Mike’s Answer: California law explicitly states a parent’s immigration status is not a factor when a judge decides a child custody matter. The state’s family code section 3040(a) and (b) state in part, (a) Custody should be granted in the…
Mike’s Answer: When a court is faced with deciding a child custody case there is always one main focus in mind, the best interest of the child or children. In order to determine the best interest of the child a…
Mike’s Answer: It is not advisable to prohibit your ex from seeing your children. Visitation between the noncustodial parent (your ex) and the child is presumed beneficial. Therefore, a judge will not look favorably upon you interfering with your ex-husband’s…
Craig’s Answer: Because you and your soon-to-be ex-spouse know that the move will happen soon after the divorce is finalized, a visitation schedule for this scenario should be included in the divorce agreement. Doing so now will save you from…
Craig’s Answer: If you are a party to a recent or currently pending divorce and have children, you are probably familiar with the terms legal custody and physical custody. However, many people don’t know the vast difference between the two….
Craig’s Answer: In most cases it is uncommon for a parent to be denied any access to their children. Only in extreme circumstances where a parent has been involved in criminal activity, drug use, alcoholism or sexual abuse, will custody…
Craig’s Answer: Circumstances change and the legal system recognizes this. If you and your ex have experienced life changes that are impacted by an inconvenient custody arrangement, you can work cooperatively to modify the agreement. The courts and your attorney…
Mike’s Answer: The courts prefer that parents agree to an amenable custody schedule between themselves. The courts do not like to intervene in intimate family relationships and if it makes sense to both parents for one child to be with…
Mike’s Answer: Yes. Your divorce will have to go through the legal process but you do not have to rely on a judge to decide personal family matters for you. If both parents can agree on an amicable parenting plan…
An out-of-state move can result in a much superior situation for children in a divorce, but can also cause numerous issues should the other parent fail to give their consent for a move. The primary concern of a judge is…
