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Divorce and Child Custody

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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…

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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…

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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…

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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…

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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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After Divorce: Co-Parenting and Your Child’s Schedule

Are you getting divorced? Are you overwhelmed with all the decisions you have to make? You are not alone. Many find themselves in similar circumstances. One of the most common concerns and most difficult choices divorcing parents struggle with is how the kids will spend time with each of their parents during and after divorce. In most cases, this involves a detailed Parenting Plan that becomes part of the Divorce Agreement. The main focus of any good parenting plan is the child’s well-being. Determining Your Child’s Schedule After Divorce: In cases where there is current conflict, it can be tough…

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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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