Tag: <span>Legal Custody</span>

3 Questions to Ask Your Divorce Attorney About Child…

August 31, 2018August 13, 2020
by Angie

If you’re like most parents going through a divorce in Stockton, you want what’s best for your children – and that definitely includes child custody.

But before you hire a child custody attorney, you need to ask some questions to make sure you’re working with the best lawyer for your children’s needs. These three questions to ask divorce attorneys about child custody will get you started.

3 Questions to Ask Your Divorce Attorney About Child Custody

While every case is different, and you’ll want to ask your lawyer case-specific questions, these three general questions will tell you a lot about the attorney you’re talking to.

#1: Do we have to go to court over custody?

Your attorney will need to know more about your situation – including whether you and your spouse are likely to be able to reach agreements together about your kids – before he or she can answer this question. The short answer is that you may not have to ask the judge to decide what happens with your children, provided that you and your soon-to-be ex-spouse can work out a fair agreement that’s in the kids’ best interest on your own.

#2: How hard is it to change a court order?

Ideally, you’ll be able to reach an agreement on child custody with your spouse before the judge in your case issues an order – because they’re not always easy to change. Changing a court order will require you to go to court, and you’ll have to show that there’s been a significant change in circumstances that make the old order unreasonable now.

#3: What if my spouse and I can’t reach an agreement?

A good attorney can help you reach an agreement with your spouse when it comes to child custody. If you two can’t agree, your lawyer might suggest divorce mediation – and if that doesn’t work, or if it’s not an option, your lawyer must be willing to fight hard for what’s best for you and your kids, even if it means going to court and hashing things out in front of the judge.

How Child Custody Works in California

There are two types of custody in California: legal and physical. Legal custody is the right of parents to make decisions about their kids’ health, education and welfare. Physical custody is what determines where the children will reside.

For most families, the best possible option is for the parents to work out an agreement that benefits the whole family. Parents know their children best – and they know what will keep their children healthiest and happiest. It can be incredibly hard to negotiate a child custody agreement when each parent is trying to “win,” but often, it becomes easier when both parents are focusing on what’s best for the children.

Do You Need Help With Child Custody?

If you need help with child custody, our firm is here for you.

Call us at (209) 546-6246 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

Parental Rights for Fathers in California

August 19, 2018January 17, 2019
by Angie

In the state of California, parental rights for fathers are incredibly important – and they’re equal to maternal rights. Under state law, fathers have just as much right to see, spend time with and bond with their children as mothers do, and the state (as well as the courts) recognize how important it is for both parents to be active participants in their kids’ lives.

Parental Rights for Fathers

When parents are married at the time of a child’s birth, paternity is presumed. That means the mother’s husband is automatically considered to be the child’s father. That extends past marriage, though – if a child is born and someone is living with the family and fulfilling a fatherly role (by demonstrating a commitment to the child), that person can also be considered the child’s father, even if he isn’t biologically related.

If neither of these circumstances are present, you need to establish your paternity.

Things can get pretty confusing when it comes to parentage, so this might be a good discussion to have with a child custody lawyer in Stockton.

California’s Parental Rights: Fathers’ Rights to Custody and Visitation

As a father, you have the absolute right to seek custody and visitation rights with your children. The law doesn’t discriminate between dads and moms – instead, each parent has equal rights (and equal responsibilities) when it comes to being with the kids.

There are two types of custody: Legal and physical.

Legal Custody	Physical Custody
Legal custody refers to a parent’s authority to participate in big decisions about the child’s health, education and welfare. Most parents share legal custody.	Legal custody refers to a parent’s authority to participate in big decisions about the child’s health, education and welfare. Most parents share legal custody.

If you and your spouse don’t agree to who gets legal and physical custody between yourselves, either as joint custody or full custody, the judge in your case will decide for you. When the judge has to decide, he or she will look at several factors – but the bottom line is that the judge’s decision is supposed to be based on what’s best for the children.

These are some of the factors judges look at in deciding who gets custody in California:

The child’s age
The child’s health
The emotional ties that exist between each parent and the child
The child’s ties to school, home and the community
The ability of each parent to emotionally, financially and physically care for the child
Whether there’s a history of family violence
Whether there’s a history of substance abuse in the family

Do You Need to Talk to a Lawyer About Parental Rights for Fathers?

If you’re not sure where you stand in all of this, you’re not alone – a lot of people are thrown off by the fact that California, like most states, used to favor the mother when it came to rights to the children.

But that was a long time ago, and now, the law and the judges who execute it see mothers and fathers as equals.

We can help you preserve your parental rights as a father, whether you and your ex disagree about child custody, child support or anything else – and we can help you if you agree, too.

Call us at (209) 546-6246 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Child Custody

What is Full Custody?

January 2, 2018January 17, 2019
by Angie

If you’re like most parents going through a divorce, one of the most pressing issues you’re facing is child custody – and you’ve probably heard about legal and physical custody, joint custody and sole or full custody.

But what is “full custody,” and what would it mean for you or your spouse if the court awarded it to one of you?

What is Full Custody?

The term full custody isn’t a legal one, but it does refer to one parent having sole legal and physical custody of a child.

Legal Custody

Legal custody is a parent’s authority to make decisions about a child’s education, health and welfare.

Physical Custody

Physical custody refers to the child’s physical presence with a parent.

Full Legal Custody

A parent with full legal custody has the right to make all the decisions about the child’s education, health and welfare, such as:

What schools the child will attend
What extracurricular activities the child will participate in
Where the child goes for medical treatment (including dental treatment)
What church the child attends, if any, or what type of religious upbringing the child will have
Where the child spends time and with whom the child spends time

Full Physical Custody

A parent who has full physical custody of a child shares a home with that child all the time. The child’s primary residence is with that parent.

Is Full Custody Common?

Full custody isn’t as common as it once was. California courts recognize the importance of both parents in a child’s life, which means it’s fairly unusual for a judge to award full custody – either legal or physical – to one parent.

However, it does happen. It’s more common in cases that involve a parent harming a child, either physically or mentally. Sometimes courts will award sole legal custody to one parent but joint custody between the two, or full legal and physical custody to one parent alone.

In a few cases, particularly those that involve a parent harming a child or behaving in ways that are detrimental to the child’s well-being, or when one parent is incarcerated, the courts will block the offending parent from visiting the child. However, it’s not unusual for the courts to order supervised visitation when one parent doesn’t provide a safe and nurturing environment for the child, but every case is different (and if your situation involves anything like this, you need to discuss it with your Stockton divorce attorney immediately).

What if You Have Joint Custody?

If you have joint custody with your ex, you can’t prevent him or her from seeing your children or making decisions about their welfare, health and education while they are together. Excluding your ex from decision-making or preventing him or her from spending time with the kids could land you in court, and worse, it could be emotionally harmful to your children.

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

We can help you work out a custody agreement with your soon-to-be ex-spouse that works for your whole family – one that puts your kids’ needs and well-being first.

Call us at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your children the best possible outcome.

Divorce

How to Develop a Parenting Plan During Divorce

April 3, 2017March 12, 2020
by Angie

Your attorney will guide you through the basics of divorce, from filing a petition for dissolution in the Stockton court system to negotiating a property settlement with your spouse. Some things, though, are really personal—including how you set up your parenting plan so your kids get what they need from each of you.

As family law attorneys practicing in Stockton, we help parents from all walks of life through the difficulties of divorce. Many of our clients need help with child custody, which can be one of the toughest parts; both parents want what’s best for their kids, but they often don’t see eye-to-eye on what that is.

What is a Parenting Plan?

A parenting plan, which is also called a custody and visitation agreement, is a written agreement between two parents that describes time-share and decision-making.

What is Time-Share in a Parenting Plan?

Time-share is a specific schedule that outlines when the children will be with each parent. For example, one parent may pick up the kids from school every other Friday and return them to school on Monday morning; one parent might pick up the kids from school each day except Wednesdays, when the other parent does it.

What is Decision-Making in a Parenting Plan?

Decision-making is a specific outline that shows how each parent will make decisions about what’s best for their children, including health, education, and general welfare.

Is a Parenting Plan Legally Binding in California?

Once you and your spouse have developed a parenting plan and signed it, the judge will sign it (as long as it’s fair and serves the kids’ best interests rather than yours). It then becomes a court order.

How to Develop an Effective (and Good) Parenting Plan

It can be very difficult to work with your spouse, especially when you’re in the middle of a divorce. However, your children need you to advocate for them—and they need both parents to provide their love, support, and time.

Your parenting plan should deal with:

Physical custody, such as where your kids will spend each night, where they’ll be during the holidays, and which parent is in charge at which times
How the kids will travel between parents
Which parent gets the kids on school breaks, including the summer
Legal custody, including which decisions each parent can make alone and which decisions need to be made together
Schools and child care
Religion
Medical and dental care
Emergency care

Special Considerations When You’re Developing a Parenting Plan

When you’re outlining your parenting plan, make sure it meets their needs. Your lawyer will advise you to consider:

Your kids’ specific activities. Do they participate in sports leagues, piano lessons, or community activities?
Your kids need a regular schedule so they can depend on it; they’re going through a lot of changes right now, so consistency (where you can provide it) is very important.
Your kids’ needs. Every child is different, which is why it’s so important for you and your spouse to figure out what’s best for yours together.

Your parenting plan can also include stipulations that say each of you is entitled to:

Information about the kids
Access to the kids through phone calls, Skype or FaceTime
Access to the kids’ school and medical records
Access to each other’s phone numbers, addresses, and other contact information so you can communicate about the children

A good parenting plan is specific enough that you both understand your responsibilities and can both stick to it. However, you should also build in some flexibility; what if one of your kids is sick, for example, and doesn’t feel like traveling to your ex’s house for the day? What if a special school event comes up, or what if Grandma and Grandpa come to town (or you go to Grandma and Grandpa’s)? Building in room for special circumstances will make sticking to your parenting plan much easier, and when it’s easier for you, it’s easier on your children.

Do You Need to Talk to a Lawyer About Developing a Parenting Plan?

We’ve helped many people through divorce, and we can help you, too. As family law attorneys serving Stockton and the surrounding communities, we have extensive experience dealing with parenting plans and other divorce issues.

Call us at 209-910-9865 to let us know what you’re going through. We’ll begin developing a strategy that gets you and your children the best possible outcome—and we’ll give you all the support you need during this difficult time.

Child Custody

Child Custody Laws in California: What You Need to…

March 27, 2017May 24, 2020
by Angie

Child custody laws in Stockton (and elsewhere in California) are in place to protect the best interests of the children—but they can be a bit confusing. For this reason, many people choose to work with a Stockton family law attorney who understands how our custody laws will impact their families.

Child Custody Laws in California: Types of Custody

There are two types of child custody in California: Legal and physical. Each type of custody requires parents to fill different roles, but no matter who has either type of custody, the state requires both parents to contribute equally to their children’s well-being. Many parents share both types of custody, but there are cases in which one parent is awarded sole legal or sole physical custody of the children in divorce or when unmarried parents split up.

Legal Custody Laws in California

The term legal custody refers to the obligation of one or both parents to make important decisions for the children. Those decisions can include healthcare, education, and general welfare, as well as religious upbringing and a handful of other big issues.

If parents share legal custody, they both have the right to make decisions about their children’s lives. However, one parent can still make a decision alone.

Physical Custody Laws in California

The term physical custody refers to the obligation of one or both parents to provide a place for their children to live. A large majority of parents share physical custody—when this happens, it’s called joint physical custody—but that doesn’t mean that kids live with one parent half the time and with the other parent the other half of the time.

In some cases, one parent is awarded sole or primary custody. In these cases, the children live with one parent most of the time but still typically visit the other parent.

How Do California’s Child Custody Laws Determine Each Parent’s Rights?

California’s child custody laws require the courts to consider several factors when a judge is awarding custody. Naturally, both parents have the right to state their preferences in court and explain why they want legal or physical custody.

The court will consider:

The child’s age
The child’s health
The emotional ties that exist between each parent and the child
Whether the parents have the ability to care for the child
Whether there’s any history of violence or substance abuse among the parents
The child’s ties to his or her home, school, and community

Do California Courts Automatically Give Custody to the Mother?

It’s a common myth that the courts “automatically” award custody to the mother. Our child custody laws are very clear that the courts have to consider several factors, and, above all, put the child’s best interests first.

What if You and Your Spouse Agree on Child Custody?

Lots of couples agree on child custody and come up with their own visitation schedules. As long as the court sees that the agreement is fair to the children, and as long as you both understand what you’re committing to, parental agreements are usually fine.

It’s important to remember, though, that even if you and your spouse agree on a custody and visitation agreement, it’s not legally enforceable unless you’ve turned it in to the judge and he or she has turned it into a court order.

What if You and Your Spouse Don’t Agree on Child Custody?

If you and your spouse can’t agree on a child custody arrangement, the courts will decide for you. Your attorney will probably suggest that you try mediation or compromise so that you and your soon-to-be ex can reach an agreement on your own for three reasons:

It’s easier on your children (and you)
Fighting over custody in court can become expensive quickly
You may not like the final decision the judge makes

Do You Need to Talk to a Lawyer About Child Custody Laws in Stockton?

We understand that child custody is one of the most difficult parts of divorce, and we’re here to help you make the best decisions—not only for your kids, but for yourself.

Call us at 209-910-9865 today. Tell us about your situation so we can begin developing a strategy that gets you and your children the best possible outcome.

Child Custody

Temporary Custody: What You Need to Know

March 9, 2017June 8, 2020
by Anna Maples

During divorce, child custody can be one of the most contentious issues you’ll face. You, as parents, both want what’s best for you children—but if you’re like many parents, you disagree on exactly what that is.

California Child Custody Overview

In the state of California, the law requires that divorcing couples who share children propose a custody arrangement. The state recognizes two types of custody: physical and legal.

Physical Custody

The term physical custody refers to where the child stays overnight. If your child spends five nights per week with you and two with your spouse, you’re sharing physical custody. Physical custody is different from visitation or parenting time; those terms refer to the time your child spends with each parent.

Legal Custody

The term legal custody refers to which parent has the authority to make major decisions for the child. Those decisions can include choices related to healthcare, religion, and education, as well as other important issues.

What is Temporary Custody in California?

If you believe that your child is in immediate danger, you can ask the court to issue a temporary custody order. The danger can be physical or psychological; you can also ask the court for a temporary custody order if your child is in danger of being removed from the state. The court may also, at this time, issue a child support order.

Permanent Child Custody

You have the right to work with your spouse to create a parenting plan that outlines child custody (both legal and physical). If you both agree to it, the Stockton judge assigned to your case will most likely approve it—although there are some exceptions, such as when the parenting plan is clearly unfair to the children.

Judges are tasked with the important responsibility of putting the children’s needs first. Yours (and your spouse’s) are secondary to what the kids need.

If the judge approves of your parenting plan, he or she will sign it; then it becomes a permanent court order. Naturally, if your (or your spouse’s) circumstances change, you can ask the court to change the order.

Will Temporary Custody Affect Your Permanent Custody Arrangement?

Depending on the reason that you asked the court to issue a temporary custody order, it could affect your permanent custody arrangement. If one parent is incarcerated, for example, or if one parent puts the children in harm’s way, the judge may take that into account when ordering permanent custody.

Talk to a Child Custody Lawyer Now About Temporary and Permanent Custody

Child custody is often one of the most difficult aspects of a divorce, and for many people, that signals a need to work with an experienced Stockton child custody attorney.

We may be able to help you if you need to file for temporary custody of your children during divorce.
Call us at 209-910-9865 for a free case review. We’ll evaluate your situation and give you case-specific legal advice so you can begin moving forward.

Child Custody

Answers From a Child Custody Lawyer

January 4, 2016May 24, 2020
by Anna Maples

What happens with the kids after the divorce is started? Things can get complicated when you have children under age of 18 living with you when separating or filing for divorce. If you have minor children living with you, you and your spouse have to decide where the children will stay. The best way to do it is to talk to your spouse first, and see if you can reach an agreement regarding the children’s living arrangements. However, if you and your spouse cannot come to an agreement, you can ask the court to set custody and visitation arrangements for your children. This arrangement will become a court order, which means, you or other parent can enforce it in case the order is not followed by either parent. The court order will reflect the custody and visitation schedule as well as provisions prescribed by law or mediated by the court.

What is Legal Custody? Legal custody allows parents to make decisions or choices about their children’s school/child care; medical decisions; religious activities; sports and other extracurricular activities; travel; or residence. Parents who share legal custody both have the right to make decisions about these aspects of their children’s lives, but they do not have to agree on every decision made on their child’s behalf. Either parent can make a decision alone.

What is Physical Custody? Physical custody can be joint when the children live with both parents or sole when the children live with one parent most of the time and visit the other parent. Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with one parent than the other because it is too hard to split the time exactly in half. When one parent has the children more than half of the time, then that parent is sometimes called the “primary custodial parent.” Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with one parent most of the time. The parent who does not have physical custody usually has visitation with the children.

Do I have a right to spend Holidays with my children? Yes, you do have a right to spend holidays with your children, but remember that other parent has this right as well. You can make an agreement about the holidays that you would like to spend time, however, absent an agreement, the holidays will be divided equally between the parents, and parents will alternate each year with the children. However, the court may take into consideration some special holidays such as cultural, religious holidays, etc. and give that specific time to asking parent. However, this should not be intended to interrupt other parent visitation time with the children.

Can I take my children on vacation to a different state or country? You need the other parent’s permission to travel out of state with your children, especially if you want to leave the country or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation. If you cannot find the other parent, you will need to go to court and ask the judge for permission to let you leave without the other parent’s permission. You will have to look for the other parent and tell the judge everything you tried to find him or her.

I found a job in a different state and what to move there. Can I take my children with me? If you have a permanent order for sole physical custody (also called “primary physical custody”), you can move away with the children, unless the other parent can show that the move would harm the children. However, if you and your spouse have joint physical custody of the children and one parent does not want the children to move, you must show the court that the move is in the best interest of the children.

Can I change my current court order? Yes, but you have to show that there has been a “change in circumstances” since the final custody order was made. This means that there has been a significant change that requires a new custody and visitation arrangement for the best interest of the children. Parents may need to renegotiate portions of their court order every 2 to 3 years. If the parents agree on the changes, they can change their court order by using an agreement. But if the parents cannot agree on the changes, one of the parents must file papers with the court asking for a change (a “modification”) of your current child custody and visitation order.

The other parent and I agreed to a visitation arrangement that differs from the current court order. Do we have to come to court to change it? A written agreement signed by you and the other parent is a binding, enforceable agreement. However, a court cannot enforce such an agreement until it has become an order of the court called a “judgment.” A court may create a judgment by merging and incorporating the provisions of the agreement into the judgment. The judgment then replaces the agreement and can be enforced by the court if either parent violates it.

When you’re ready to get in touch with an attorney at Maples Family Law, please contact us.