Can Your Child Choose Their Custody Arrangement?

Can Your Child Choose Their Custody Arrangement?

Child Custody
Custody cases can be difficult, as parents might have their relationships with their child in the hands of the court. Courts must consider many factors to determine what type of arrangement is in the best interests of the child, and many parents wonder whether the child’s opinion and preference will play a role in the decision. The answer is that sometimes, a court will consider the preference of the child. However, the court will still make its own decision and will not automatically follow what the child wants. Is the Child Old and Mature Enough? The law in California assumes that a child age 14 or older has the right to be heard regarding their preferences. However, younger children might have the maturity and ability to give a well-reasoned opinion…
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Issues that You Need to Resolve in a Divorce

Issues that You Need to Resolve in a Divorce

Divorce
While divorce is an emotional decision, it is also a strict legal process. The law requires you to resolve many different issues before the family court will dissolve your marriage. Resolving such matters can go smoother in some cases than in others, and it helps to have a Long Beach divorce lawyer helping you through the process. Common Issues California law requires you to resolve any of the following that apply to your marriage during the divorce process: Community Property Division - Any property you acquired during marriage or an increase in property value during marriage will need to be divided as equally as possible. This includes your home, vehicles, personal property and belongings, financial assets, and debts. Spousal Maintenance - Maintenance is not requested in every divorce, but when…
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Are You Unsure About Your Divorce Case?

Are You Unsure About Your Divorce Case?

Divorce
Deciding to end your marriage is a life-changing decision, and many people understandably go back and forth on what they want to do. Do you file for divorce and move on? Do you keep trying to work on your marriage? This is a personal decision that only you can make. In some cases, you might be unsure about a divorce, and a Huntington Beach divorce lawyer can inform you of your options. Legal Separation Instead of ending your marriage completely, you might elect to seek a legal separation. This means that you live separately from your spouse, but also can have protections when it comes to finances and child custody. If you decide to reconcile, you can withdraw the legal separation. If you decide to proceed with a divorce, you…
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Sharing Physical Custody of Your Children

Sharing Physical Custody of Your Children

Child Custody
If two parents get divorced or otherwise decide to live apart, they each have the right to see their child and spend physical time with them. In most cases, custody will be split between the parents unless one parent presents the risk of physical or emotional harm to the child. Sharing custody with an ex can be challenging, but it is important to manage healthy co-parenting whenever possible. Scheduling Children in Manhattan Beach are busier than ever these days, with school, sports, other extracurricular activities, social events, and more. Cooperating on your child’s schedule can make matters much easier when you share physical custody. There are many apps that can help families stay on the same scheduling page, and these can help avoid conflicts or confusion about who is supposed…
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Is Your Spouse Hiding Assets?

Is Your Spouse Hiding Assets?

Divorce
There are many things that you might worry about in a divorce - who will get the family home? How will you cover your expenses without your spouse’s income? How will you share time with your children? One thing you might not consider is that your spouse would try to gain the upper hand financially in your divorce by hiding assets. Hiding assets can significantly impact how community property is distributed in a divorce. If your spouse is able to conceal some of your shared property or assets from you, those assets might not be at issue in your divorce. This means that you will not get your 50 percent share of the assets that you deserve under California law. Hiding assets can take many forms, and some of them…
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Benefits of a Premarital Agreement

Benefits of a Premarital Agreement

Divorce
Premarital agreements make a lot of people uncomfortable. For many, they think that making plans for a potential breakup of the marriage is the same thing as expecting it to fail. The reality is, however, that premarital agreements can protect everyone’s future and may even make a marriage better. What are Premarital Agreements? Premarital agreements, also known as “prenuptial agreements” or simply “prenups,” are contracts into which people who are getting married can enter. They usually address the way that the finances will be handled in the event that the marriage ends or certain events happen. For example, a premarital agreement could include terms that keep certain assets solely in the name of one spouse or that prevent the other party from seeking maintenance in the event of infidelity. Premarital…
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Signs of Possible Parental Alienation

Signs of Possible Parental Alienation

Child Custody
Child custody battles can be stressful, especially if one parent tries to gain a wrongful advantage over the other. This might include making false allegations of abuse, harmful lifestyle choices, and more. One particularly concerning tactic is parental alienation. Parental alienation happens when one parent takes steps to turn the child against the other parent. A child in this situation might state they do not want to live with the disparaged parent and may only favor the alienating parent. It is important to identify when this might be happening - both for your custody rights and because parental alienation can be emotionally harmful to a child. Some signs of possible parental alienation include: Your child knows details of your divorce or breakup from the other parentYour child accuses you of…
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Divorce Negotiations

Divorce Negotiations

Divorce
When two people decide to get divorced, it is often because they are having trouble agreeing on certain issues in their lives. They then face the conundrum that a divorce can be much easier if spouses can reach agreements on all major issues, including child custody, child support, spousal support, and community property division. The good news is that spouses do not have to agree on everything from the outset in order to avoid litigation and save resources. Instead, the right California divorce lawyer can facilitate negotiations and other options for you to try to reach an agreement out of court. First, each spouse and their respective attorneys will trade information, so all parties have the full picture of finances and other circumstances of the marriage. Then, the attorneys can…
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Are You Considering Divorce for 2021?

Are You Considering Divorce for 2021?

Divorce
2020 was a difficult year for most people, whether it was challenging financially, emotionally, or both. Families felt a lot of pressure, and marriages were certainly challenged. If you believe that you cannot resolve the conflict between you and your spouse - or you think your spouse wants to end the marriage - do not hesitate to learn the steps you can take to prepare for divorce and protect your rights. Learn about Your Options Knowing your options for how divorce cases proceed in California can help you get an idea of what to expect. An attorney can assess your situation and advise you which of the following might be the course of your divorce: UncontestedContestedMediationCollaborative divorce The type of divorce you will have will depend on your goals and…
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Do You Need a Child Support Modification?

Do You Need a Child Support Modification?

Child Custody
Millions of people have been furloughed or lost their jobs since March of 2020, and the financial struggles continue for both households and businesses. If you are unable to cover your bills, it can be tempting to take a break from making your child support payments. This is a mistake, however, as courts do not excuse payment due to unemployment, and you could face penalties for violating your support order. However, there is an option to give you some relief from child support due to unemployment. You must petition the court to modify your child support order based on your new financial situation. Until the court grants a modification, you are expected to continue with your initially-ordered payments. Do You Qualify for a Modification? Judges will not grant every request…
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