Child Custody

Every parent, regardless of marital status, has the right to play a role in their child’s life

Custody rights are the legal rights granted to parents to make decisions regarding the upbringing and care of their children.

Successfully navigating the complex legal process around relocation while keeping your child’s best interests at the center is crucial.

How to approach a divorce and child custody battle without compromising your kid’s well-being.

Joint custody arrangements require a commitment on the part of both parents to provide support and spend time with their children. In some cases, however, circumstances may arise that require one parent to move away from the area in which their children live on a part-time or full-time basis. If your former spouse has let you know that he or she is planning to move away from the Fresno area, you may need to make adjustments to your visitation and custody schedule or even go to court to ensure that your children’s best interests are considered during this decision-making process. The Provisions of California Law Most custody orders prohibit moving the children without first obtaining written notarized consent from both parents, or a prior court order. Others require advance written notice. In all cases it is best to attempt resolution by an agreement that considers your child’s or children’s best interests and meets both parents’ needs. The court will decide on the issue for you if you cannot come to a mutually acceptable solution. Factors Considered in a Relocation Hearing California judges will consider a number of key factors when determining whether a relocation is in the best interest of a minor child or children. Some of the most important topics that will be discussed during the hearing may include the following: The distance of the proposed move The effect this move will have on the ability of the other parent to spend time with the child The current relationship between the two parents The potential disruption of relationships with friends and extended family The reason that the parent is choosing to move The effects on the child’s emotional stability and security Changes in educational institutions, medical care facilities and religious observances The child’s relationship with each parent If the court allows the move, both parents will need to make arrangements to continue joint custody and to ensure adequate visitation rights for the non-custodial parent. If the court denies the request to move, the judge may change the custody arrangement to meet the best interests of the child or children and to ensure the greatest possible stability for these young members of your family. Mediation Allows for Greater Flexibility Couples that use mediation to negotiate the details of their divorce in California can often find mutually acceptable custody and visitation arrangements without the time and expense involved in court proceedings. This can often provide you and your former partner with a framework where you can discuss the needs of your children in a calm and cooperative manner. If you cannot come to a resolution of the situation during mediation proceedings, the court system will still be available to hand down a decision that considers the interests of all parties and puts the welfare of your children first. For most couples, choosing mediation can offer real benefits during the divorce process and during other discussions after the divorce has been finalized. This flexibility can be especially helpful for you in renegotiating custody and visitation arrangements when your former spouse informs you of their plan to relocate away from your local area.

In the state of California, joint legal custody is defined as shared responsibility for the welfare of children and the decisions made on their behalf after a divorce. Physical custody may be shared equally in these arrangements or may be managed by one parent with visitation for the other parent. If you are considering joint custody in California, here are six helpful tips for making it work for you and your family.   Put the Kids First It may be tempting to rehash arguments and bring up issues involved in your divorce with your former partner. Avoiding these points of contention and focusing on the needs of your children can allow you to build a more amicable relationship. This can allow you to work together more easily and come to necessary compromises when deciding on matters related to education, religion, health care and other elements of your child’s life.   Leave Some Room for Flexibility Creating ironclad rules about visitation, pick-up times and vacations can lead to trouble when issues arise that require changes to these arrangements. By allowing some wiggle room and permitting some alterations to schedules, you can ensure that your children enjoy time with both parents while building a cordial relationship with your former spouse.       Work on Your Communication Skills Finding the most practical and convenient ways to contact your former partner regarding school issues, scheduling and other matters related to your children can help you manage your time more effectively. Email, texting and shared calendars are among the most common and easy-to-use technologies. By incorporating these communication tools into your daily routines, you can touch base with your former spouse and your children regarding any changes to your schedule or upcoming events.   Present a United Front Even if you are still at odds with your former partner, making sure you are on the same page regarding extracurricular activities, discipline and educational options can allow you to support each other when discussing these matters with your children. This approach can help you to avoid situations in which your child may attempt to play one parent against the other to achieve his or her goals.     Accept Input from Your Children In many cases, your children may have their own ideas and requests about the custody arrangements made on their behalf. Incorporating their suggestions into your arrangement for joint custody in California can often allow things to go more smoothly for everyone involved and can help your children to feel heard and understood during this transitional period.   Move on From Mistakes As parents, both you and your former partner will sometimes make mistakes. Taking steps to fix these errors without assigning blame can help you maintain a working relationship with the other parent in the equation. By being tolerant and forgiving of the mistakes of others, you can also set an excellent example for your children in the right way to treat others even after a romantic relationship has ended.   These six strategies can allow you to build a solid foundation for your children and to manage the legal and emotional complexities of joint custody in California.

Making sure that your child is emotionally healthy during and after your divorce can give them the best possible start later in life. While some stress may be natural during the divorce process, you can take some steps to lessen the impact on your child. Here are some helpful hints to ease the transition and to provide support when dealing with children and divorce. Be Honest While not every detail of your divorce should be shared with your children, being as open and honest as possible can help your children feel more confident about the process. By keeping your children in the loop about the progress of your divorce and future plans, you can provide them with added confidence and security during this difficult process.       Avoid Negativity Maintaining a positive attitude can sometimes be difficult for divorcing parents, but it is important to overcome issues for the greater good of both you and your children. Making an effort to stay focused on happier subjects can produce a more peaceful environment at home. It is important to remember that your cheerful attitude can rub off on your children and can help them look forward to the future with a more optimistic perspective.     Minimize Disruptions After your divorce, you may need to change your living arrangements. If possible, try and delay these big changes until after the end of the school year. Finding a way to help your child maintain normalcy during and after your divorce can pay off in improved academic performance and increased comfort levels for your children.   Make Time to Play Setting aside some time for family fun can help children maintain a sunny outlook even during a difficult divorce. Kids need something to look forward to and a chance to expend some of their abundant energy in active play. By making sure that your children enjoy opportunities to express themselves creatively in a relaxed and enjoyable environment, you can reduce the stress associated with children and divorce.     Share Parenting Duties It may not always be possible to share parenting responsibilities with your former spouse, especially if abuse or drug use were factors in your divorce. If you and your former partner have remained on relatively good terms, you should share in the everyday duties of parenting to reduce the pressure on both of you.         Be Prepared for Tears Even the most amicable divorces can be hard for children to accept and understand. Taking tears and tantrums in stride can allow younger children to feel more confident that they are still loved. Older children may have a lot of questions about the future. By listening to them and responding as completely and truthfully as possible, you may be able to alleviate some of their fears about the divorce process.       Enlist Some Help Alerting school counselors and teachers to your situation can sometimes expand the safety net for children. Unless abuse or risk to your child is involved, you usually do not need to share details about your divorce proceedings with these educational professionals. Providing them with a heads-up that your child may be under additional stress is usually enough to achieve the results you need. By staying calm and positive throughout the process, you can support your children during and after your divorce. This can help your family weather this temporary storm and achieve the best possible outcomes when dealing with children and divorce.