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Divorce and Child Custody


Does the California Court Consider Siblings When Awarding Child Custody?

For many children, their relationship with their sibling is the more important and most lasting relationship they will ever develop. The essential nature of the relationship makes the question of how the court handles \ of utmost importance. What happens to the sibling relationship when the children are separated from each other due to divorce? Custody disputes often become very heated. In severe cases, under extenuating circumstances, siblings have been separated. It is commonly referred to as “split custody” even though there is not a legal reference according to California Family Code. In a “split custody” situation, each parent is…


Is the California Court More Likely to Award Mom or Dad with Child Custody?

Is the California court more likely to award child custody to the mother or the father? It’s a common question for parents facing divorce or preparing for a child custody battle. Most parents feel that maintaining a good relationship with their child after divorce is their top priority. Facing the future without a clear understanding of the law can leave parents with fear and doubt regarding their ability to create a post-divorce scenario that is acceptable. They aren’t sure what their parental rights are and have grave concerns about how the courts go about determining child custody.  Do Orange County,…


Considering the Child’s Preference in California Child Custody Cases

When a couple gets married, they don’t expect it to end in divorce, but for many, divorce becomes an eventual reality. Divorce can be hard for everyone involved, especially when there are children involved. Both parents contribute to the child’s well-being, but one parent may be the primary caregiver while the other parent is the chief financial provider. Both the caregiver and the financial provider are essential in raising a happy, healthy family. But how does the California court respond when the child in the case has a preference regarding custody? A child might prefer the idea of living with…


California Child Custody and Parents Who Are Registered Sex Offenders

The California courts assume any child living with a parent or third party who is a registered sex offender (against the children) is at significant risk. The court also believes that a child living with a parent or third party who has committed a felonious act against a minor is at substantial risk. This assumption is referred to as “prima facie” evidence. If a party has committed the above types of crime, the California court will require the convicted party to prove that the child will not be at “significant risk” in their custody. The convicted party/registered sex offender will…


California Child Custody Cases and Existing Restraining Orders

Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But the most difficult of all California child custody cases are often those that have restraining orders involved. If there is a protective order in place, do not violate the terms of the order under any circumstances. Many assume that an attempt at reconciliation or actively seeking to behave in a civil manner to the other party to de-escalate is appropriate, but they are not. Neither civil behavior or reconciliation negate…


How Long Does a Child Custody Case Take?

Are you involved in a child custody case in Orange County, California? When people are beginning their fight for child custody, they often have some questions. One of the frequently asked questions is how long they should expect the custody battle to last. They want to know the average length of a child custody court case. While there is not an easy answer to this question, there are several factors to consider to get an idea of what to should expect.  Factors that Affect the Length of Custody Battles:  Whether or Not it Takes Place in Court: Not all custody…


How to Introduce Texts and Emails in Contested Custody Cases

Did you know text messages can be introduced in court? More and more Orange County, California family courts are considering incriminating texts and emails as evidence. Texts and emails as evidence seem particularly commonplace during divorce and contested child custody cases. In today’s society, texting is a common form of communication. Millions of people use texting as their primary form of communication. It is also common for seemingly simple text messages to come back to haunt the sender when they are presented as evidence out of context. If you are involved in a contested child custody case in California, you…


California Divorce: Recognizing the Signs of Parental Alienation

Lifestyle shifts during divorce can make a child feel unbalanced and can threaten their wellbeing. In response, they may instinctively push one parent away as they struggle with issues of trust. When this behavior is consistent, it is called Parental Alienation Syndrome (PAS). Parents going through a divorce should be aware of the signs that indicate they may be dealing with parental alienation. Common Signs of Parental Alienation: Attributing everything good to one parent and everything wrong to the other Adopting the behaviors of one parent while insisting that they are acting on their own Rejecting the extended family of…


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…


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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