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Child Custody

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What Happens When Parents Cannot Agree on a Parenting Plan?

Agreeing with your spouse during divorce proceedings can be extremely difficult. Emotions are high, resentments are festering, and parents often have a hard time seeing past all of this to come to terms on a parenting plan. Too often, divorcing parents cannot seem to agree on a parenting plan. What Happens When Parents Cannot Agree on a Parenting Plan? Divorce Mediation: Parents seeking a cooperative approach to a divorce or separation often turn to mediation. This type of cooperative approach to divorce and child custody can strengthen the conflict-free environment and create a firm foundation for a successful, long-term co-parenting…

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How to Defend Against False Child Abuse Claims During a Child Custody Case

Sadly, the family court hears more than its fair share of child abuse accusations. More frequent in high-conflict custody battles where tempers are already on edge and arguments escalate at a rapid pace, parties feel the strain of the situation and may be tempted to make unwarranted accusations. Parents in tense, custody cases sometimes believe that accusing the other parent of child abuse will increase their chances of winning child custody, but the strategy is flawed at best. Judges do err on the side of caution regarding the safety of children, but judges also do not generally limit parenting rights…

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5 Tips for Splitting Custody During School Vacations and Holidays

Vacations and holidays should be a time of happiness and joy when everyone can spend time enjoying their friends and family. That is precisely why they can often be the most difficult times for those who have experienced divorce; particularly those whose divorce included a battle for custody. Parents ‘don’t always agree on holiday plans and how their children should spend their free time and school vacations, especially when parents are no longer together. These differing opinions can easily lead to arguments and resentment for co-parents. For co-parents attempting to avoid uncomfortable situations to allow their children and their family…

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How to Avoid Ending Up in California Court Arguing About Child Custody

In some California divorce cases, the court decides child custody. To avoid releasing the power to determine child custody to the California court, parents simply have to agree. We say simply, but in many cases, there is nothing simple about coming to terms on the custody of the children. How Can Divorcing Parents Resolve Child Custody? 1.    Informal Negotiations between the Parents: If parents in a custody dispute are willing to work together informally to resolve custody and visitation issues, they can negotiate their own agreement. 2.    Informal Negotiations between Attorneys: Parents in a custody dispute who are willing to…

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Child Custody: California Mandates Frequent and Continuing Contact

Noncustodial parents in California may have more rights than they realize. They are not simply stuck with the status quo regardless of other factors involved in their case. California custody laws are designed to provide both parents with “frequent and regular contact” with their kids as long as doing so is in the best interest of the child.  Two Common Exceptions to Status Quo Under California Child Custody Laws: 1.    Temporary Absence or Relocation 2.    Military Service In some cases, there may be a temporary absence or relocation of a parent from the family residence. In these situations, it is…

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Will the California Family Law Court Separate Siblings in Child Custody Cases?

Divorce is often painful and traumatic for those going through it, but even as the adults struggle to cope, it can be even more difficult for the children involved. When parents split up, a child’s entire world undergoes a dramatic change. For children, divorce often arrives with new living situations, different schools, and with the change comes uncertainty. During these times of extreme difficulty, siblings often lean on each other. This leaves many worried about whether or not the court will order split custody. Will the California family court separate siblings during divorce proceedings?  For those worried about siblings being…

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Co-Parenting: How to Tell When You’re Doing it Right

It takes a lot of effort and hard work for two parents to say they’re at a point where they work together and do what’s best for the kids while minimizing conflict. And the hard work and effort required only increases when the parents involved are no longer together but are trying to co-parent together after divorce. If you’re a California co-parenting trying to make it happen after a divorce, here’s how to tell when you’re doing it right. Co-Parenting: Signs You’re Getting it Right 1.    Clear Boundaries: Establish clear boundaries to make it easier to work together while co-parenting…

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Avoiding a Custody Battle

Most divorcing couples no longer have a healthy relationship with their spouse. When attempting to work through a divorce amidst a shattered relationship, it can feel impossible to resolve divorce related issues outside of a courtroom. If you are in this type of tense situation and you are looking at a divorce, try to focus your efforts to agree on custody first. The custody battle played out in the family courtroom should be avoided if at all possible. Why Is It Important to Avoid a Child Custody Battle? 1. When the court decides on child custody, it can be expensive,…

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Can a Temporary Child Custody Order be Modified?

If you are in the midst of a divorce or custody case, the court may have already issued a temporary custody order. Temporary custody orders are intended to keep the life of the child stable while the court takes the time to come to a permanent custody decision. Most temporary custody orders aim to prevent moving the children back and forth between households. But can a temporary order be changed/ What if the temporary custody orders are the cause of stress or strife in the life of the child? What if something significant has happened in the life of the…

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3 Methods of Diffusing High Conflict Co-Parenting

Co-parenting is difficult in many cases, but in some cases, it is so difficult that it is described as high conflict. High conflict co-parenting takes its toll on the co-parents, the children, and the families involved. It can take time to discover healthy ways to deal with the situation. Signs that You May Be Experiencing High Conflict Co-Parenting: You do not speak to your ex about anything outside of your child. When you speak about your child or situations pertaining to your child, you always disagree.   You or your spouse or both of you are in and out of…

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