Category: <span>Child Custody</span>

Domestic Violence and Family Law. Know Your Rights. Child Custody

Domestic Violence: 3 Family Law Factors to Break Free…

Domestic violence is not your fault. We can help.

A Safe Haven During Troubled Times

Domestic violence casts a dark shadow over families, leaving a trail of pain, fear, and uncertainty. We understand that arriving at this page might mean you’re facing a difficult and frightening situation. At Maples Family Law in Stockton, we believe that no one should endure abuse, and we are committed to providing a safe haven of family law support for victims seeking justice and protection.

In California, the courts recognize the devastating impact of domestic violence and have laws in place to protect victims while holding abusers accountable. But navigating the legal system while dealing with the trauma of domestic violence and abuse can be overwhelming. That’s where we come in.

This article explores how domestic violence intersects with family law proceedings and outlines the options available for those seeking safety and a fresh start. We’ll discuss how domestic violence affects:

  • Custody and Visitation: Prioritizing the safety of children
  • Protective Orders: Creating a shield against further abuse
  • Financial Support: Ensuring victims are not further burdened

If you or someone you know is experiencing domestic violence, please know that you are not alone. Maples Family Law is here to provide compassionate legal guidance and unwavering support as you navigate this challenging journey.

Domestic Violence, Custody, and Visitation: Putting Children First

When domestic violence enters a home, it’s not just the adults who suffer. Children caught in the crossfire are deeply affected, and their safety and well-being become paramount in any family law proceeding. California courts understand this and take a strong stance in prioritizing children’s best interests when domestic violence is present. Here’s how a history of abuse can shape custody and visitation orders:

Supervised Visitation: Shielding Children from Harm

In cases where there’s a risk that a parent might harm a child, either physically or emotionally, the court may order supervised visitation. This means that visits with the child must occur in the presence of a neutral third party, such as a social worker or a trained supervisor at a designated facility.

Why Supervised Visitation? 

  • This measure allows a child to maintain some form of contact with a parent while ensuring their safety. 
  • It also offers the court a chance to observe the parent-child interaction and assess any potential risks.

Restricting Custody: Prioritizing Safety Above All Else

When domestic violence is severe or poses a significant threat to a child, the court may limit or even terminate the abuser’s custody rights. This decision is never taken lightly and is based on evidence that demonstrates a clear danger to the child’s well-being.

What Factors Are Considered? 

  • The court carefully evaluates the severity of the abuse, the impact on the child, any patterns of coercive control, and the abuser’s willingness to address their behavior. 
  • The primary goal is to protect the child from physical or emotional harm.

Protecting the Victim: Creating a Safety Net

The court has the power to issue orders that safeguard both the victim of domestic violence and the child. These may include:

Restraining Orders: 

  • These orders prohibit the abuser from contacting or coming near the victim and their children. 
  • They can provide a crucial barrier against further abuse and harassment.

No-Contact Orders: 

  • These orders may be put in place to prevent any direct or indirect contact between the abuser and the child, especially in cases where the abuse was directed at the child.

The Financial Scars of Abuse: How California Law Protects Victims

Domestic violence often leaves victims grappling with more than just emotional and physical wounds. Abusers frequently use financial control as a tool of power and manipulation, leaving their partners in a precarious economic position. California law recognizes the devastating impact of this financial abuse and offers several protections:

Spousal Support: Acknowledging the Impact on Earning Capacity

When determining spousal support (also known as alimony), the court takes into account the impact domestic violence has had on a victim’s ability to earn a living. Abuse can disrupt careers, limit educational opportunities, and create long-lasting financial insecurity.

  • Factors Considered: The court may consider the length of the marriage, the victim’s earning potential, the abuser’s financial resources, and the extent to which the abuse hindered the victim’s ability to become self-sufficient.
  • Goal of Support: Spousal support aims to help the victim regain their footing and establish financial stability after leaving an abusive relationship.

Child Support: Ensuring Children’s Needs Are Met

Domestic violence doesn’t just affect the adults involved; it also has a profound impact on children. California courts prioritize the well-being of children in cases of abuse.

  • Calculating Support: When determining child support, the court considers the financial needs of the child and the income of both parents. Domestic violence can be a factor in this calculation, as the court seeks to ensure the child’s needs are met despite the circumstances.
  • Protecting the Child’s Future: The court may order the abuser to pay a higher amount of child support if their abuse has negatively impacted the victim’s ability to provide for the child.

Financial Abuse: A Hidden Form of Control

California law explicitly recognizes financial abuse as a form of domestic violence. This type of abuse involves tactics designed to control a partner’s access to resources and create economic dependency. Examples include:

  • Controlling Finances: Limiting access to bank accounts, credit cards, or cash.
  • Sabotaging Employment: Interfering with a partner’s job by constantly calling, making them miss work, or even getting them fired.
  • Running Up Debt: Secretly using a partner’s credit cards or opening accounts in their name.
  • Withholding Necessities: Refusing to provide basic needs like food, shelter, or medical care.

Finding Strength and Support in the Face of Abuse

Leaving an abusive relationship takes immense courage. It’s a journey fraught with emotional turmoil, legal complexities, and financial uncertainties. It is a journey that encompasses rebuilding your emotional health and self-esteem (mental health) and navigating the complexities of the legal system concurrently. But you don’t have to walk this path alone. At Maples Family Law, we understand the challenges you face and are here to provide compassionate guidance and unwavering support every step of the way.

Our experienced team is dedicated to protecting your rights and advocating for your safety and well-being. Whether you need help securing a restraining order, navigating child custody arrangements, or establishing financial independence from your abuser, we will be your steadfast allies in the pursuit of justice and healing.

Remember, you are not defined by the abuse you’ve endured. You are strong, resilient, and deserving of a life free from fear and violence. Let us help you reclaim your power and build a brighter future for yourself and your children.

If you are ready to take the first step towards a safer tomorrow, reach out to Maples Family Law today. We are here to listen, to support, and to empower you on your journey to healing and freedom.

Resources

Maples Family Law answers Child Custody questions for your Stockton CA family law matter. Child Custody

Dispelling the Myth: Automatic Child Custody in Stockton, CA –…

Child Custody and its effects in California Family Law cases.

Understanding Child Custody in California

The heartache of separation or divorce is often amplified by the looming question of child custody. Many parents, understandably, carry the misconception that one parent, historically the mother, will automatically be granted custody. However, California family law operates on a different principle. The courts prioritize the best interests of the child above all else, taking into consideration a wide array of factors that extend far beyond traditional gender roles. In this article, Maples Family Law will delve into the intricacies of child custody determinations in California, debunking myths and providing clarity during a challenging time.

Factors Considered in Child Custody Determinations:

  • The child’s age and health: Younger children may benefit from consistent routines and familiar surroundings, while older children may have stronger preferences. The child’s physical and mental health also plays a significant role in determining the most suitable living arrangement.
  • The emotional ties between each parent and the child: The court will carefully consider the strength and nature of the bond between each parent and the child. This includes factors such as the time spent together, the quality of the relationship, and the child’s emotional well-being in each parent’s care.
  • Each parent’s ability to provide a stable and loving home environment: This includes factors such as the parents’ financial stability, housing situation, support systems, and ability to provide for the child’s basic needs. The court will also assess the parents’ parenting styles, discipline methods, and overall ability to create a safe and nurturing environment for the child.
  • Any history of abuse or neglect: If there is a history of abuse or neglect by either parent, this will be a significant factor in the court’s decision. The court will prioritize the child’s safety and well-being above all else.
  • The child’s preference (if they are of a sufficient age and maturity level): If the child is old enough to express a preference, the court will give it significant weight. However, the child’s preference is not the sole determining factor, and the court will ultimately make a decision based on what is in the child’s best interests.

Navigating child custody matters can be emotionally challenging and legally complex. It’s vital to have an experienced family law attorney by your side to protect your rights and advocate for your child’s best interests. At Maples Family Law in Stockton, CA, our compassionate and knowledgeable staff can help you understand your options and guide you through the legal process.

Contact Maples Family Law Today:

If you’re facing a child custody issue, don’t hesitate to reach out to Maples Family Law. We are happy to discuss your specific situation to help you determine the best course of action.

Call us today at (209) 910-9865 or visit our website to schedule your consultation.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. It’s essential to consult with an attorney to discuss the specifics of your case.

Negative Effects of Divorce on Children - Tips to Reduce Stress on Kids Child Custody

Effective Child Custody Orders and Law Enforcement: 3 Things…

Child Custody Orders: San Joaquin, California

In California, divorced, separated, or never married parents must agree on how they will legally, financially, and physically divide parenting responsibilities. In times of conflict, as is often present during family law matters, a court may need to decide the parenting plan for a minor child or children. While parents can create a detailed parenting plan and ask a court to incorporate it into a custody and visitation order, one or both parents may not follow the custody arrangement. What can you do?

Enforcing a Custody Order

Attain an Enforceable Visitation or Custody Order

A clear and concise order with specifics on the time and days each parent is to have  time can help you avoid many misunderstandings. While flexibility is crucial for day-to-day interactions with your children, communication can break down between the parents. At times like this, it is imperative to have in writing the expectations of each party, including specific times and locations for pick-ups and drop-offs.

Keep a copy of your most recent child custody order. Ensure it is complete with the filed stamp and the judge’s signature. Recognize that the terms of custody must be spelled out in full and that vague orders will not be enforced. 

Will Law Enforcement force My Child to Go?

Law Enforcement Agencies are the proper route to enforce your legal custody orders.  However, officers will not typically force a child to go to visitation if they refuse. 

Police respond to life-threatening emergencies. In most cases, they will not respond to a custody dispute unless immediate, life-threatening danger exists. While they may encourage parents to act as the order is written, getting involved in ongoing parental disputes may not be a priority in relation to their other responsibilities and duties.

Re-evaluating Your Custody Order

Co-parenting is a dynamic journey. Parenting plans and court orders may need to change as circumstances change. In times like this, you may need to have your visitation and child custody order re-evaluated or modified by the court. 

If you feel a parent is not following a custody order, document all circumstances that occur. If your child refuses to visit, confirm the dates and the times that this happened. If you believe the other party is intentionally violating the order, you may want to file a contempt of court.  A contempt of court case can have severe consequences (including jail time) for the other parent and be a complicated process to prove the other party intentionally violated the order. 

As custody plans depend highly on several factors, you should speak to a qualified family law and child custodyattorney. Anna Maples can help you with your divorce, family law, and child custody matters in San Joaquin County.

More from Dr. Thomas Maples

From A Sacred Journey Podcast

Child Custody

Visitation Schedules

Between school and work schedules, the modern family has a lot going on. As a result, even when both parents are qualified, it’s not always possible for California courts to split a child’s time fifty/fifty. 

When this happens, the court will sometimes choose a primary residence for the child, and award the non-resident parent ample visitation. 

Visitation comes in several types and can be either scheduled or not. This important parental right ensures both parents have time to cultivate a meaningful relationship with their child and to influence how they’re raised.  

Here’s what you need to know about visitation schedules in California, and what Maples Family Law can do to help you figure out the plan that’s right for your family.  

 

What is Visitation?

Visitation is a critical part of child custody, and refers to the allotted parenting time given to a non-custodial parent. This in-person time is critical to maintaining parental rights, and ensures both parents have access to their child. 

When visitation is planned in advance, this is called a visitation schedule. Visitation schedules can be as detailed or flexible as parents can handle; some need everything planned out, while others work better on an as-needed basis.

Visitation—whether scheduled or not—is only really applicable in situations where one parent is assigned sole physical custody. If both parents have their child for an equal (or close to) amount of time, this is called joint custody. 

In California, all custody decisions—including visitation—will be determined, according to a child’s best interest. 

 

Figuring Out the Visitation That’s Best for Your Child

The best interest of the child is a legal standard that makes a child’s long-term health and wellbeing the driving force behind every decision made.

When applied to custody and visitation, the court will weigh a number of different individualized facts, and choose the outcome that will serve your child best. 

Some of these considerations include: 

  • The child’s age;
  • The child’s health; 
  • The child’s relationship with each parent; 
  • The child’s ties to school, home, and community; 
  • Each parent’s ability to care for the child; and,
  • Any history of family violence or substance abuse. 

Judges are also free to consider any other tidbits they think might be relevant to this decision—though, we should point that, that a parent’s wishes will never be one of those morsels. 

 

Types of Visitation

Like with everything else in family law, visitation isn’t a one size fits all situation. Families are each unique, and thus, each will need an arrangement tailored to their child’s unique needs.  

To accommodate all these varying needs, California family law offers four main types of visitation. These include:  

  1. Scheduled Visitation
  2. Reasonable Visitation
  3. Supervised Visitation
  4. No Visitation

Here’s a closer look at each of these, and when you might use one over the other during a custody dispute. 

1. Scheduled Visitation 

When people think of visitation, scheduled visitation is usually what comes to mind. In this arrangement, a child’s time with each parent is planned out—often in fairly significant detail. 

Often, this calendar often will include information about: 

  • The dates and times with each parent; 
  • Drop off times and locations; 
  • Where the child will spend major holidays; 
  • Who gets the child on birthdays; 
  • School schedules, summer holidays, and family vacations; as well as, 
  • Directions for how special events will be handled. 

Contrary to popular belief, parents do not have to use the court in order to get a scheduled visitation. Parents are always free to make their own parenting plan, and can tailor it to meet their family’s specific needs. If you can’t, though, then the court will draft one for you.

This is usually done using a standard visitation schedule as a starting point. These standard schedules come in a variety of different formats, such as alternating weeks, every other weekend, and even age appropriate schedules, depending on the child’s needs. (For example, a daytime only schedule for a newborn baby.) 

Scheduled visitation is often preferred over other types of visitation, since both parents know what to expect. This helps them to avoid conflict, and provides children with a set routine. However, not all parents like the rigidity of a scheduled arrangement, which is why some choose our next option. 

 

2. Reasonable Visitation

Unlike scheduled visitation, reasonable visitation does not try to plan everything out. Instead, parents agree to allow the other a “reasonable” amount of time with the child, and get to decide—on their own—what, exactly, that means. 

Reasonable visitation is essentially an open-ended, “fly by the seat of your pants” arrangement, and offers families a lot of benefits. Like flexibility, and ongoing communication. Because of this, they work particularly well for amicable divorces, unmarried parents, and those with unpredictable work schedules. However, it’s definitely not for everyone. 

With no structure in place—or, even a definition of what “reasonable” might be—this type of visitation can easily lead to disagreements, requiring parents to head back to court again, later on down the road. 

3. Supervised Visitation

In a supervised visitation arrangement, a parent’s time with their child is chaperoned. This can be done either by a neutral third party (such as a family friend or family member), or, in some cases, may require a paid professional (such a social worker). 

Judges usually require supervised visitation, when the health and safety of the child are in question. Sometimes, this is because of domestic violence. Other times, the court might be worried about mental illness, substance abuse, or even, parental abduction. However, supervised visitation doesn’t always mean you’ve done something bad. 

Supervised visitation is also used to help parent and child ease into a relationship, if the two haven’t seen each other in a long time. 

 

4. No Visitation

And finally, there’s our least commonly used type of visitation: no visitation. 

We say “least commonly used,” here, because parental rights are pretty dang important in California. Hence, in order for the court to completely restrict a parent’s access to their child, the threat of harm has to be fairly significant.

This is usually implemented in cases of known domestic violence, where the threat of physical and/or emotional harm still exists. In California, the court will not put a child in danger just to uphold a parent’s right to access. That being said, keep in mind that you (as a parent) don’t get to make that call. 

In California, parents are not allowed to withhold visitation for any reason. Doing so could put your own parental rights at risk, and prompt the court to reevaluate your custody order. 

If you believe your child is in danger, then you should call the authorities. Afterwards, talk to your family law attorney about filing a formal case. 

 

Do You Need Help with a Visitation Schedule in California?

As a divorced or unmarried parent, your allotted parenting time is a critical part of establishing and maintaining a relationship with your child. That’s why it’s so important to have the right attorney fighting for your rights during a custody dispute. 

If you have more questions about visitation schedules in California, and how one might work in your situation, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us fight for the arrangement that’s in your child’s best interest. 

Child Custody

Where Will My Child Live?

For a parent, nothing is more stressful than staring down the uncertainty of a child custody battle. You’re worried about how they will cope, what they will think, and—perhaps most importantly—where they will live. 

The bad news is: we don’t know where your child will live. Parenting time decisions are made on an individual, case by case basis, so it’s impossible to predict the outcome of your dispute. 

The good news is: California courts want what’s best for your child; and this means splitting your child’s time as close to equal as possible. 

If you’re worried about where your child will live, read on to find out more about how California courts determine child custody, and what Maples Family Law can do to help you navigate these important issues. 

 

Child Custody: Where Will My Child Live?

To answer the question, “Where will my child live?” we first have to look at child custody, as a whole. 

In California, child custody isn’t just about where a child will live. It’s also about who has the authority to make decisions on behalf of that child, and the power they have to influence how that child will be raised. This division breaks child custody down into two main groups: 

  1. Legal custody
  2. Physical custody. 

A parent who has legal custody has the right to make decisions about their child’s health, schooling, medical care, and religious exposure, and to be involved in all major and minor decisions regarding their child. On the other hand, a parent with physical custody has the right to spend time with their child, and to live under the same roof. 

When parents get divorced, the court can no longer assume their child-rearing goals are aligned. As a result, these custody powers must be divided. 

Exactly where your child lives—and who gets to make that call—will hinge heavily on how the court divides these powers. 

Dividing Child Custody: Joint vs. Sole

In dividing child custody, California courts have options. They can either make parents share, or give power to one parent, alone. 

Both legal and physical custody can be either shared, or given to only one parent, alone. 

As a general rule, California courts will almost always divide legal custody equally between parents. Joint legal custody gives both parents an equal say in things like health, education, how their child will be raised. Judges won’t award sole legal custody unless it’s absolutely in a child’s best interest (usually in cases of abuse or neglect). 

Physical custody, on the other hand, is another matter. Due to busy schedules, distance, and a myriad of other factors, dividing a child’s time equally between parents can be challenging. 

That being said, it’s also pretty dang important, because the division of physical custody plays a huge role in where your child will live. 

 

Sole Physical Custody

A parent with sole physical custody is the primary caretaker for their child, and has a lot of discretion in deciding where their child will live. In California, this often goes hand in hand with sole legal custody (though, not always). 

A sole custody parent is still bound by the other parent’s visitation order, however, so they can’t relocate out of state without judicial permission. If an out of state move was requested, the court would revisit the custody order, to see if another visitation arrangement would work better.   

Joint Physical Custody

Joint custody is favored by California courts. However, even when both parents are qualified, it can still be difficult to split time exactly 50/50. 

Luckily, you don’t have to have a perfect split in order to have joint custody. California courts will consider your arrangement “joint,” so long as your child spends a significant amount of time living with both parents. 

A parent who has the greater share of time is sometimes called the “custodial parent,” or “primary residence parent.” (In contrast, the parent with less time is the “non-custodial” parent.) 

Custodial parents have primary custody over their child, and as such—so long as they stay within certain geographic boundaries—have a lot of sway when determining where their child will live. Like with sole custody, however, they’re still bound by the other parent’s visitation order, and are still required to involve the other parent in all major decisions.  

 

Child Custody Factors

When it comes to making these custody decisions, California courts will analyze a number of different individualized factors, and choose the outcome that will serve your child’s long-term health and happiness the best.

To figure out what outcome that might be, California courts will consider: 

  • The child’s age;
  • The child’s mental and physical health; 
  • The child’s emotional needs; 
  • The child’s relationship with each parent; 
  • Each parent’s ability to care for their child; 
  • Each parent’s health and finances; as well as,
  • Any history of domestic violence, abuse, or neglect.

In addition, California judges may consider a child’s preferences, if they are at least fourteen years old. However, this doesn’t mean the child will get their way. 

A child is still a minor until they reach eighteen, and teenagers don’t always know what’s in their own best interest. Hence, judges have the authority to overrule these wishes, and pick the arrangement that will ultimately be in the child’s best interest. 

 

Child Custody Modification

California lawmakers are aware that life doesn’t always stay the same. Change happens, and what works now might not in the future, which is why they’ve provided a way for you to modify your custody arrangement. 

Both custodial and non-custodial parents are allowed to petition to modify custody. However, for the court to consider this request, there needs to have been a significant change in circumstance. 

Situations that often qualify for this consideration include: 

  • A change in career, death in the family, or other illness requiring significant attention. 
  • A parent has put their child in a dangerous environment. 
  • A new relationship puts the child in harm’s way. 
  • A custodial parent is not complying with a visitation order. 
  • A custodial parent has failed to provide their child with proper care (such as, repeatedly missing doctor’s appointments, or arriving late at school). 

A custody modification essentially opens both parents up to scrutiny from the court. So it’s important not to make frivolous requests (otherwise, the results could backfire). 

Judges will evaluate new evidence, and either approve or deny the change, based on what would be in the child’s best interest. 

 

Child Custody Attorneys in California

Your custody arrangement can’t work, unless it’s unique to you. Which is why it’s so important to have a family law attorney that you know and trust; someone who isn’t afraid to fight for your child’s best interests. 

If you have more questions about custody, and where your child will live, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help find the arrangement that’s right for your child. 

Child Custody

Intro to Visitation in California

Between school, play, chores, and extracurricular activities, kids are a busy bunch. Which means that when it comes to divorce, it can sometimes be tricky for California courts to divide a child’s time exactly equally between parents—even when both are evenly qualified. 

That’s why, in California, it’s common for judges to assign one parent to be the child’s primary residence parent, while awarding the other ample parenting time in the form of visitation. 

Visitation is an essential part of custody, and parental rights. It ensures each parent has access to their child, and that both can continue strengthening that relationship through in-person contact. 

Here’s what you need to know about visitation in California, how it relates to child custody, and what the Maples Family team can do to help you navigate these important parental rights.  

 

An Intro to Visitation in California

Visitation refers to the scheduled time that a noncustodial parent gets to spend with their child. It is also a major component of child custody; so much so, that you can’t really talk about one without discussing the other.

But what is child custody, exactly? 

In California, “custody” encompasses all the rights, powers, and responsibilities that come with being a parent. Technically, someone could have custody over an incapacitated, ill, or aging adult, too; however, this concept is most commonly associated with children and divorce.

As a matter of law, only a child’s parents—whether biological, or adopted—have an inherent right to custody over their child. However, in some limited circumstances, the court might grant the child’s grandparents visitation. 

When deciding custody for divorcing or unmarried parents, California will divide these powers into two major groups: legal custody, and physical custody. Here’s a closer look.

Legal Custody

First, there’s legal custody. This aspect of custody deals with a parent’s decision making and legal authority, and enables a parent to make choices about their child’s: 

  • Schooling and education;
  • Childcare; 
  • Mental health treatment;
  • Medical care (including doctors, dentists, and emergency surgery); 
  • Extracurricular activities; and even, 
  • Religious and cultural exposures. 

Legal custody packs a lot of important rights under one umbrella. From large-scale decisions, all the way down to signing that field trip permission slip, legal custody puts you at the forefront of how your child will be raised. 

 

Physical Custody

On the other hand, is physical custody. And, like its name implies, this category of rights protects a parent’s right to have physical, in-person time with their child. 

In legal speak, this time is called “access,” and it encompasses much more than just the occasional fly by. 

Parents have a right to see their child—and not just briefly and sporadically—but long-term and extended. They have the right to live under the same roof as their child, where they can regularly interact, care for, and build the kind of a relationship that only an intimate home environment can really provide.

This is where visitation comes into play.

Because it can be so difficult to divide a child’s time exactly equally between parents, California courts will usually assign one parent to be the child’s primary residence, while awarding the other visitation. But how to decide who gets what?

The court makes these assignments by considering what is in the best interest of the child. 

 

Best Interest of the Child

“Best interest of the child” is a legal standard that is applied for all decisions involving minors, and strives to choose an outcome that will serve a child’s long-term health and happiness the best. 

Hence, when deciding who will be a child’s primary custodian, and who will receive visitation, some of the things your judge might consider will include: 

  • The child’s age; 
  • The child’s health; 
  • The child’s relationship with each parent; 
  • The child’s social and community ties; 
  • Each parent’s ability to care for the child; and, 
  • Any history of substance abuse or domestic violence. 

As you can see, gender does not appear on our list of considerations. That’s because in California, custody decisions are completely gender neutral, meaning that the type of visitation order you receive will depend entirely on your merit as a parent, alone; not your sex (or sexual orientation, for that matter). 

 

Visitation Orders

Visitation orders aren’t a “one-size-fits-all” kind of thing. Instead, these assignments will vary between cases, and are designed to work within your family’s unique circumstances.

To this end, there are four main ways California courts can assign visitation in California. These include: 

  1. Scheduled Visitation. In this situation, parents have an order that specifies all the details of their division of time, including dates, times, drop offs, pickups, holidays, and other special occasions. This type of visitation is typically the result of contested divorce litigation. 
  2. Reasonable Visitation. Here, a couple’s order is more open ended, leaving the parents to work out specific details, as needed. This type or visitation typically works best for parents who have a good working relationship.
  3. Supervised Visitation. When a child’s safety and/or well-being cannot be trusted to the noncustodial parent, the court might assign supervised visitation. In these scenarios, visits must be chaperoned by either another adult, or professional agency (depending on the circumstances). 
  4. No Visitation. Finally, there’s always the option of no visitation. Here, the risks of harm to a child’s physical or mental wellbeing are so great, that the court is not comfortable awarding any type of in person time. In this scenario, the custodial parent would have “sole physical custody.” 

In California, parents are always free to come up with their own custody arrangements, either on their own, or through mediation. 

However, keep in mind that your parenting plan—including all decisions about custody, visitation, and child support—will still need judicial approval, whether agreed upon or not.

 

Tips for Reducing Custody Conflicts

Once finalized, your custody agreement will be enforceable, and you will be expected to carry out your obligations, as outlined. 

In practice, this isn’t always easy (no one said dealing with your ex would be…) But sharing custody doesn’t have to be as hard as you might be thinking, either. 

To help your custody arrangement operate more smoothly, try to use some of these tips when interacting with your ex:

  1. Be polite and respectful. 
  2. Be clear and specific. 
  3. Stay on topic. 
  4. Write down what you discussed, and share a copy with your child’s other parent.
  5. Keep a record of your visitation times, drop offs, and exchanges. 
  6. Avoid talking about custody problems while under the influence. 
  7. Avoid talking about custody problems while your child is around. 
  8. Avoid casual small talk, text messaging, or other non-essential communication.
  9. Make sure you’re both present when discussing important matters with doctors, teachers, and other professionals.
  10. Do not talk badly about your child’s other parent to that child. 
  11. Focus on what’s best for your child (not what you want).

If it helps, treat your child’s other parent the same way you’d handle a business colleague. This mentality will ensure that all your encounters stay short, sweet, and professional at all times.

In California, your attitude towards sharing custody can actually influence the division of custody. In some cases, a systematic failure to cooperate with your child’s other parent could actually result in the court awarding primary residence to the child’s other parent. So it’s best to keep things as civil as possible, at all times. 

At the end of the day, if there is a legitimate reason why your custody arrangement is no longer working, then it may be time to talk to your attorney about modifying visitation. 

 

Do You Need Help with Visitation in California?

As a parent, you want what’s best for your child, and turning them over to someone you no longer trust can be incredibly difficult. That’s why it’s so important to have a family law attorney you can trust. One who will fight tirelessly for an arrangement that’s in your child’s best interest. 

If you have more questions about visitation in California, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and together, we can find the custody order that’s right for your family.

Maples Family Law answers Child Custody questions for your Stockton CA family law matter. Child Custody

Child Custody Overview

Child custody refers to the various rights and responsibilities associated with taking care of a child. These authorities and obligations are most commonly associated with divorce; however, they are also relevant to unmarried parents, grandparents, legal guardians, and individuals looking to adopt. 

In this child custody overview, we’ll define important terms, talk about parental rights, and help you gain a better understanding of what to expect during this important process.

 

Child Custody: 101

In the family law arena, child custody refers to the myriad of rights, powers, and obligations associated with caring for a child. Most of the time, we think of these authorities when couples are getting divorce, however, child custody can also be relevant to: 

  • Unmarried parents—couples who are not married, and want a structured parenting plan to govern interactions with their child. 
  • Grandparents—who might be wanting to gain custody over a grandchild who isn’t receiving proper care from parents. 
  • Legal guardians—who may need partial access to certain custodial powers in order to care for a child or incapacitated adult.
  • Adopted parents—who may want to take on the full mantel a of parental rights for a child who isn’t biologically theirs. 

Regardless of circumstances, all child custody cases are governed by the same set of family laws. These laws attempt to make decisions based on what outcome is most likely to serve a child’s best interest.

In California, these custodial powers break down into two main groups: legal custody and physical custody. 

 

Legal Custody

First off, there’s legal custody, which refers to a parent’s decision make authority, and their right to determine how their child will be raised. 

This category of custody includes a parent’s right to make decisions about their child’s:  

  • Medical and dental health; 
  • Psychiatric and psychological therapy; 
  • Education and child care;
  • Religious and cultural exposure;
  • Travel opportunities; and even,
  • What extracurricular activities they’re allowed to be involved in (if any). 

Most of the time, California parents will end up sharing this authority, equally, meaning that both must pass off on all major decisions. 

 

Physical Custody

The other branch of custody is physical custody. This category refers to a parent’s right to live under the same roof as their child, and to have regular, in-person face time. 

Since it’s so difficult to divide a child’s time exactly equal between parents, California courts will almost always assign one parent to be the child’s custodial parent (or “primary residence” parent), while assigning the other ample parenting time in the form of visitation.

A child’s primary residence is where they live most of the time. This parent is in charge of meeting their daily needs, including food, clothing, as well as things like transportation, daily medication, and homework. 

 

Child Custody: Joint vs. Sole

In California, legal and physical custody are assigned separately. To this end, each set of powers can be assigned to one parent, alone (in “sole custody”), or to both, as shared powers (known as “joint custody”).

Most of the time, legal powers are assigned jointly between parents. This means that both must pass off on decisions for their child, and that one cannot act without the express permission and authority of the other. Legal custody is easy to split fifty-fifty, since it doesn’t require a child to be living under the same roof as its parents. 

Physical custody, on the other hand, is not as easy to divide equally. Between school, extracurricular activities, competing work schedules, and child care needs, it can be nearly impossible to give each parent an equal amount of face time with their child. Which is why it’s so common for courts to assign one parent to be the child’s primary residence.

To decide which parent will be the child’s primary residence, the court will analyze a number of individual factors, to determine what course of action will be in their best interest. 

 

Primary Residence Factors

Some of the factors the court may consider when deciding on primary residence include: 

  • The child’s relationship with both parents; 
  • The child’s physical, emotional, and educational needs; 
  • The child’s need for continued social stability; 
  • The child’s tie to relatives living in the area; 
  • Each parent’s ability to care for their child; 
  • Any history of family violence; as well as, 
  • Any history of substance abuse by either parent. 

Keep in mind that in California, you can still be considered joint physical custodians, even if your arrangement has an uneven division of time. 

 

Child Custody: Visitation 

The parent who does not get assigned as the primary residence will still receive ample parenting time in the form of visitation. 

A visitation schedule outlines the division of time with your child, and is determined based on what is in your child’s best interest. In California, visitation can be: 

  • Scheduled—a detailed plan that outlines specific dates and times of exchange, including where the child will spend holidays and birthdays. 
  • Reasonable—an open-ended agreement that does not make specific arrangements; instead, parents agree to work out the details between themselves.
  • Supervised—an arrangement that requires visits to be supervised by another adult, or a professional agency. This type of visitation generally occurs when the child has experienced harm or neglect because of the parent.
  • No Visitation—a situation where any contact with a parent (even supervised) would be physically or emotionally harmful to the child.  

In addition to a visitation schedule, non-custodial parents are often assigned to pay child support. 

 

Child Custody: Child Support

As all parents know, children don’t come cheap, and these expenses don’t end, just because parents get divorced, meaning that—without support—a child’s primary residence parent will inevitably end up shouldering the bulk of costs for these daily needs.

Hence, to offset this imbalanced financial burden, California courts will often require non-custodial parents to pay child support. This ensures both parents are responsible for meeting their child’s needs, and are held equally accountable, accordingly. 

In California, child support is calculated using a formula that weighs each parent’s income against their percentage of parenting time. However, the court is allowed to deviate from this formula in situations like a high net divorce, when a higher monthly amount would be more appropriate. 

 

Child Custody: Drafting your Parenting Plan 

A family court judge is often needed to help finalize custody matters, however, they aren’t necessarily a requirement, and couples are always free to draft their own parenting plan.

This can be done between individuals—with or without attorneys—or through a more structured process, such as divorce mediation. For some couples, collaborative divorce can be another good, out of court option. 

So long as your proposed custody agreement meets certain state guidelines (such as child support minimums), judges are usually happy to sign off on an agreement you reach on your own. 

 

Child Custody: Enforcement and Modification

In California, decisions involving minors are all made under the scrutinizing lens of the best interest of the child. This legal standard requires the court to choose—not what you want, as a parent—but the outcome that will serve your child’s long-term health and wellbeing the best. 

When a parent fails to uphold their duties under this order, it’s the child who ultimately suffers the most, and California courts do not take these infractions lightly. Penalties for noncompliance are dependent on the offense, but can result in serious legal consequences, including a restriction on parental rights, fines, and even jail time.

If there is a legitimate life change keeping you from carrying out your responsibilities, then talk to your attorney right away. In some situations, custody orders can be modified, however, these changes cannot be applied retroactively. So it’s important not to wait, if something comes up. 

 

Child Custody Attorneys in California

As a parent, nothing is more important to you than your child. You want what’s best for them, and worry about how divorce will affect them. At Maples Family Law, we understand and empathize with these concerns, which is why we hope you’ll trust us to help.

If our child custody overview hasn’t answered all your questions, we hope you’ll reach out. Call us today at (209) 989-4425, or get in touch online, and let our team of experienced family law attorneys fight for your child’s best future.

Child Custody

Enforcing a Visitation Order

In California, all custody decisions are made according to a child’s best interest. This includes being able to have a loving, healthy relationship with both of their parents, whenever possible. However, these relationships can’t blossom without quality time.

That’s why when parents don’t live together, the court will often issue a visitation order. These edicts ensure that the rights of both parents are being upheld, and that each has the chance to foster a meaningful relationship with their child.

California courts don’t make these orders lightly, and failure to uphold them can trigger serious legal consequences. 

If your child’s other parent isn’t cooperating with your custody arrangements, here’s what you need to know about enforcing a visitation order in California, and how the Maples team can help protect your rights and your child’s best interests. 

 

What is a Visitation Order?

Visitation orders dictate how a child’s time will be spent, including where the child will live, and how they will spend holidays. They are a key part of upholding parental rights—in particular, a parent’s right to have access to their child. 

In terms of child custody, this access is often referred to as “physical custody.” 

Both parents have the right to physical custody with their child. However, if they aren’t living under the same roof, this time must be shared. To this end, California courts will assign one parent to be the custodial parent (or, primary residence parent), while granting the other ample parenting time in the form of visitation. 

Visitation orders are generally just one component of child custody. Along with visitation, your child custody orders will also address legal custody, and outline child support.  

 

How to Enforce a Visitation Order When My Ex Has Primary Custody?

It’s hard being a non-custodial parent. You don’t get enough time with your child as it is, and when your ex stops complying with visitation, this puts you in a tough spot. Because now you have to decide if the stress of enforcing visitation is worth the strain on your already limited time together.

If this situation sounds familiar, start by asking yourself these four questions: 

  1. Is my order enforceable?
  2. Does my order need to be updated?
  3. Have we tried making things easier?
  4. Is contempt really worth it?

Here’s a closer look. 

1. Enforceability

Visitation orders are kind of like personalized laws made just for you. These edicts are backed by the full weight of the law, and breaking them warrants the same legal consequences as breaking any other law. 

That being said, the police can’t enforce a law that’s too vague. 

Before jumping through legal hoops, make sure that the terms of your visitation order are clear. In some cases, headaches can be cleared up by shoring up details like specific dates and times—something you may be able to coordinate together, without the court.  

 

2. Updates

If your visitation order is sufficiently clear, then maybe the problem is that your order is dated. 

As all parents know, a child’s needs change just about as fast as they grow. Hence, a visitation arrangement that worked well for your family five years ago might not be the best fit here, in the present. Indeed, some agencies won’t even help enforce orders that are too old. 

If your order is no longer a good fit, then it might be time to consider a custody modification.

 

3. Alternatives

You don’t need to go back to court to resolve everything. Before drafting up a motion, try talking to your ex to see if there are tweaks you can make. Sometimes a simple change in drop-off location or an alternative pick up time is all it takes to keep things running smoothly. 

If it helps, there are even exchange agencies, which can help supervise the transfer of children between parents. These professionals can be really helpful at both keeping parents honest, and tracking violations. And while they do charge a fee, it’s definitely cheaper than the cost of an attorney.

 

4. Contempt

If all else fails, the last step you should consider is contempt of court. 

Contempt is a criminal action, which can be taken against someone who intentionally and willfully violates a court order. This is a serious charge, and one that comes with a very high burden of proof, meaning they’re tough to litigate—especially for visitation violations. 

In terms of custody agreements, contempt is most often used as a means to enforce child support. 

If you are thinking about pursuing contempt, it’s a good idea to consult your family law attorney, first. In many cases, the potential benefits aren’t worth the effort of pursuing in terms of visitation. 

 

Visitation Order Modification

Judges don’t want to see you back right after delivering your original visitation order. However, under the right circumstances they are willing to consider a custody order modification.

Some of these circumstances might include: 

  • A repeated, long standing pattern of custody order violations. 
  • The child’s education needs have changed.
  • The custodial parent’s home environment has changed. 
  • The child is being subjected to harm under the current order.
  • One parent is no longer fit to carry out parental responsibilities. 
  • There has been a change of employment. 
  • The custodial parent needs to relocate. 

As always, California parents are free to draft their own parenting plan—and modifications. This can be done between the individual parents, or in a more structured environment, such as mediation. 

Remember, however, that the changes will not be enforceable until they are approved by a judge—even if both of you agree. Until then, be sure to follow your original order, or else you could risk being held in contempt.

 

Enforcing a Visitation Order in California

Failure to comply with visitation isn’t just a violation of your parental rights. It’s also an affront to your child, who is being robbed of the opportunity to foster a loving, healthy relationship with their other parent.

That’s why if you have more questions about enforcing a visitation order in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.

Enforcing a Custody Order Child Custody

Enforcing a Custody Order

Nothing is more important to you than your child. You want to protect them, and to give them the very best in life. Which is why it can be so infuriating when your child’s other parent violates a custody order. 

Luckily, California courts get pretty upset when this happens, too, so you’re in good company. 

Not only are custody orders mandatory, but failure to comply can result in some fairly hefty financial and legal consequences—not to mention the potential loss of parental rights. So there are plenty of ways to enforce compliance, when necessary. 

Here’s what you need to know about enforcing a custody order in California, and how Maples Family Law can help you navigate this stressful situation. 

 

What is a Custody Order?

A custody order is a legal document that divides parental rights and responsibilities between parents who are not living under the same roof. This usually happens as a result of divorce, but it is also relevant to unmarried parents, who may want a formal agreement to dictate co-parenting responsibilities.

Among other things, custody orders outline legal and physical custody, and dictate whether this authority will be shared between parents (as “joint custody”), or held by one parent, alone (called “sole custody”). It also specifies which parent will be the child’s primary residence, the terms of any visitation schedule, and the amount of child support.

In California, each of these decisions are made with a child’s best interests at the forefront, and with full consideration of which outcome will serve their long-term health, happiness, and well-being the best. This means that when one parent fails to meet their obligations under the order, the child is the one who ultimately suffers the most. 

And, as we mentioned earlier, this isn’t something California courts take lightly.

Enforcing a Custody Order 

If you child’s other parent is refusing to cooperate with a custody order, then there are a couple of different ways you can handle things: 

  1. Talk to the other parent to resolve the issue. 
  2. Contact the police and ask them to help enforce your order. 
  3. Contact the district attorney in your county.
  4. File a motion of “contempt” with the court. 

Here’s what each of these options looks like. 

 

1. Talk It Out

If there isn’t a health or safety risk involved, you may want to consider simply talking to the other child’s parent, before trying anything else. 

Many times, these disagreements arise accidently (for example, not understanding the order, completely), or because of an understandable life change. If your situation ends up being one of these things, then working it out between yourselves is going to be a lot cheaper than rounding up the attorneys.

 

2. Contact the Police

If talking doesn’t work, the next step is to contact the police. 

Custody orders have the full force of the law. This means that failure to comply with one is tantamount to disobeying any other law, and can warrant police involvement. 

That being said, it’s harder for police to enforce something that isn’t clearly defined. Examples of clearly defined terms in a custody order might include: 

  • The dates, times, and locations of child handoffs. 
  • Where the child is supposed to be on certain holidays and birthdays. 
  • How the child will be transported between parents. 
  • The amount of child support payments. 

Without specifics, it may be more difficult for police to enforce anything. Regardless, if you’re contacting the police about enforcing custody, now would also probably be a good time to contact your attorney, as well. 

 

3. Contact the D.A.’s Office

Most kidnappings in the United States (and globally) are committed by family members—specifically a child’s parent. However, just because a child is with their parent doesn’t mean they’re safe, or that the action is legal. 

If you believe your child is in danger of being kidnapped by their other parent—or already has been abducted—you’ll need to contact the DA’s office, and look for the Child Abduction and Recovery Unit. 

Parental abduction can be particularly difficult to counteract if the parent flees to another country. While many countries have committed to following certain international custody procedures, these terms can be difficult to enforce, once the child is out of the country. Hence, it’s important to act fast in these situations.

 

4. File for Contempt 

A contempt of court action occurs when someone has willfully and intentionally violated a court order. If upheld, this charge can result in serious consequences, including steep fines, a black mark on your permanent record, and even jail time. 

This process is not about asking the court to enforce your order. It’s about punishment. And because of that, it isn’t something that should be taken on lightly. 

Where custody is concerned, contempt is generally reserved for more weighty and serious violations, such as the repeated disregard of child support, or abuse. If you think contempt might be applicable in your situation, talk to your family law attorney about what this action could entail, and whether it’s worth it to pursue. 

 

Custody Order Modification

At times, there may be legitimate life changes that keep your custody order from working as well as it should. If this happens, you may need to request a custody modification. 

In California, the court may allow modification, if: 

  • The child’s needs have changed; 
  • The custodial parent needs to relocate; 
  • Either parent develops a physical or mental health illness; or,
  • Evidence of abuse or neglect comes to light.

Court is not always necessary for a modification. Sometimes couples are able to negotiate these changes themselves; other times mediation is more appropriate. 

Keep in mind that even if you and your spouse agree on changes, you will still need a judge to verify your agreement before anything is enforceable. Until that happens, it’s important to continue obeying your original order, or else risk being held in contempt of court. 

 

Custody Order Attorneys in California

Failure to follow a custody order is a serious matter, and not one California courts take lightly. If your child’s other parent is not cooperating, then it may be time for legal action. 

For more questions about enforcing a custody order in California, and how this process might work in your situation, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.

Child Custody

International Custody

Child custody battles are difficult to settle, even for families under normal circumstances. Throw in a couple passports, international job offers, or a few competing citizenships, though, and things get even more interesting. 

In a modern world full of ever-shrinking borders and broadening horizons, international custody is becoming more and more commonplace. Hence, if you’re sitting there wondering: “Who gets custody if my spouse or I live internationally?” then you’re far from alone. 

International child custody disputes happen every day, and—while slightly more complicated than the regular variety—federal courts and international treaties have already laid out a clearly established set of guidelines for California courts to follow in these situations. 

Here’s what those laws look like, how they’re applied in California, and what the team at Maples can do to help resolve your international custody dispute.

 

International Custody: The Basics

International custody refers to child custody disputes between parents with competing nationalities. This could be because of differing citizenships, international job opportunities, long term travel, immigration, student or work visas, or a number of other scenarios.

In these situations, if both parents recognize the authority of a United States court to decide matters, then there really isn’t an issue, and the case will proceed more or less like a normal custody dispute. Where problems arise, however, is when one parent raises a jurisdictional challenge. 

For these matters, California judges are bound to follow the rules and guidelines set down by federal law and international agreement. (This is because—as a state court—California does not have the power to negotiate with foreign courts on its own.) 

In the United States, there are two main bodies of law that govern international custody, and they are: 

  1. The Hague Convention—an international treaty that deals primarily with international child abduction (especially where parents are involved), and provides judicial protocol for returning a child to their home country for custody resolution. 
  2. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—a federal law that helps state courts determine who has jurisdiction, and requires California courts to follow the laws of a child’s home country, if it’s determined that the U.S. does not have jurisdiction.

Hence, when presented with an international custody case, the first thing California courts will do is to see if the country in question has signed on to the Hague Convention. 

 

1. The Other Country is NOT Part of the Hague Convention

If the country in question has not signed the Hague Convention treaty, then before anything else, the court will need to determine who has jurisdiction over the case. In California courts, this determination is made using the UCCJEA. 

Under the UCCJEA, a child’s “home” is wherever they have lived during the six months immediately prior to the child custody dispute.

If it’s determined that the child’s home is California, then the court may apply the other country’s laws during the dispute, but aren’t obligated to (and especially not if those laws violate human rights). 

If, on the other hand, the other country is their child’s home, then the U.S. will be required to make custody decisions based on that country’s laws (or, according to the UCCJEA, whichever has ultimate jurisdiction). 

 

2. The Other Country IS Part of the Hague Convention

If, on the other hand, the country in question has signed onto the Hague Convention, then the Convention is only triggered if the child has been wrongfully abducted from their home country (or, “habitual residence”). 

Here, the country who initiates a claim has two options. They can either:

  1. Demand the immediate return of the child; or, 
  2. Request an arrangement for the other parent to have continued access to their child.  

The problem is, even when both countries have agreed to the Convention, foreign courts don’t always see eye to eye, and will sometimes refuse to comply. This refusal is exasperated by the fact that there aren’t any real consequences for not following the Convention. 

Hence, if you’re worried about an impending divorce that involves international custody, it’s critical to talk to your attorney immediately, just in case you need to file a temporary order.

 

International Custody and Move Away Requests

Sometimes the court gets an international move away request after a divorce is finalized. 

A move away request is essentially a petition for custody modification, which will allow a custodial parent to relocate their child outside the specified geographic boundaries of their parenting agreement. 

Like in a regular move away request, your judge will weigh the merits of different factors, in order to determine what scenario will be in your child’s best interest. These include: 

  • The distance of the move.
  • The reasons for the proposed move.
  • The child’s age.
  • The child’s wishes (if old enough). 
  • The child’s need for stability and continuity.
  • The child’s relationship with both parents.
  • The relationship between the two parents (including how each communicates, and if both are willing to facilitate the child’s relationship with the other). 
  • The current custody arrangement (including who the custodial parent is, and by how much). 

Additionally, when a move will take a child outside of the United States, California courts will pay particular attention to:

  • The cultural differences between what the child has here, and what they’d experience there (and how that disruption would affect them). 
  • The distance of the move, and what it would mean in terms of travel expenses, jet lag, time difference, and obstruction of contact with the child’s other parent.
  • Any ongoing jurisdictional problems with the other country (say, for example, whether or not the country was part of the Hague Convention). 

Because of the disruption it poses to the child’s life—as well as the challenges it would pose for the child’s other parent—international move away requests are much more difficult to approve than state to state moves.

 

Parental Kidnapping 

Unfortunately, parent kidnappings are a very real, very common occurrence—especially where international custody is concerned. In fact, it’s estimated that over 90% of international kidnappings are carried out by a child’s parent, and these abductions can happen at any time before, during, or after divorce proceedings. 

When this happens, the Hague Convention is triggered, and will require the country in question to return the “wrongfully removed” child back to their home country for custody resolution.

The problem is, that—even when both countries have signed the Hague Convention—it’s always more challenging to get a child back, once they’re in another country. And those challenges get worse, the longer the absence drags on. 

Hence, if you’re worried your ex might try to remove your child from the country without consent, it’s vital to contact your attorney, and notify officials. In some situations, a temporary order can be filed to ensure they cannot flee with your child. 

 

International Custody Attorneys in California

While international custody isn’t nearly as straightforward as your regular, run-of-the-mill variety, with the right attorney, this process doesn’t have to be as scary as you might be thinking. The key is to act early. 

If you have questions about international custody in California, and how these laws might apply to your situation, don’t wait. Call the Maples team at (209) 989-4425, or get in touch online, and let us help protect your child’s best interests in these important matters.

Anna Y. Maples Maples Family Law



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