Tag: <span>Best Interest of the Child</span>

11 Common Questions About Joint Custody Schedules in California

April 20, 2020August 10, 2020
by Angie

If you’re like many people, you have plenty of questions about developing a joint custody schedule during or after divorce. Check out these joint custody schedule frequently asked questions to see if you can find an answer here – or, if you don’t see your question or need personalized legal advice, call us at 209-395-1605 to schedule a consultation with a Stockton divorce attorney.

11 Common Questions About Joint Custody Schedules in California

Check out these 11 common questions about joint custody schedules in California.

What is a Typical Joint Custody Schedule?

In California, joint custody schedules vary greatly from family to family. The courts recognize that no two families are exactly the same – and kids of various ages have different needs. Some typical joint custody schedules include: the 50-50 custody schedule, the 2-2-3 joint custody schedule, and the week-on, week-off custody schedule. Your attorney can help you understand your options if you’re sharing joint custody with your ex.

How Do I Get a Joint Custody Schedule?

When you’re going through a divorce or breakup and you’re sharing custody of your children with their other parent, you get a joint custody schedule by making one. Create your schedule with your kids’ best interests in mind; that’s what it’s going to take to get a judge to sign off on your joint custody plan. You might choose a week-on, week-off joint custody schedule if you have older children, or you might prefer the common 2-2-3 parenting schedule. You can customize your schedule to reflect your family’s unique needs, but the key is that you create something that does what’s best for your children. If the custody schedule you submit to the court isn’t something that serves your child’s best interests, the judge in your case is going to tell you to try again.

What is a 50-50 Custody Schedule?

In a 50-50 custody schedule, each parent has the children half the time. That may mean that you alternate days or weeks, or it might mean that one of you picks the kids up from school, drops them off the next morning, and then the other parent picks them up and starts the cycle over again. This way, each parent has equal time with his or her children. You can even work it out in another way – what’s most important is that it works for your family.

The custody schedule you choose should always be in your kids’ best interests, not yours. The judge assigned to your case will look carefully at the joint custody schedule you’re submitting to make sure it’s truly what’s best for your children.

Related: Child custody in California

What is a 2-2-3 Parenting Schedule?

A 2-2-3 parenting schedule is a common way that parents with joint custody of children work out times to be with them. Many parents choose this schedule because it allows ample uninterrupted time with the children, and each parent gets the kids every other weekend. The numbers in a 2-2-3 parenting schedule represent days, so let’s start with Parent A and Parent B.

Parent A has the children for the first two days of the week. Parent B takes over for the next two days, and then Parent A takes the kids for the three days (to include the weekend). Then, it’s Parent B’s turn to get the kids for two days. Parent A gets the kids back on the second two-day group, and then Parent B takes the kids for three-day weekend. The schedule just keeps going back and forth in this way so that both parents enjoy weekend and weekday time with the children. It’s not right for every family, such as those who live far apart or who have very young children who are used to one parent being the primary caregiver, but it can be a great solution for people who live close to each other with older children.

What is the Best Custody Arrangement?

Some parents argue that the best custody arrangement is the 2-2-3 parenting schedule, the 50-50 parenting schedule, or something else entirely – but it doesn’t matter what some parents think. What matters is what’s the best custody arrangement for your children. The state of California recognizes that kids benefit most from frequent and continuing contact with both of their parents, but what that looks like is up to you and your children’s other parent.

If you have young children, the best custody arrangement might be one in which the kids stay in one home throughout the week and visit the other parent’s home on a few evenings or for some time on weekends. Older kids might prefer the 2-2-3 parenting schedule, or even the week-on, week-off joint custody schedule. When you’re putting together your parenting plan, think about what’s going to be easiest on your children. If they’re in sports, for example, it might make sense for them to stay in one home throughout the week and spend weekends with their other parent. The bottom line is that every family is different, so every joint custody schedule should look a little different.

Related: Infant custody laws

What’s the Difference Between Shared and Joint Custody?

In California, shared and joint custody are the same thing. In other states, the terms vary – and there are big differences between shared and joint custody. However, in California, you can say that you have shared custody or joint custody; both still mean that you and your children’s other parent share the rights and responsibilities of making decisions for your kids, or that you share physical time with the children (or both).

There are two types of custody in California: legal and physical. Legal custody refers to your rights and obligations, particularly when it comes to deciding where the kids will live, where they’ll go to school, what types of routine medical treatment they’ll get, and other things that impact their welfare. Physical custody refers to where the children live.

With joint or shared legal custody, both parents share the responsibility for deciding where the kids will live, as well as making decisions about their health, well-being and education. With joint or shared physical custody, the children live with both parents.

How Can I Get Custody Without Going to Court?

You can get custody of your children without going to court – for the most part. You and your children’s other parent can come up with a custody agreement between yourselves. You will have to go to court (unless your attorney can go on your behalf) to get the judge to sign off on it – and when that happens, it becomes a legally binding court order. The only way to really get custody without going to court is by reaching an agreement with your spouse; you must both agree, and the custody plan you come up with must serve your children’s best interests.

What Does a 70/30 Custody Schedule Look Like?

A 70/30 custody schedule looks like this: A child spends 70 percent of his or her time in the care of one parent, and 30 percent of his or her time with the other. Really, it works out to spending two nights out of seven with one parent (and the other five with the other parent).

Here’s what a 70/30 custody schedule looks like on paper:

	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Week 1	Parent A	Parent A	Parent B	Parent A	Parent A	Parent A	Parent B
Week 2	Parent A	Parent A	Parent B	Parent A	Parent A	Parent B	Parent A

Naturally, you can modify this schedule so it works out for your family; maybe different days of the week are better.

Why is Shared Custody the Best Arrangement?

Shared custody is the best arrangement – for some families. It’s not best for every family. However, for families who are able to have shared custody, they consider it the best arrangement because it allows children to have frequent and continuing contact with both parents.

Some families aren’t cut out for shared custody, such as those that have had domestic violence issues in the past. When one parent lives too far away, or when the parents aren’t amenable to each other, shared custody can cause more problems than it’s worth.

How Many Days is 70/30 Custody?

Usually, 70/30 custody works out to being five days with one parent and two days with the other. The days can vary week by week, based on what’s right for your family.

What is a Reasonable Visitation Schedule?

A reasonable visitation schedule is one that allows the children frequent and continuing contact with both parents. The state of California recognizes that this is essential for kids, so whenever possible, a parenting plan or parenting time agreement should allow for both parents to spend plenty of time with the children.

Every family is different, though, and what your family finds to be a reasonable visitation schedule might not work for another family. The key to settling on something reasonable is working with your children’s other parent to create the best joint custody schedule for your needs. When you both have a hand in creating it, you’re both more likely to feel that it’s reasonable – and you’re more likely to want to stick to it.

How Far Can I Move With Shared Custody in California?

When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children’s other parent. If your kids’ other parent doesn’t agree with you moving, you’ll have to show the court that the move is in your children’s best interest. The court can say no, so be prepared. However, that doesn’t mean you personally can’t move; you may simply have to move without your children.

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

If you’re divorcing and need to create a joint custody schedule, or if you’re thinking about moving away because it’s what’s best for your family, we may be able to help you. Call us at 209-395-1605 to schedule a free consultation with a Stockton divorce attorney who understands the complexities of joint custody schedules, legal and physical custody, and other divorce-related matters today.

Child Custody

Does Adultery Affect Child Custody in California?

July 22, 2019March 23, 2020
by Angie

If you’re like many people going through divorce, you have a lot of questions – and one of them is Does adultery affect child custody in California?

Adultery – what it’s called when one person “steps out” of a marriage by being unfaithful – isn’t supposed to affect your divorce. In fact, California is a no-fault divorce state. That means you don’t have to have a reason for divorcing, and the courts can’t use fault to determine things like child custody in most cases. (We’ll get to those exceptions later.)

Here’s what you need to know.

Does Adultery Affect Child Custody in California?

The state of California recognizes that it’s in kids’ best interests to have healthy relationships with both parents. (That’s true even if you have a low opinion of your spouse because he or she cheated on you.) The courts won’t say, “Well, you cheated, so you can only see your kids every other weekend.”

Here’s the deal, though. If one spouse’s infidelity during the marriage changed his or her fitness as a parent, the courts can use it to rule on child custody. But being an “unfit” parent is a big deal, and courts don’t throw that around lightly. The fact that he or she cheated – while it did destroy your marriage – doesn’t mean that the courts will see your spouse as an unfit parent.

Related: Is adultery illegal in California?

Your spouse would have to do something that seriously changed his or her ability to parent, like engage in sexual acts with the other party in front of the kids. The adultery could also affect custody if the new partner abuses the children, for example. If the affair changes your spouse’s living arrangements in a way that wouldn’t be good for the kids (like if he or she moved into a studio apartment with the paramour, and there aren’t any beds or sofas for the children to sleep on), the courts would rule based on what’s best for the kids.

Your Kids’ Best Interests

It’s important to remember that the courts will always put the kids’ best interests first. In cases like those, there’s no way to predict how a judge will rule – but the courts definitely have options. A judge might:

Restrict one parent from seeing the kids except when he or she is supervised
Say that the kids can’t have overnight visits with one parent
Come up with any remedy that puts the kids’ needs first

The bottom line is that even though adultery may have destroyed your marriage, it won’t affect child custody unless it has changed your soon-to-be ex-spouse’s fitness as a parent.

It can, however, affect other aspects of your divorce.

Adultery and Divorce: What Does it Affect?

Adultery can have a minimal impact on other aspects of your divorce, but only in limited circumstances. For example, it may affect property distribution and alimony.

How Adultery Can Affect Property Division

When one spouse spends marital money – which is community property – on an affair partner, and when the other spouse can prove it, the courts may order the big spender to repay half of what he or she spent. This can be very difficult to prove, so without a paper trail, you may not be able to show the court how much your spouse spent on the affair partner. Even if you just suspect that your spouse spent money on the affair partner, though, you should let your Stockton divorce attorney know. Your spouse could be hiding money or accounts, which he or she is legally required to disclose during divorce.

How Adultery Can Affect Alimony

In some cases, the courts order one spouse to pay the other alimony. Known as spousal support, this money is supposed to help a lower-earning spouse get back on his or her feet. Several factors go into a judge’s alimony decision, and one of them is the lower-earning spouse’s living arrangements. If your spouse cheated on you and is now living with the affair partner, you may not owe him or her as much alimony as you ordinarily would – after all, there’s someone else living there that can help pay the bills and provide support.

Who Pays for Divorce if Adultery is the Cause?

You can ask the court to order your spouse to pay your legal fees related to divorce, but not because he or she cheated on you. Section 271 of the California Family Code allows the court to order one person to pay another person’s legal fees if that person doesn’t have enough money to pay his or her own legal fees. Sometimes judges can order one spouse to pay the other’s legal fees without need, too, such as when one party keeps trying to drag the other back to court needlessly.

How Do You Prove Infidelity During Divorce?

In California, there’s typically no need to prove infidelity. It won’t impact the outcome of your case (unless your spouse spent all your family’s savings on his or her affair partner, or your spouse engaged in lewd behavior with a paramour in front of your children, that is).

If you believe that your spouse’s cheating will have an impact on your divorce, you’ll need to provide the court with evidence. That could include credit card statements or bank statements that show how much money your spouse spent on the other party, or proof that your spouse (or the affair partner) behaved improperly in front of your children. The behavior has to be extreme, though – as upset as you may be that your children stayed the night with your ex at the same time his or her affair partner did, that alone probably isn’t enough for the adultery to affect your divorce.

Is Adultery Punishable by Law in California?

While adultery is against the law in some states , it’s not illegal in California. As a result, someone can’t go to jail for cheating on a spouse. However, there are other ways that adultery can affect a person going through a divorce, such as property division and spousal support (both of which are discussed above). But remember: California is a no-fault divorce state, which means that a judge is unlikely to consider a person’s infidelity unless he or she spent family money on a paramour (and the jilted spouse can prove it) or if it directly affected the children in a negative way.

So is cheating a crime in California? No, it’s not. However, it can affect divorce in multiple ways.

In What States Can You Sue Your Spouse for Cheating?

Alienation of affection is recognized in a handful of states:

Hawaii
Mississippi
New Mexico
North Carolina
South Dakota
Utah

How Do You Salvage a Relationship After Cheating?

There are many people who believe you can’t salvage a relationship after cheating – but on the other side of the coin, there are people who believe you can. If you’re interested in saving your marriage, you may want to talk to a divorce therapist near you about what to do next. Unfortunately, there’s no one-size-fits-all solution for everyone. Even more, both of you must be willing to salvage your relationship and commit to the idea that you need to create a “new normal.”

Can I Sue My Wife’s Lover in California? (Or My Husband’s Lover?)

Some states do allow you to sue your spouse’s paramour for alienation of affection… but California isn’t one of them. There aren’t any “homewrecker” laws in our state. Although you’re heartbroken over what happened, you’re not going to find justice for your spouse’s moral issue in the court system.

This might really work out in your favor, though. To sue your wife’s lover (or your husband’s lover), you’d have to have concrete proof that he or she cheated on you. Finding that proof can cause more heartbreak than it’s worth.

Remember: You don’t need to prove that someone is at-fault for your divorce in California. You just need to let the court know that your marriage cannot continue because you have irreconcilable differences.

Do You Need to Talk to an Attorney About How Adultery Affects Child Custody in California?

If you’re going through a divorce, or if you need to talk to a lawyer about how adultery affects child custody in California, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Child Custody

What is the Best Interest of the Child in…

July 17, 2019July 17, 2019
by Angie

What is the best interest of the child in California? If you’re like many people, you’ve heard that phrase before – but what does it mean, and how does it apply?

Here’s what you need to know.

What is the Best Interest of the Child in California?

When you hear the term the best interest of the child, it’s generally about child custody. When the courts have to make a determination on custody, such as where a child will live and which parent will make important decisions about the child’s life, the judge has to look at what’s best for the child.

The courts recognize that children’s health, safety and welfare are the most important things. The courts also recognize that kids benefit from frequent and continuing contact with both parents.

Some of the factors the courts will look at when determining the best interest of the child in California include:

The child’s age
The child’s health
The emotional ties that each parent shares with the child
Each parent’s ability to care for the child emotionally, physically or financially
Whether there’s a history of family violence or substance abuse
The child’s ties to home, school and community

Ultimately, what’s best for the child will win the day in court.

The Best Interest of the Child in California: Full vs. Joint Custody

California custody laws provide parents with the opportunity to work out their own custody agreements. As long as the agreement the parents reach is fair to everyone involved – and especially to the children – the judge is likely to sign off on it. However, sometimes the courts have to intervene and make a determination on custody on their own. This can happen when the parents simply cannot agree, even with mediation, or when the court has information that shows a certain arrangement would be better for the kids involved.

There are two main types of custody: legal and physical.

Legal custody refers to a parent’s authority to participate in major decisions about the child’s health, education and welfare.

Physical custody refers to the child’s physical presence with a parent.

Most parents share legal and physical custody – that’s called joint custody. However, in some cases, only one parent has legal custody. Sometimes only one parent has legal and physical custody, too. Usually, that happens when:

It’s in the child’s best interest for only one parent to have those rights and responsibilities
The parents have proven to the court that they are unable to make decisions together
One parent is unfit
One parent is incapable of making decisions or of caring for the child

Modifying Custody Because it’s in the Child’s Best Interest

Sometimes the court will enter an order when parents split up, but later, the order stops working as it should. For example, if the parents are supposed to share physical custody of the child, but one parent moves across the country, the custody order will need to be modified. Another example might be if one parent is putting the child in a dangerous environment, or if he or she is failing to properly care for the child.

Custody orders can be modified, but you’ll have to ask the court to agree to a new plan. Your attorney can file the appropriate petitions and walk you through the process.

Do You Need to Talk to an Attorney About Custody and the Best Interest of the Child in California?

If you’re going through a divorce, or if you need to change your custody agreement, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

What Does “Best Interests of the Child” Mean in…

July 31, 2017January 17, 2019
by Angie

Child custody cases in California typically revolve around the “best interests of the child.”

But what does that mean, and how does a judge who doesn’t know your family determine what’s in your children’s best interests?

What Does “Best Interests of the Child” Mean in California Courts?

When parents can’t agree on child custody on their own or through mediation, the judge in the case will have to reach a solution that works for everyone involved—but the judge’s primary concern is the child.

In a typical custody agreement, both parents have some time with the child; they share custody. It’s usually the amount of time each parent gets that trips everyone up, and that’s often where the judge has to step in.

How Judges Determine Child Custody in Stockton and Other California Jurisdictions

Both parents have equal rights to custody under the law, and judges can’t give preference to one parent over the other simply based on his or her gender.

When a judge must determine custody, he or she has to remember two things:

The children’s health, safety, and welfare is the court’s primary concern
Kids benefit from frequent, continuing contact with both of their parents

As long as the judge bears those two things in mind, he or she can consider any factor relevant to parenting.

Children’s Health and Safety in Custody Decisions

When a judge makes a decision on child custody, he or she has to consider factors that may affect the child’s health and safety. There are legal issues in some cases, such as when one parent has committed first-degree murder of the child’s other parent, or has been convicted of some types of physical or sexual child abuse (in those cases, judges are prohibited from granting custody or unsupervised visitation to that parent).

When Judges Can Limit Custody and Visitation

Judges can also limit custody and visitation when one parent has engaged in child abuse (or partner abuse), even if that abuse hasn’t resulted in a court conviction, provided that an independent and reliable source verifies that it has happened. Drug use and alcohol abuse are other factors that may relate to children’s health and safety, so judges can limit custody and visitation if they’re present, as well.

Does the Child’s Preference Matter in Custody Cases?

The law requires courts to consider a child’s preference when the child is mature enough to make an intelligent choice. There’s no specific age listed in the law, but typically, courts are more willing to listen to a child’s preferences when he or she is older and more mature. (A six-year-old’s preference may not carry as much weight as a 16-year-old’s preference will.)

Probability of Parental Alienation and Interference With Healthy Relationships

A judge must consider which parent is more likely to encourage a healthy relationship with the child’s other parent. Because judges have to remember that kids benefit from good relationships with both parents, this is a valid concern—and if there’s a probability of some form of parental alienation or interference with the other parent’s relationship with the child (or if it’s already happened), the court may restrict custody or visitation.

Which Parent Can Provide Stability and Continuity?

Judges prefer to keep kids’ lives as stable as possible, and that includes evaluating established patterns of care and the emotional bonds children share with their primary caretakers. Typically, judges keep siblings together unless there are extraordinary circumstances that make it necessary to separate them, as well.

Do You Need to Talk to a Stockton Child Custody Attorney?

If you’re contemplating divorce or you need help fighting for custody of your children, it may be a good idea to get in touch with an experienced child custody lawyer in Stockton. We can also answer your questions about child support, spousal support (alimony), and the divorce process in general.

Call us at 209-910-9865 or get in touch with us online for a divorce case evaluation. We’ll talk about your situation and start developing a strategy that gets you—and your kids—the best possible outcome.

Child Custody

Dividing the Child: Should Children be Involved in their…

May 5, 2016May 24, 2020
by Dr. Thomas Maples

Current California law requires the courts to give due weight to the wishes of a child who is 14 years of age or older regarding their custody and visitation arrangements if that child is shown to be of “sufficient age and capacity to form an intelligent preference as to custody or visitation.” However, AB 2098, currently under consideration by the state legislature, will move the age of decision making capacity from 14 to 10 years of age if it is passed.

This bill, commencing July 1, 2017, would instead require the court to permit a child who is 10 years of age or older, of his or her own volition, to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests. The bill would require the court to determine whether the child is addressing the court of his or her own volition and to provide the child with an age-appropriate form developed by the Judicial Council that explains to the child specified information prior to the child addressing the court regarding custody or visitation. The bill, commencing January 1, 2017, would require the Judicial Council, no later than July 1, 2017, to develop this age-appropriate form (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2098)

On a practical level, this bill may sound promising at first. Why shouldn’t children have the capacity to choose the parent with whom they want to live? Why shouldn’t they be in control of the visitation arrangements they will be subjected to take part in as they learn to form independently operating relationships with either or both parents of their choosing? It is their life, is it not! Shouldn’t it be their choice?

Children are ultimately the ones who are subjected to the will of a third party, whose decision will ultimately affect the course of their academic, social, and familial future until the time they are 18. Unfortunately in today’s arena of highly contested divorces and custody conflicts, it is the children who are placed in the middle of the family conflict that is forever dividing the landscape they were born too. While it used to be common ground to tell children, “it is not your fault,” regarding the division of their family tree, now the state legislature and the judicial officers will be placing the capacity, no the responsibility to decide as to what parent they will lose: Oops, I mean which parent they will choose, even though both parents are ultimately at fault for their childish inability to take that same child’s best interest into account. A child simply must have the answer of what is in their best interest: Right. Or do they?

At first sight, this seems to be a progressive step towards children’s rights. From a purely philosophical perspective, it would seem to grant children the rights to exercise judgment under the guise of free will. However, from a practical perspective, can a child be expected to house this burden of choice, where an audience with the judge “will” come with a heavy price tag, one they may not be able to shoulder as the repercussions of their decision immediately takes form as a final order is rendered by the court. What emotional repercussion will take place for this child, and at what expense will their development be affected due the decision made to choose one parent over the other? Is a child 10 years of age even capable of making a decision of this magnitude? From a developmental perspective, the answer is clearly, NO!

From a developmental perspective, a child 10 years of age is in a socially awkward stage of life. This stage of development is commonly called latency. During latent development, a child has mastered core concepts of survival during infancy through early childhood, and can effectively care for themselves in a limited, but highly dependent manner. They remain dependent on their parents, even though either / or both parents may be unable or even unwilling to find the middle ground when it comes to the emotional, developmental, and spiritual needs of the child they fight so vehemently for within a custody dispute. This is especially difficult for a child of this age, who not only knows of the physical and emotional dependence they have on their parents, but concurrently lacks the cognitive capacity to formulate a multifaceted approaches to understanding the specific ramifications an either / or decision such as custody determination or visitation arrangements will have on their personal development. Children of this age, simply cannot think beyond the either or perspective enough to understand the consequences associated with their decision.

The idea of allowing a 10 year old a voice to choose custody preference or visitation arrangements becomes even more flawed when viewed from a psychosocial or a cognitive developmental lens. During their latent development, a period of childhood that begins roughly at 6 and lasts until 12 years of age, a child becomes more keenly aware of their personal strengths and weaknesses. This is especially true in areas of social, educational, and familial expectations. Values are passed on during this time, and these are linked not only to educational and social expectations, but specific values the nuclear family finds important to pass on to their offspring. During latent development, a child develops the capacity to see things from a “concrete operational perspective,” can reason about objects and simple relationships between them, but lacks the capacity to entertain multifaceted hypothetical scenarios common to abstract thought (Newman & Newman, 2003). While children may have the capacity to focus on relationships among adjoining or related ideas, they lack the capacity to see how draw inference as to how these ideas can related to other areas of life. In order to complete this form of complex thought process, a child must develop the capacity to abstractly reason, a developmental task that does not occur until mid adolescence.

Because children lack the capacity to form multifaceted, complex ideas around the ways either / or decisions can affect a variety of other factors that occur within their life, they are often seen to make rash decisions, which ultimately can be based upon the ulterior volition of one parent, where the will (whim) of the child can and ultimately will sabotage what is in their best psychological interest. From a cognitive perspective a child is unable to understand the brevity of the decision they are forced to make, regardless of a form they have been given to complete may imply.

Form a psychosocial perspective, a child during latency Must learn age appropriate social, familial, and occupational expectations. It is during this stage that a child needs his or her parents the most. Despite the division that occurs during the divorce process, the more perspectives a child receives regarding values and ethics formation, the better equipped they are to enter and model the complex thought capacities needed to form abstract ideals about the world in which they live.

A child during latency is said to enter a psychosocial crisis of industry versus inferiority. They learn social industry during this stage of development, which is inclusive of family values and / or expectations. If a child fails to engage appropriately in social industry development, the begin to lack the self esteem needed to push on towards further avenues of success. This oftentimes stands as the catalyst for future self-esteem problems that form the basis for numerous mental health disorders seen in early adolescence and early adult life.

Childhood is a special time where they must learn ways to appropriately interact with the environment that they not only live within but will eventually make their mark upon. Pushing children to grow up too quickly is never a good idea, expecting them to make decisions they are simply incapable of is a poor choice not only for the children, but also the courts who would implement this law, and the state legislature that is imposing a parameter on a population that cannot meet the expectation given. This is a bad idea. Not only from a psychological and developmental perspective, where the child who was once sheltered from the atrocities played out in family court will now be exposed and offered a voice as to what is the best of the two worst case scenarios.

If you’d like to get more information, or if you’re ready to speak to an attorney, please contact Maples Family Law.

Tag: <span>Best Interest of the Child</span>

11 Common Questions About Joint Custody Schedules in California

11 Common Questions About Joint Custody Schedules in California

What is a Typical Joint Custody Schedule?

How Do I Get a Joint Custody Schedule?

What is a 50-50 Custody Schedule?

What is a 2-2-3 Parenting Schedule?

What is the Best Custody Arrangement?

What’s the Difference Between Shared and Joint Custody?

How Can I Get Custody Without Going to Court?

What Does a 70/30 Custody Schedule Look Like?

Why is Shared Custody the Best Arrangement?

How Many Days is 70/30 Custody?

What is a Reasonable Visitation Schedule?

How Far Can I Move With Shared Custody in California?

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

Does Adultery Affect Child Custody in California?

Does Adultery Affect Child Custody in California?

Your Kids’ Best Interests

Adultery and Divorce: What Does it Affect?

How Adultery Can Affect Property Division

How Adultery Can Affect Alimony

Who Pays for Divorce if Adultery is the Cause?

How Do You Prove Infidelity During Divorce?

Is Adultery Punishable by Law in California?

In What States Can You Sue Your Spouse for Cheating?

How Do You Salvage a Relationship After Cheating?

Can I Sue My Wife’s Lover in California? (Or My Husband’s Lover?)

Do You Need to Talk to an Attorney About How Adultery Affects Child Custody in California?

What is the Best Interest of the Child in…

What is the Best Interest of the Child in California?

The Best Interest of the Child in California: Full vs. Joint Custody

Modifying Custody Because it’s in the Child’s Best Interest

Do You Need to Talk to an Attorney About Custody and the Best Interest of the Child in California?

What Does “Best Interests of the Child” Mean in…

What Does “Best Interests of the Child” Mean in California Courts?

How Judges Determine Child Custody in Stockton and Other California Jurisdictions

Children’s Health and Safety in Custody Decisions

When Judges Can Limit Custody and Visitation

Does the Child’s Preference Matter in Custody Cases?

Probability of Parental Alienation and Interference With Healthy Relationships

Which Parent Can Provide Stability and Continuity?

Do You Need to Talk to a Stockton Child Custody Attorney?

Dividing the Child: Should Children be Involved in their…

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