How to Work Out a Parenting Time Agreement During…

October 9, 2017January 17, 2019
by Angie

When you’re a parent going through a divorce, your main concern is your kids – and that’s exactly how it should be.

If you’re like most parents, one of your primary goals is to keep your kids on an even keel, and that involves working out a parenting time agreement with your soon-to-be ex-spouse.

But where do you even start?

How to Work Out a Parenting Time Agreement With Your Spouse During Divorce

First things first: If you and your spouse can agree on a parenting time agreement, and if it meets your children’s needs, the court will likely agree to it. If you and your spouse can’t agree, the judge in your case will have to make a plan for you. While judges do their best to tremain fair and impartial, nobody knows your kids like you and your spouse do – and you two are, by far, the most qualified people to choose what’s best for your own children.

You may want to think about divorce mediation if you’re unable to reach an agreement with your spouse. Mediation can help your divorce run more smoothly in other areas, too (not just child custody and parenting time).

A Typical Parenting Time Agreement

For many parents, it makes sense to evaluate your kids’ lifestyles and needs before deciding on a parenting plan. Are the kids involved in extracurricular activities? Where do they go to school, and where will each of you live during and after the divorce?

Ask yourselves:

Who’s the primary caregiver right now?
Is one of you more able, right now, to provide one-on-one care for the kids?
Does one of you have a more flexible work schedule than the other?
Do your children have a preference?
How far will the kids be, if at all, from friends and family if they’re living with each of you for most of the time?
Is one of you better suited to weekend time with the kids?

Many parents decide to have their children stay in one home through the week, particularly during the school year, and in another on the weekends and on every other holiday. While there’s no one-size-fits-all answer to parenting time, that can be a good framework you and your spouse can work from as you’re working on your parenting time agreement.

A Word on Child Support

While the parent who has the children most of the time is more likely to be the one receiving child support, it’s important to remember that in California, both parents are supposed to contribute to their kids’ upbringing. (That doesn’t only refer to financial support, though; it refers to emotional support and time together, as well.)

Child support varies based on several factors, including how much money each parent makes, how much time the children spend with each parent, and how many children you share with your ex-spouse.

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

You don’t have to face all of this alone. If you’re contemplating divorce, or if your spouse has already filed for divorce, you can work with a Stockton child custody attorney who understands what you (and your children) are going through – and who can help you develop a parenting time agreement that works for your whole family.

Call us at 209-910-9865 or get in touch with us online to talk to a Stockton child custody lawyer who can help today.

Divorce

What Does “Best Interests of the Child” Mean in…

July 31, 2017January 17, 2019
by Angie

Child custody cases in California typically revolve around the “best interests of the child.”

But what does that mean, and how does a judge who doesn’t know your family determine what’s in your children’s best interests?

What Does “Best Interests of the Child” Mean in California Courts?

When parents can’t agree on child custody on their own or through mediation, the judge in the case will have to reach a solution that works for everyone involved—but the judge’s primary concern is the child.

In a typical custody agreement, both parents have some time with the child; they share custody. It’s usually the amount of time each parent gets that trips everyone up, and that’s often where the judge has to step in.

How Judges Determine Child Custody in Stockton and Other California Jurisdictions

Both parents have equal rights to custody under the law, and judges can’t give preference to one parent over the other simply based on his or her gender.

When a judge must determine custody, he or she has to remember two things:

The children’s health, safety, and welfare is the court’s primary concern
Kids benefit from frequent, continuing contact with both of their parents

As long as the judge bears those two things in mind, he or she can consider any factor relevant to parenting.

Children’s Health and Safety in Custody Decisions

When a judge makes a decision on child custody, he or she has to consider factors that may affect the child’s health and safety. There are legal issues in some cases, such as when one parent has committed first-degree murder of the child’s other parent, or has been convicted of some types of physical or sexual child abuse (in those cases, judges are prohibited from granting custody or unsupervised visitation to that parent).

When Judges Can Limit Custody and Visitation

Judges can also limit custody and visitation when one parent has engaged in child abuse (or partner abuse), even if that abuse hasn’t resulted in a court conviction, provided that an independent and reliable source verifies that it has happened. Drug use and alcohol abuse are other factors that may relate to children’s health and safety, so judges can limit custody and visitation if they’re present, as well.

Does the Child’s Preference Matter in Custody Cases?

The law requires courts to consider a child’s preference when the child is mature enough to make an intelligent choice. There’s no specific age listed in the law, but typically, courts are more willing to listen to a child’s preferences when he or she is older and more mature. (A six-year-old’s preference may not carry as much weight as a 16-year-old’s preference will.)

Probability of Parental Alienation and Interference With Healthy Relationships

A judge must consider which parent is more likely to encourage a healthy relationship with the child’s other parent. Because judges have to remember that kids benefit from good relationships with both parents, this is a valid concern—and if there’s a probability of some form of parental alienation or interference with the other parent’s relationship with the child (or if it’s already happened), the court may restrict custody or visitation.

Which Parent Can Provide Stability and Continuity?

Judges prefer to keep kids’ lives as stable as possible, and that includes evaluating established patterns of care and the emotional bonds children share with their primary caretakers. Typically, judges keep siblings together unless there are extraordinary circumstances that make it necessary to separate them, as well.

Do You Need to Talk to a Stockton Child Custody Attorney?

If you’re contemplating divorce or you need help fighting for custody of your children, it may be a good idea to get in touch with an experienced child custody lawyer in Stockton. We can also answer your questions about child support, spousal support (alimony), and the divorce process in general.

Call us at 209-910-9865 or get in touch with us online for a divorce case evaluation. We’ll talk about your situation and start developing a strategy that gets you—and your kids—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.

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