence how they’re raised.

Here’s what you need to know about visitation schedules in California, and what Maples Family Law can do to help you figure out the plan that’s right for your family.

What is Visitation?

Visitation is a critical part of child custody, and refers to the allotted parenting time given to a non-custodial parent. This in-person time is critical to maintaining parental rights, and ensures both parents have access to their child.

When visitation is planned in advance, this is called a visitation schedule. Visitation schedules can be as detailed or flexible as parents can handle; some need everything planned out, while others work better on an as-needed basis.

Visitation—whether scheduled or not—is only really applicable in situations where one parent is assigned sole physical custody. If both parents have their child for an equal (or close to) amount of time, this is called joint custody.

In California, all custody decisions—including visitation—will be determined, according to a child’s best interest.

Figuring Out the Visitation That’s Best for Your Child

The best interest of the child is a legal standard that makes a child’s long-term health and wellbeing the driving force behind every decision made.

When applied to custody and visitation, the court will weigh a number of different individualized facts, and choose the outcome that will serve your child best.

Some of these considerations include:

The child’s age;
The child’s health;
The child’s relationship with each parent;
The child’s ties to school, home, and community;
Each parent’s ability to care for the child; and,
Any history of family violence or substance abuse.

Judges are also free to consider any other tidbits they think might be relevant to this decision—though, we should point that, that a parent’s wishes will never be one of those morsels.

Types of Visitation

Like with everything else in family law, visitation isn’t a one size fits all situation. Families are each unique, and thus, each will need an arrangement tailored to their child’s unique needs.

To accommodate all these varying needs, California family law offers four main types of visitation. These include:

Scheduled Visitation
Reasonable Visitation
Supervised Visitation
No Visitation

Here’s a closer look at each of these, and when you might use one over the other during a custody dispute.

1. Scheduled Visitation

When people think of visitation, scheduled visitation is usually what comes to mind. In this arrangement, a child’s time with each parent is planned out—often in fairly significant detail.

Often, this calendar often will include information about:

The dates and times with each parent;
Drop off times and locations;
Where the child will spend major holidays;
Who gets the child on birthdays;
School schedules, summer holidays, and family vacations; as well as,
Directions for how special events will be handled.

Contrary to popular belief, parents do not have to use the court in order to get a scheduled visitation. Parents are always free to make their own parenting plan, and can tailor it to meet their family’s specific needs. If you can’t, though, then the court will draft one for you.

This is usually done using a standard visitation schedule as a starting point. These standard schedules come in a variety of different formats, such as alternating weeks, every other weekend, and even age appropriate schedules, depending on the child’s needs. (For example, a daytime only schedule for a newborn baby.)

Scheduled visitation is often preferred over other types of visitation, since both parents know what to expect. This helps them to avoid conflict, and provides children with a set routine. However, not all parents like the rigidity of a scheduled arrangement, which is why some choose our next option.

2. Reasonable Visitation

Unlike scheduled visitation, reasonable visitation does not try to plan everything out. Instead, parents agree to allow the other a “reasonable” amount of time with the child, and get to decide—on their own—what, exactly, that means.

Reasonable visitation is essentially an open-ended, “fly by the seat of your pants” arrangement, and offers families a lot of benefits. Like flexibility, and ongoing communication. Because of this, they work particularly well for amicable divorces, unmarried parents, and those with unpredictable work schedules. However, it’s definitely not for everyone.

With no structure in place—or, even a definition of what “reasonable” might be—this type of visitation can easily lead to disagreements, requiring parents to head back to court again, later on down the road.

3. Supervised Visitation

In a supervised visitation arrangement, a parent’s time with their child is chaperoned. This can be done either by a neutral third party (such as a family friend or family member), or, in some cases, may require a paid professional (such a social worker).

Judges usually require supervised visitation, when the health and safety of the child are in question. Sometimes, this is because of domestic violence. Other times, the court might be worried about mental illness, substance abuse, or even, parental abduction. However, supervised visitation doesn’t always mean you’ve done something bad.

Supervised visitation is also used to help parent and child ease into a relationship, if the two haven’t seen each other in a long time.

4. No Visitation

And finally, there’s our least commonly used type of visitation: no visitation.

We say “least commonly used,” here, because parental rights are pretty dang important in California. Hence, in order for the court to completely restrict a parent’s access to their child, the threat of harm has to be fairly significant.

This is usually implemented in cases of known domestic violence, where the threat of physical and/or emotional harm still exists. In California, the court will not put a child in danger just to uphold a parent’s right to access. That being said, keep in mind that you (as a parent) don’t get to make that call.

In California, parents are not allowed to withhold visitation for any reason. Doing so could put your own parental rights at risk, and prompt the court to reevaluate your custody order.

If you believe your child is in danger, then you should call the authorities. Afterwards, talk to your family law attorney about filing a formal case.

Do You Need Help with a Visitation Schedule in California?

As a divorced or unmarried parent, your allotted parenting time is a critical part of establishing and maintaining a relationship with your child. That’s why it’s so important to have the right attorney fighting for your rights during a custody dispute.

If you have more questions about visitation schedules in California, and how one might work in your situation, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us fight for the arrangement that’s in your child’s best interest.

Child Custody

Intro to Visitation in California

January 12, 2022January 14, 2022
by Briana White

Between school, play, chores, and extracurricular activities, kids are a busy bunch. Which means that when it comes to divorce, it can sometimes be tricky for California courts to divide a child’s time exactly equally between parents—even when both are evenly qualified.

That’s why, in California, it’s common for judges to assign one parent to be the child’s primary residence parent, while awarding the other ample parenting time in the form of visitation.

Visitation is an essential part of custody, and parental rights. It ensures each parent has access to their child, and that both can continue strengthening that relationship through in-person contact.

Here’s what you need to know about visitation in California, how it relates to child custody, and what the Maples Family team can do to help you navigate these important parental rights.

An Intro to Visitation in California

Visitation refers to the scheduled time that a noncustodial parent gets to spend with their child. It is also a major component of child custody; so much so, that you can’t really talk about one without discussing the other.

But what is child custody, exactly?

In California, “custody” encompasses all the rights, powers, and responsibilities that come with being a parent. Technically, someone could have custody over an incapacitated, ill, or aging adult, too; however, this concept is most commonly associated with children and divorce.

As a matter of law, only a child’s parents—whether biological, or adopted—have an inherent right to custody over their child. However, in some limited circumstances, the court might grant the child’s grandparents visitation.

When deciding custody for divorcing or unmarried parents, California will divide these powers into two major groups: legal custody, and physical custody. Here’s a closer look.

Legal Custody

First, there’s legal custody. This aspect of custody deals with a parent’s decision making and legal authority, and enables a parent to make choices about their child’s:

Schooling and education;
Childcare;
Mental health treatment;
Medical care (including doctors, dentists, and emergency surgery);
Extracurricular activities; and even,
Religious and cultural exposures.

Legal custody packs a lot of important rights under one umbrella. From large-scale decisions, all the way down to signing that field trip permission slip, legal custody puts you at the forefront of how your child will be raised.

Physical Custody

On the other hand, is physical custody. And, like its name implies, this category of rights protects a parent’s right to have physical, in-person time with their child.

In legal speak, this time is called “access,” and it encompasses much more than just the occasional fly by.

Parents have a right to see their child—and not just briefly and sporadically—but long-term and extended. They have the right to live under the same roof as their child, where they can regularly interact, care for, and build the kind of a relationship that only an intimate home environment can really provide.

This is where visitation comes into play.

Because it can be so difficult to divide a child’s time exactly equally between parents, California courts will usually assign one parent to be the child’s primary residence, while awarding the other visitation. But how to decide who gets what?

The court makes these assignments by considering what is in the best interest of the child.

Best Interest of the Child

“Best interest of the child” is a legal standard that is applied for all decisions involving minors, and strives to choose an outcome that will serve a child’s long-term health and happiness the best.

Hence, when deciding who will be a child’s primary custodian, and who will receive visitation, some of the things your judge might consider will include:

The child’s age;
The child’s health;
The child’s relationship with each parent;
The child’s social and community ties;
Each parent’s ability to care for the child; and,
Any history of substance abuse or domestic violence.

As you can see, gender does not appear on our list of considerations. That’s because in California, custody decisions are completely gender neutral, meaning that the type of visitation order you receive will depend entirely on your merit as a parent, alone; not your sex (or sexual orientation, for that matter).

Visitation Orders

Visitation orders aren’t a “one-size-fits-all” kind of thing. Instead, these assignments will vary between cases, and are designed to work within your family’s unique circumstances.

To this end, there are four main ways California courts can assign visitation in California. These include:

Scheduled Visitation. In this situation, parents have an order that specifies all the details of their division of time, including dates, times, drop offs, pickups, holidays, and other special occasions. This type of visitation is typically the result of contested divorce litigation.
Reasonable Visitation. Here, a couple’s order is more open ended, leaving the parents to work out specific details, as needed. This type or visitation typically works best for parents who have a good working relationship.
Supervised Visitation. When a child’s safety and/or well-being cannot be trusted to the noncustodial parent, the court might assign supervised visitation. In these scenarios, visits must be chaperoned by either another adult, or professional agency (depending on the circumstances).
No Visitation. Finally, there’s always the option of no visitation. Here, the risks of harm to a child’s physical or mental wellbeing are so great, that the court is not comfortable awarding any type of in person time. In this scenario, the custodial parent would have “sole physical custody.”

In California, parents are always free to come up with their own custody arrangements, either on their own, or through mediation.

However, keep in mind that your parenting plan—including all decisions about custody, visitation, and child support—will still need judicial approval, whether agreed upon or not.

Tips for Reducing Custody Conflicts

Once finalized, your custody agreement will be enforceable, and you will be expected to carry out your obligations, as outlined.

In practice, this isn’t always easy (no one said dealing with your ex would be…) But sharing custody doesn’t have to be as hard as you might be thinking, either.

To help your custody arrangement operate more smoothly, try to use some of these tips when interacting with your ex:

Be polite and respectful.
Be clear and specific.
Stay on topic.
Write down what you discussed, and share a copy with your child’s other parent.
Keep a record of your visitation times, drop offs, and exchanges.
Avoid talking about custody problems while under the influence.
Avoid talking about custody problems while your child is around.
Avoid casual small talk, text messaging, or other non-essential communication.
Make sure you’re both present when discussing important matters with doctors, teachers, and other professionals.
Do not talk badly about your child’s other parent to that child.
Focus on what’s best for your child (not what you want).

If it helps, treat your child’s other parent the same way you’d handle a business colleague. This mentality will ensure that all your encounters stay short, sweet, and professional at all times.

In California, your attitude towards sharing custody can actually influence the division of custody. In some cases, a systematic failure to cooperate with your child’s other parent could actually result in the court awarding primary residence to the child’s other parent. So it’s best to keep things as civil as possible, at all times.

At the end of the day, if there is a legitimate reason why your custody arrangement is no longer working, then it may be time to talk to your attorney about modifying visitation.

Do You Need Help with Visitation in California?

As a parent, you want what’s best for your child, and turning them over to someone you no longer trust can be incredibly difficult. That’s why it’s so important to have a family law attorney you can trust. One who will fight tirelessly for an arrangement that’s in your child’s best interest.

If you have more questions about visitation in California, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and together, we can find the custody order that’s right for your family.

family-law

Unmarried Parents in CA

September 24, 2021
by Briana White

Divorce and custody go together about as often as peanut butter and jelly. Hence, it’s easy to see why parental rights and marital rights sometimes get mixed up.

But—just like you don’t have to pair peanut butter with jelly—you also don’t have to be married to be a parent. Which is why parental rights are kept completely separate from the marriage relationship.

Hence, whether you are married, divorced, widowed, partnered, single, or unmarried, parents everywhere have the same rights and responsibilities to their child, regardless of relationship status. That being said, unmarried parents may still face some additional hurdles, when it comes to child custody.

Here are some of the most common questions that arise for unmarried parents in California, and how the Maples Family Law team can help you navigate these challenges.

Presumption of Parenthood

We meant what we said in our intro about parental rights: all California parents have the same parental rights and obligations, regardless of relationship status.

But if that’s true, you might be wondering, then why do unmarried parents in California face additional challenges?

The primary reason that unmarried parents are in this conundrum is because of California’s presumption of parenthood, which assumes that any child born into a marriage is the legal offspring of the individuals in that marriage.

This presumption is great, if you’re a legally married couple, because it allows you to automatically assume the mantel of parenthood (and all of its accompanying rights and responsibilities) without any hoopla. However, there are two main instances when the parenthood presumption falls short:

When both parents are unmarried.
When one parent is married, and the other is not (a.k.a.: adultery).

In both of these instances, California’s presumption of parenthood either wrongly presumes who the parents are, or simply fails to cover one half of the duo, altogether.

Because of this, unmarried parents may have a few more hoops to jump through, in order to establish themselves as legal parents—however, this does not mean that the rights of unmarried parents are any different.

The Rights of Unmarried Parents

Whether adopted or biological, the job of a parent comes with a lot of authority, decision-making power, and responsibility over a child. This authority is what’s roughly defined as child custody, which is divided into two main categories:

Legal Custody—the right to make decisions on behalf of your child, and to determine how they will be raised.
Physical Custody—the right to see your child, spend time with them, and have them live in your home.

These parental rights are given a lot of deference by California courts, and—whether you are married or unmarried—they will not be taken away unless it’s absolutely necessary for a child’s best interest.

However, because the presumption of parenthood falls short, unmarried parents will need to establish themselves as a child’s legal parent, before they are able to exercise these rights.

Establishing Parentage

The nature of the birthing process doesn’t leave a lot of room for doubt as to who a child’s mother is. Hence, a birth mother is automatically considered a child’s legal parent—with full legal power and parental authority—as soon as her child is born.

Unmarried fathers, on the other hand, are not given this automatic presumption, unless they have already been living with their partner in a family-type setting prior to birth. If not, however, the unmarried father will be unable to claim rights to things like custody or visitation until they are recognized by the court as a legal parent.

This can be done one of two ways:

By mutual consent of the parents, upon the child’s birth.
Through a court trial.

Here’s a closer look.

1. Consent at Birth

The easiest way to establish paternity is for both unmarried parents to sign a Declaration of Parentage, upon their child’s birth.

If this form is completed before you leave the hospital, then an unmarried father can be included on their child’s birth certificate right from the get-go. However, this declaration can also be signed later on—even after the birth certificate has been issued—so long as it is voluntarily executed by both parents.

In the event that an unmarried mother refuses to recognize her child’s father, or, if the father does not want to take responsibility for their child, then things will need to be settled in court. Which brings us to the second method of establishing parentage.

2. Court Contested Parentage

The second way to establish parentage is through a judge.

This is obviously a more complex (not to mention emotional) method of establishing parentage. On the bright side, however, these days it is also a fairly straightforward process, thanks to DNA testing.

In California, either a mother or a father can file a parentage case, so long as they meet California’s six months residency requirement, and can show that they have a valid claim.

Typically, the court will respond to these petitions by ordering a non-invasive DNA test (or, in other words, a mouth swab). Refusing to take this test is usually considered an admission of guilt, and the court will assign parentage, accordingly.

Keep in mind, however, that you can’t take the perks of parenthood without the responsibilities. If the court determines that you are, in fact, a child’s legal parent, then you will be responsible for more than just playtime and decision making—you’ll also be on the line for your child’s care, too, which will likely include child support.

Once this parentage is legally established, both parents will need to draft a parenting plan, which will organize your respective rights and duties as co-parents.

California’s Third Parent Law

Historically, same sex couples have faced a lot of problems in the areas of parentage and child custody. This is because—even when they are legally married—it’s impossible for both spouses to be their child’s biological parent.

Because of this, the presumption of parenthood is inherently prejudiced towards them, acting as a barrier to legitimate parents, who are unable to assume parental rights upon their child’s birth.

The problem is, of course, how do you extend these rights to same sex parents, without accidently infringing on the rights of a birth mother (who may not want to give up her rights, altogether)?

Thankfully, California legislatures are working hard to address these issues, and in 2013 they adopted a groundbreaking “Third Parent Law.” Under this new rule, three, gender neutral parent lines are now provided on a child’s birth certificate, allowing a birth mother to retain her rights, while also giving committed, same sex couples and spouses full parenting rights immediately upon their child’s birth.

Unmarried Parents Attorneys in California

Whether you’re a peanut butter and jelly couple, a single condiment parent, or some other kind of sandwich, altogether, parental rights are the same, regardless of your relationship status.

Hence, if you’re an unmarried parent in California, and have more questions about the rights and obligations of you and your child’s other parent, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.

Divorce

Parental Rights

June 16, 2021
by Briana White

Between tantrums and teenagers, it’s sometimes hard for parents to feel like they have control over anything their child does. However, while there’s only so much you can do to change the tides of an adolescent mood swing, in the legal sphere, your role as your child’s protector and provider actually comes with a lot of rights.

These powers are called “parental rights,” and they are inherent to the job title, which means that even if you get a divorce, your right to have a relationship with your child won’t expire.

Here’s what you need to know about parental rights in California, and how Maples Family Law can help make sure yours are protected.

What Are Parental Rights?

First off, let’s define exactly what we’re talking about, here.

In California, parental rights refer to the various powers and responsibilities that parents have to care for, and make decisions on behalf of their child.

This authority is inherent to your role as a parent, meaning it can’t be taken away from you, except by court order (which generally only happens under extreme circumstances, such as neglect, abuse, or family violence).

While married, neither spouse needs the permission of the other to exercise their parental authority. Instead, the court presumes that the decisions of one parent speaks for the mind of both, and that they are united in the direction of care for their child. Once you get divorce, however, all that changes.

What Happens to Parental Rights During Divorce?

Unlike marital rights, parental powers are not severed by divorce—after all, you don’t stop being a parent, just because you’re no longer a spouse. (The same logic applies to unmarried parents, whose parental authority isn’t invalidated by the fact that they aren’t married.)

That being said, just because these powers don’t disappear, doesn’t mean they’ll operate the same way on the other side of divorce.

When you file for divorce, that’s a pretty clear indication that you and your spouse are no longer on the same mental wavelength. And since the court can no longer assume that the decisions of one represents the mind of both, they’ll need to set parameters on how parental authority is used, and where your child will spend their time. In layman’s terms, we’re talking about a “custody battle.”

In a custody dispute, the court assigns parental rights by breaking them into two main categories: legal and physical. Each can then be distributed either to one spouse, individually (in “sole custody”), or to both, as a shared responsibility (“joint custody”).

Whether your child came to you biologically, or through adoption, these custody distinctions—as well as the various laws governing parental rights—remain the same.

Parental Rights and Adoption

Unlike a guardianship, adoption is permanent, and has far-reaching effects. This legal action completely alters a child’s family tree, reaching both forward and backwards through time, shifting the lines of inheritance to adopted parents, and requiring the child to have a new birth certificate.

In other words, once adoption is complete, it’s as though—for all intents and legal purposes—the child’s adopted parents were its only parents.

This means that adopted parents enjoy the same rights as their biological counterparts—in the eyes of the law, there is no difference. Once finalized, adopted parents may claim the full mantle of parental rights and responsibilities.

Parental Rights for Unmarried Parents

When a child is born into a marriage, California courts presume that the baby is the biological offspring of the mother and father in that marriage. A baby’s parentage can also be assumed if the parents have been living together, but aren’t married.

What happens, though, if the parents aren’t married, or if the baby is fathered by a man who isn’t the mother’s husband?

Technically, parental powers should apply, regardless of your marital status. However, because they aren’t married, California’s presumption of parenthood can’t be applied the same way, and this can cause some unique hurdles—particularly for unwed fathers.

How the Court Views Unwed Mothers

Once her child is born, an unwed mother automatically assumes parental power.

This is because, well, let’s be real, here: birth is a pretty hard thing to fake. It’s not something that leaves a lot of doubt on who the biological parent is, and hence, this half of the parental rights duo is easy to legally assign.

Unless someone is challenging her ability to care for the child, an unwed mother receives full custodial power and parental authority upon the birth of her child—no legal hoops necessary.

How the Court Views Unwed Fathers

Due to nature’s biological constraints, it’s a lot harder to verify an unwed father’s claims to parenthood than a mother’s. That’s why in California, unwed fathers are not automatically given parental rights when a child is born.

According to California family law, unwed fathers are not considered a child’s legal parent until they establish paternity—regardless of whether or not they are in a relationship with the child’s mother, or even if they are listed on the child’s birth certificate.

Unless the father has actually been living with the mother for a significant amount of time prior to the child’s birth, he must establish paternity before he can assume parental authority. Until he does so, he will not be able to make decisions on behalf of the child, or have any right to custody, including visitation.

Establishing Paternity

There are two ways for an unwed father to establish paternity:

To have both mother and father sign a “Voluntary Declaration of Paternity” form; or,
Pursue a paternity action in court.

Naturally, the most headache-free option of these two, is to simply sign and submit the paternity form.

However, if the mother refuses to acknowledge paternity—or, conversely, if a father, himself, refuses to take responsibility for his child’s welfare—then either father or mother will need to file an action in court, before rights and responsibilities can either be claimed or assigned.

A court paternity action can be filed by any of the following:

The child’s mother;
Any man claiming to be the father;
Any man that could possibly be the father;
A child support agency; or,
An adoption agency.

Usually when a paternity case is brought before the court, a judge will require both the baby and its potential father to submit material for genetic testing. These tests are much less invasive, once a baby is born, which is why courts almost never require in utero genetic tests.

Once the baby’s parentage has been established, the court will then assign each parent their various rights and responsibilities, including child support, custody, visitation, and health insurance.

If the male in question refuses to cooperate with genetic tests, the court is permitted to take this as evidence that he is the father, and may assign him parental responsibilities, anyway.

Same Sex Parental Rights

Over recent decades, California has set itself apart as being one of the most progressive states, in terms of protecting the rights of same sex couples, spouses, and parents.

Because of these efforts, same sex parents in California now enjoy the same parental rights as those of a hetero couple, with other anti-discrimination laws in place to protect them from unfair prejudice in court. California has even enacted legislation that allows more than two parents to retain parental rights, which can help a same sex parent retain custody, upon divorce.

Even still, same sex couples continue to face discrimination when it comes to child custody. Hence, the best way to ensure that both have indisputable custodial rights over their child, is for each to simply adopt, right from the onset.

If you have more concerns about how parental rights apply to same sex custody situations, it’s best to speak to a family law attorney about your unique situation.

Parental Rights Attorneys in California

At Maples, we know that nothing is more important to you than your child. You care about their emotional and physical wellbeing, and worry that you won’t be able to see them, after your divorce. As parents, ourselves, we understand these concerns, which is why we hope you’ll trust us to help protect this precious relationship.

If you have more questions about parental rights in California, and how divorce might affect your family dynamics, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help protect the best interest of your child.

Child Support

California Child Support

February 3, 2021February 1, 2021
by Briana White

Divorce is complicated. Splitting a life into two parts is daunting enough all on its own, but—just like everything else in life—with children involved, things gets trickier. Between custody, and visitation schedules, there’s a lot to figure out when it comes to kids, and child support certainly isn’t cheap. If you’re a parent contemplating divorce, and you’re fairly sure that your kids won’t live with you most of the time, you’re not alone in wondering when child support ends in California.

Here’s what you need to know about California child support, including how to estimate the amount of your payments, and how long these obligations will last.

What is Child Support?

If your divorce goes a lot like most we see, your child custody arrangement won’t result in a 50/50 physical custody split. Instead, the division will be unequal, with the primary custodial parent spending a lot more on child-related expenses than the other. In these situations, child support is meant to help offset the incredible costs of raising a child, and is usually made by the non-custodial parent in a divorce.

What is Child Support For?

Child support is money intended to help pay for a child’s expenses. While this naturally means food and clothes, these funds aren’t just about essential survival. Child support payments can be used to pay rent, compensate for transportation costs, buy groceries—even if they feed other people in the house—and can even cover things like extracurricular activities and entertainment for the child. These funds are a contribution to the family’s community money that helps keep the child’s standard of living intact.

In general, courts do not micromanage how child support funds are spent, and short of obvious neglect or abuse, a parent isn’t going to be required to make an accounting of them. Not only would such a thing not be feasible (since children are so integrated into our lives and expenses), but it would also place a huge, unnecessary strain on an already-overloaded court system.

Child Support Obligations: More Than Just Money

Child support isn’t only a financial payment each month, it also includes things like healthcare coverage (such as medical, vision and dental). Parents who already have insurance will likely be ordered to continue this coverage, so long as the costs are reasonable. If health insurance payments are made out of pocket, these obligations can be used to offset the total owed in child support. In the event that neither you or your spouse has health insurance when you divorce, don’t be surprised if a judge orders you to start paying for it, as it’s pretty standard procedure for courts to require healthcare in child support and parenting orders.

In addition to healthcare insurance, your divorce order will likely include a separate provision addressing expenses accrued out of pocket (such as a deductible or any uninsured medical costs). Since both parents are responsible for financially providing for their children, if you end up shouldering these kinds of expenses while caring for your child, you should be entitled to a fifty percent reimbursement from your former spouse.

Do You Have to Agree on a Child Support Amount?

Under California law, parents don’t have a lot of say in the amount of child support. The state has specific guidelines on how much money a non-custodial parent has to pay for the care of his or her child, and unless you have special circumstances, the court isn’t going to deviate from these guidelines.

The only exception, is if the non-custodial parent wants to pay more than the court orders. If both parents agree to payments that are greater than what California’s guidelines require, the court will likely honor this arrangement.

If you are curious what your payments might look like, try using this child support calculator. Keep in mind, however, that this amount can be adjusted to fit what’s “fair and reasonable,” and the final amount will ultimately be up to your judge.

When Does Child Support End in California?

Many individuals assume that child support payments end when the child turns eighteen, and this isn’t the case. In California, a non-custodial parent is typically required to pay child support until the child turns nineteen, or until high school graduation, whichever comes first. The only circumstances a parent can stop paying child support early, is if the child:

Gets married;
Joins the military;
Becomes emancipated; or
Passes away.

Do Child Support Payments Have to End When a Child is Old Enough?

Parents can agree to pay child support for as long as they want. Usually, extending payments beyond the child’s age of majority happens when parents want to pay for college. If you or your spouse are willing to continue paying child support during the time your child is in college, this can be written into your divorce agreement. The key is that you must both agree.

California Child Support Attorneys

If you have questions about child support in California—including queries about calculating payments, and when this support will end—we can help. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online, and let our team help make sure your child support needs are being met.

family-law

Joint Custody

February 1, 2021
by Briana White

Child custody refers to a parent’s authority to care for their child, and, during divorce, a judge can assign these powers between spouses as joint custody, or to only one parent in sole custody.

The division of such rights can be quite complicated, and couples should not try to resolve these matters on their own. Instead, families should work with an attorney to make sure that both the child’s best interest are being met, and that they aren’t giving up any essential rights. However, that doesn’t mean it has to be a dogfight.

Most couples find that working together to find a child custody agreement makes the whole divorce a lot easier.

But what is custody, and how does it apply to you?

Here’s a little bit about how custody is handled in California, and why you and your spouse are likely to be awarded joint custody rights.

What is Joint Custody

When you become a parent (either biologically, or through adoption), you don an invisible mantle of rights and responsibilities which are inherent to the role. For children born inside the marriage, this parental authority is shared equally and used interchangeably between spouses. However, upon divorce, these powers will need to be distributed between partners, since some responsibilities simply can’t be shared if parents aren’t living under the same roof.

To this end, judges are free to divide parental rights in one of two ways:

Joint Custody—powers are shared between spouses, either unequally or equally; or,
Sole Custody—when authority is given to one parent, alone.

Hence, “joint custody” refers to any situation where the judge orders parents to share parental authority, instead of assigning powers to just one spouse.

Legal and Physical Custody

In California, these custodial powers are broken down into two groups: legal and physical custody.

Legal custody refers to a parent’s right to make decisions on behalf of their child. This includes being able to make major decisions on things like health and education. It also encompasses a parent’s right to sign documents, have access to records, and the right to be able to decide what religious and cultural norms the child is exposed to.

Physical custody, on the other hand, is about where a child spends their physical time. This refers to both where the child will live, as well as visitation (which may or may not be included, depending on how your judge divides physical custody in your parenting plan).

Both of these custodial power groups (legal and physical) can be shared, jointly, or held by one parent in sole custody.

Joint Legal Custody

If you and your partner are awarded joint legal custody, this means that you share the right to make choices about your child’s health, welfare, and education. In these situations, both of you must pass off on all major decisions that require parental authority (such as surgery), and you are each granted equal access to records and information.

As a general rule, courts are loath to take away a parent’s right to choose how their child is raised. And since legal authority doesn’t necessarily require parents to live under the same roof, parents end up sharing legal custody as joint partners in the majority of California divorce cases.

Why a Judge Wouldn’t Award Joint Legal Custody

It doesn’t happen often, but in rare cases, one parent is awarded sole legal custody. This usually only happens in extreme circumstances, though, such as when:

It’s in the child’s best interest for one parent to have exclusive rights and responsibilities;
The parents have proven they cannot make decisions together;
One parent is unfit; or,
One parent is incapable of making decisions.

As you can see, most of these situations revolve around harm, which means that—short of something more serious, such as neglect, domestic violence, or criminal activity—your pleas for sole legal custody probably won’t be awarded.

In short, being a bad spouse doesn’t mean someone is a bad parent, and the only time courts do not grant joint legal custody is if doing so would hurt the child, somehow.

Joint Physical Custody

When parents share joint physical custody, this means they both have the right to have the child physically present in their homes for significant periods of time. Unlike legal custody, however, physical custodial powers have to be divided (rather than shared), since a child cannot be in two places at once. The split doesn’t have to be 50-50, though.

While it is (technically) possible for joint custody to be split 50-50, because of outside influences like work, school, extracurricular activities, and childcare arrangements, dividing a child’s time exactly equally between parents is almost impossible.

Instead, it’s much more common for the court to assign one parent to be the “custodial parent” (or rather, the child’s “primary residence parent”), while the other (the “non-custodial parent”) receives ample visitation.

Examples of Joint Custody Division

Custody and visitation can be divided any number of ways. One of the most common plans is for parents to alternate weeks, starting on a certain day. Monday is a common choice for these families (since it’s practical for school and work reasons), and in this situation, your joint custody agreement could look like this:

	Mom	Dad
Week 1: Monday – Sunday	✓
Week 2: Monday – Sunday		✓
Week 3: Monday – Sunday	✓
Week 4: Monday – Sunday		✓

Other families might prefer to break up this “alternating week” cycle, and include a midweek visit. That way, kids and parents don’t have to go a full week without seeing each other.

If that was the case in your situation, your custody schedule might look like this:

	Mom	Dad
Week 1: Sunday – Tuesday	✓
Week 1: Wednesday		✓
Week 1: Thursday – Saturday	✓
Week 2: Sunday – Tuesday		✓
Week 2: Wednesday	✓
Week 2: Thursday – Saturday		✓
Week 3: Sunday – Tuesday	✓
Week 3: Wednesday		✓
Week 3: Thursday – Saturday	✓
Week 4: Sunday – Tuesday		✓
Week 4: Wednesday	✓
Week 4: Thursday – Saturday		✓

There are also visitation schedules that combine every other week with every other weekend, prolonging the visit for an extra weekend each cycle. This arrangement is common during the summer, for parties who live more than twenty-five miles away from each other.

Other plans might include:

Three days on, four days off;
Alternating three days on, four days off;
Two weekends a month;
Alternate weekends plus two weeks during summer;
Every other holiday; or even,
All time when the child isn’t in school.

This is by no means an exhaustive list. The number of combinations and options available to couples are extensive, and ultimately, the type of joint custody agreement you and your ex-spouse work out will be up to you. After all, only you know what’s best for your family.

Couples who are interested in having more flexibility in drafting this arrangement, however, should try to avoid divorce litigation. Instead, consider an alternative method of dispute resolution, such as mediation or collaborative divorce.

Your Stockton family law attorney can help you figure out what parenting time agreement will work best for your unique situation.

Do You Need to Talk to a Lawyer About Child Custody?

At Maples Family Law, we welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at (209) 989-4425 for a divorce case review with an experienced Stockton divorce lawyer, one who can give you the advice you need to begin moving forward.

Child Custody

11 Common Questions About Joint Custody Schedules in California

April 20, 2020August 10, 2020
by Angie

If you’re like many people, you have plenty of questions about developing a joint custody schedule during or after divorce. Check out these joint custody schedule frequently asked questions to see if you can find an answer here – or, if you don’t see your question or need personalized legal advice, call us at 209-395-1605 to schedule a consultation with a Stockton divorce attorney.

11 Common Questions About Joint Custody Schedules in California

Check out these 11 common questions about joint custody schedules in California.

What is a Typical Joint Custody Schedule?

In California, joint custody schedules vary greatly from family to family. The courts recognize that no two families are exactly the same – and kids of various ages have different needs. Some typical joint custody schedules include: the 50-50 custody schedule, the 2-2-3 joint custody schedule, and the week-on, week-off custody schedule. Your attorney can help you understand your options if you’re sharing joint custody with your ex.

How Do I Get a Joint Custody Schedule?

When you’re going through a divorce or breakup and you’re sharing custody of your children with their other parent, you get a joint custody schedule by making one. Create your schedule with your kids’ best interests in mind; that’s what it’s going to take to get a judge to sign off on your joint custody plan. You might choose a week-on, week-off joint custody schedule if you have older children, or you might prefer the common 2-2-3 parenting schedule. You can customize your schedule to reflect your family’s unique needs, but the key is that you create something that does what’s best for your children. If the custody schedule you submit to the court isn’t something that serves your child’s best interests, the judge in your case is going to tell you to try again.

What is a 50-50 Custody Schedule?

In a 50-50 custody schedule, each parent has the children half the time. That may mean that you alternate days or weeks, or it might mean that one of you picks the kids up from school, drops them off the next morning, and then the other parent picks them up and starts the cycle over again. This way, each parent has equal time with his or her children. You can even work it out in another way – what’s most important is that it works for your family.

The custody schedule you choose should always be in your kids’ best interests, not yours. The judge assigned to your case will look carefully at the joint custody schedule you’re submitting to make sure it’s truly what’s best for your children.

Related: Child custody in California

What is a 2-2-3 Parenting Schedule?

A 2-2-3 parenting schedule is a common way that parents with joint custody of children work out times to be with them. Many parents choose this schedule because it allows ample uninterrupted time with the children, and each parent gets the kids every other weekend. The numbers in a 2-2-3 parenting schedule represent days, so let’s start with Parent A and Parent B.

Parent A has the children for the first two days of the week. Parent B takes over for the next two days, and then Parent A takes the kids for the three days (to include the weekend). Then, it’s Parent B’s turn to get the kids for two days. Parent A gets the kids back on the second two-day group, and then Parent B takes the kids for three-day weekend. The schedule just keeps going back and forth in this way so that both parents enjoy weekend and weekday time with the children. It’s not right for every family, such as those who live far apart or who have very young children who are used to one parent being the primary caregiver, but it can be a great solution for people who live close to each other with older children.

What is the Best Custody Arrangement?

Some parents argue that the best custody arrangement is the 2-2-3 parenting schedule, the 50-50 parenting schedule, or something else entirely – but it doesn’t matter what some parents think. What matters is what’s the best custody arrangement for your children. The state of California recognizes that kids benefit most from frequent and continuing contact with both of their parents, but what that looks like is up to you and your children’s other parent.

If you have young children, the best custody arrangement might be one in which the kids stay in one home throughout the week and visit the other parent’s home on a few evenings or for some time on weekends. Older kids might prefer the 2-2-3 parenting schedule, or even the week-on, week-off joint custody schedule. When you’re putting together your parenting plan, think about what’s going to be easiest on your children. If they’re in sports, for example, it might make sense for them to stay in one home throughout the week and spend weekends with their other parent. The bottom line is that every family is different, so every joint custody schedule should look a little different.

Related: Infant custody laws

What’s the Difference Between Shared and Joint Custody?

In California, shared and joint custody are the same thing. In other states, the terms vary – and there are big differences between shared and joint custody. However, in California, you can say that you have shared custody or joint custody; both still mean that you and your children’s other parent share the rights and responsibilities of making decisions for your kids, or that you share physical time with the children (or both).

There are two types of custody in California: legal and physical. Legal custody refers to your rights and obligations, particularly when it comes to deciding where the kids will live, where they’ll go to school, what types of routine medical treatment they’ll get, and other things that impact their welfare. Physical custody refers to where the children live.

With joint or shared legal custody, both parents share the responsibility for deciding where the kids will live, as well as making decisions about their health, well-being and education. With joint or shared physical custody, the children live with both parents.

How Can I Get Custody Without Going to Court?

You can get custody of your children without going to court – for the most part. You and your children’s other parent can come up with a custody agreement between yourselves. You will have to go to court (unless your attorney can go on your behalf) to get the judge to sign off on it – and when that happens, it becomes a legally binding court order. The only way to really get custody without going to court is by reaching an agreement with your spouse; you must both agree, and the custody plan you come up with must serve your children’s best interests.

What Does a 70/30 Custody Schedule Look Like?

A 70/30 custody schedule looks like this: A child spends 70 percent of his or her time in the care of one parent, and 30 percent of his or her time with the other. Really, it works out to spending two nights out of seven with one parent (and the other five with the other parent).

Here’s what a 70/30 custody schedule looks like on paper:

	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Week 1	Parent A	Parent A	Parent B	Parent A	Parent A	Parent A	Parent B
Week 2	Parent A	Parent A	Parent B	Parent A	Parent A	Parent B	Parent A

Naturally, you can modify this schedule so it works out for your family; maybe different days of the week are better.

Why is Shared Custody the Best Arrangement?

Shared custody is the best arrangement – for some families. It’s not best for every family. However, for families who are able to have shared custody, they consider it the best arrangement because it allows children to have frequent and continuing contact with both parents.

Some families aren’t cut out for shared custody, such as those that have had domestic violence issues in the past. When one parent lives too far away, or when the parents aren’t amenable to each other, shared custody can cause more problems than it’s worth.

How Many Days is 70/30 Custody?

Usually, 70/30 custody works out to being five days with one parent and two days with the other. The days can vary week by week, based on what’s right for your family.

What is a Reasonable Visitation Schedule?

A reasonable visitation schedule is one that allows the children frequent and continuing contact with both parents. The state of California recognizes that this is essential for kids, so whenever possible, a parenting plan or parenting time agreement should allow for both parents to spend plenty of time with the children.

Every family is different, though, and what your family finds to be a reasonable visitation schedule might not work for another family. The key to settling on something reasonable is working with your children’s other parent to create the best joint custody schedule for your needs. When you both have a hand in creating it, you’re both more likely to feel that it’s reasonable – and you’re more likely to want to stick to it.

How Far Can I Move With Shared Custody in California?

When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children’s other parent. If your kids’ other parent doesn’t agree with you moving, you’ll have to show the court that the move is in your children’s best interest. The court can say no, so be prepared. However, that doesn’t mean you personally can’t move; you may simply have to move without your children.

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

If you’re divorcing and need to create a joint custody schedule, or if you’re thinking about moving away because it’s what’s best for your family, we may be able to help you. Call us at 209-395-1605 to schedule a free consultation with a Stockton divorce attorney who understands the complexities of joint custody schedules, legal and physical custody, and other divorce-related matters today.

Adoption

The Adoption Process in California: The Basics

January 22, 2020August 10, 2020
by Angie

The adoption process in California varies based on the type of adoption you’re pursuing. For example, a stepparent who is adopting his or her spouse’s child will have to take different steps than a couple adopting a newborn will take – but generally, every adoption follows a similar course. Typically, the adoption process includes:

Finding an adoption attorney
Filling out court forms
Filing the forms with the court
Getting consent from the birth parent, in some cases
Being interviewed and submitting to an investigation
Getting a court date and going to an adoption hearing

The Adoption Process in California: The Basics

Most adoptions follow similar steps. Your attorney can give you case-specific guidance, but here’s a closer look at the most basic steps so you know what to expect.

#1. Finding an Adoption Attorney

For many people, the journey to growing a family begins with hiring an adoption attorney. Your attorney can walk you through the entire process, from start to finish, and she’ll answer your questions every step of the way.

#2. Filling Out Court Forms

Your attorney will fill out the court forms required by California law. The forms you need to file depend on the type of adoption you’re using. The most common types include stepparent or domestic partner adoptions, independent adoptions, agency adoptions and international adoptions. Each has its own requirements.

Related: California adoption requirements

#3. Filing the Forms With the Court

Your attorney will file all the necessary forms for you. Usually, they go to the court clerk in your county. (Don’t worry – your attorney will make sure that you have copies of everything.)

#4. Getting Consent From the Birth Parent or Parents, if Necessary

Sometimes birth parents relinquish custody of their children. When that happens, you don’t have to get their consent. However, if you’re adopting your stepchild or your domestic partner’s child, you will most likely have to get the child’s other parent’s or guardian’s consent.

You may still be able to adopt the child without the parent’s or guardian’s consent if:

The other birth parent has abandoned the child for more than a year, and he or she has not seen or spoken with the child or paid any child support
Your attorney serves the other birth parent with an Adoption Request form, which requires the other birth parent to show up in court on a specific date to object to the adoption
The judge in your case determines that your adoption is in the child’s best interest

#5. Being Interviewed and Submitting to an Investigation as Part of the Adoption Process in California

You’ll have to go through a home study, be interviewed by an investigator (often a social worker) and go through a criminal background investigation as part of the adoption process in California.

The home study is designed to ensure that you’re prepared to bring a child into your family, and the requirements might vary based on the type of adoption you’re pursuing. Additionally, you must agree to a fingerprint-based state and federal background check, and the government will check for your name in the Child Abuse Central Index. Some convictions will bar you from adoption, such as anything that requires you to register as a sex offender, infliction of injury on a spouse (or cohabitant, or parent of a child), or endangering a child.

#6. Getting a Court Date and Attending an Adoption Hearing

After the court receives a complete report from the investigator assigned to your case, you’ll get a court date for an adoption hearing. Your attorney will keep you updated if there are any changes, and she’ll go with you when you appear in court, as well.

At the adoption hearing, the judge will issue his or her decision. You must bring all the forms you have filled out (remember, your attorney will make sure you have plenty of copies). The child must also attend the hearing.

Do You Need to Talk to a Lawyer About the Adoption Process in California?

If you’re considering adoption, whether you’re going through an agency or adopting a stepchild or other relative, we may be able to help you. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions today.

Child Custody

Parenting Time Agreements in California: The Basics

November 12, 2019August 12, 2020
by Angie

In California, parenting time agreements cover important information about:

How much time a child will spend with each parent
Information on how the parents will make decisions about important issues regarding the child

Parents can share time with the kids, or the court could award physical custody to only one parent. A judge makes the final decision on custody, but it’s usually up to the parents to come up with an agreement that’s fair for everyone.

Here’s what you need to know.

Parenting Time Agreements in California: The Basics

A parenting time agreement, commonly called a custody and visitation agreement, is a written agreement that both parents are responsible for upholding. It includes time-share information, which pertains to how much time each parent gets to spend with the kids, as well as decision-making information, which pertains to how the parents will make important choices about their child’s health, education and welfare.

Related: Preparing for divorce

Time-Sharing in Parenting Time Agreements

When you and your soon-to-be ex-spouse come up with a parenting time agreement, you have to remember that it must be fair to everyone involved – and it must meet your child’s best interests. If it doesn’t, the judge in your case will not agree to sign it and make it an official order.

The time you share with your children is referred to as physical custody. Physical custody can be joint, which means that your children live with both of you at different times. It can also be sole or primary, which means that your kids live with one of you most of the time and visit the other parent.

California courts recognize that kids benefit most from frequent and meaningful contact with both parents, which means you should divide your time fairly. Visitation can fall into a few categories:

Scheduled visitation. Scheduled visitation relies on a written schedule that details exactly when the children will be with each parent. These types of visitation plans help avoid confusion and can prevent conflicts because everything is already clear-cut.
Reasonable visitation. If your agreement just provides time for “reasonable visitation,” it won’t have a schedule with specific details. These types of orders let you and your ex-spouse work things out on your own, and they can work if you two get along very well. However, disagreements and misunderstandings can make these types of agreements difficult to deal with.
Supervised visitation. If your children’s safety and well-being require supervised visitation, your parenting time agreement will reflect that. Only the judge can decide whether supervised visitation is actually necessary. You can ask your Stockton divorce attorney to request it if there’s a situation in your family that you believe warrants supervised visitation.

Legal Issues in Parenting Time Agreements

Your parenting time agreement should also include information on how you and your ex will make major decisions about your children. These decisions can be made jointly or by only one of you, and they include things like:

School or childcare
Religious activities or institutions
Psychiatric, psychological, or other mental health counseling or therapy needs
Visits to the doctor, dentist, orthodontist or other health professionals (except in emergency situations)
Sports, summer camp, vacations or extracurricular activities
Travel

If you and your ex share legal custody, you both have the right to make these types of decisions. However, if only one of you has legal custody, that parent is authorized to make all the decisions – even if they apply while the children are with the other parent. The only exception is for emergency medical care; the parent who physically has the children when an emergency arises is authorized to make those decisions.

Do You Need to Talk to a Lawyer About a Parenting Time Agreement?

If you need to discuss setting up a parenting time agreement with an attorney, we may be able to help you. Call us right away at (209) 546-6870 or contact us online to schedule a consultation today.

family-law

Halloween During Divorce: How to Help Your Kids

October 6, 2019July 6, 2020
by Angie

If you’re like most parents, the only thing you want for your kids is their happiness – and when the holidays start to roll around, you worry a little bit (or a lot) more. The holiday season is right around the corner, and if you’re going through a divorce, or if you’ve just received your divorce decree and this is your first Halloween flying solo, here’s how you and your ex can help the kids have a great holiday.

Halloween During Divorce: How to Help Your Kids Have a Great Holiday

While you may not be great at co-parenting just yet, holidays like Halloween are definitely times to practice your skills. Even if you’re not actively co-parenting, it’s pretty likely that you and your ex have worked out an arrangement on who gets the kids on which holidays.

Whether or not Halloween is your turn, you can still be supportive of your kids – and of their relationship with their other parent.

Planning ahead is the key. That way, even though your kids’ situations have changed due to the split, they can still enjoy the festivities.

Use these tips to make sure this Halloween is a good one for your children:

Be prepared to cooperate with your ex.
Make a plan.
Figure out which parent has the responsibility of getting together costumes, even if it’s not the parent who’s taking the kids trick-or-treating.
Set ground rules for your kids that you will both enforce.
Start thinking about next year.

Let’s take a closer look at each of these.

#1. Be prepared to cooperate with your ex.

As always, your kids come first. During the holidays, while it’s tough to face the prospect of spending time without your children (and letting your ex have all the fun), it’s important that you do what’s fair to them.

Be ready to cooperate with your ex, whether you have Halloween outlined in your custody agreement or not. If they’re old enough, you can even ask your kids where they’d prefer to be or which parent they’d like to bring trick-or-treating.

#2. Make a plan.

Talk to your ex. Stay calm and rational, and let him or her know what you think the plan should be. If Halloween isn’t addressed in your custody agreement, you can discuss who will have the children that day – and find out whether your ex has any input. For example, if you have the kids on Halloween, maybe you’re willing to let your ex take them trick-or-treating (or vice-versa). If you’re not willing to, that’s okay, too; however, that could mean your ex will reserve future holidays that aren’t in your parenting time agreement for him- or herself, too.

#3. Figure out which parent has the responsibility of getting together costumes, even if it’s not the parent who’s taking the kids trick-or-treating.

If you have the kids most of the time, it might be more practical for you to put together costumes. You can offer – or ask your ex – to pay for the supplies, or you can take full responsibility. It’s between you and your ex, but remember that this is a great opportunity for you two to work together to co-parent your children.

#4. Set ground rules for your kids that you will both enforce.

When the kids are old enough to trick-or-treat on their own, make sure you discuss the rules with your ex. It doesn’t matter if you’ll have the children on Halloween or your ex will – what matters is that you both agree to the rules you’re going to put in place for your kids, and that you’ll both be willing to enforce them. (That includes enforcing penalties for violations, such as when your kids come back too late and get grounded.)

#5. Start thinking about next year.

If you have the kids on Halloween this year, offer to let your ex have them next year – or ask if you can have them next year if he or she has them this year. These small trade-offs can make a lot of headway when it comes to cooperative parenting, and really, that’s what’s best for your children.

Are You Considering Divorce?

If you’re thinking about divorce, or if your spouse has already filed, we may be able to help you.

Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.