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Child custody complicated by international abductions

If you share a child with your spouse and are currently contemplating divorce, you should know that Alameda County will generally require both parties to attend counseling services. These services are offered at no cost to either party and are designed to smooth out issues related to child custody and visitation rights.

As mentioned in a previous blog post on our website, some parents are unable to reach consensus through the Child Custody Recommending Counseling Services. In the most extreme examples of these disagreements one of the parents may choose to abduct the child and abscond with them internationally.

Advice for divorcing California couples who need to divide art

When going through a divorce in California, people may find that one of the most lengthy processes that they go through is in dividing their wealth and their assets. While most of this may just mean splitting up bank accounts, investments, and other tangible things that can be split in half with relative ease, what should people do when they need to divide things like art, which cannot be evenly divided? How do they decide who gets a sculpture or a painting?

One thing to remember is that this is not going to be a strictly financial decision, like dividing a savings account. Art collectors often feel emotionally attached to specific pieces, so couples will need to work to find solutions that make both sides happy, even if those solutions are not perfectly even from a financial perspective.

Important California child custody and visitation tips

After a divorce, it is common for both spouses to feel a certain level of distrust and anger towards each other. Child custody issues and visitation rights are perhaps the two most divisive issues between parents who share a child. Arguments can erupt easily, and emotions can run high whenever warring ex-spouses must deal with one another in matters regarding their child.

However, it is important to always remember that how your child views your relationship with your ex-spouse may negatively influence his or her own relationships in the future. That's why you should adopt a policy of interacting with your ex-spouse as if you were at your job. Be polite, limit your use of profanity and refrain from name-calling and other personal attacks. Honor your pickup and drop-off times just as you would show up to work: on time, every time.

Is a summary dissolution the same as a divorce?

Sometimes, couples headed for divorce decide that remaining married to each other simply unbearable. Many unhappy couples approach their attorneys wanting to dissolve their marriages as quickly as possible. Unfortunately, the California Legislature has placed a six-month "cooling-down" requirement for all divorces. The state recognizes that some couples will reconcile after being initially served with divorce papers.

However, if both sides are in total agreement with regards to the divorce and meet certain criteria, they may be able to file a summary dissolution. The following are some of the more notable requirements of the summary dissolution:

California recognizes August as child support awareness month

On Aug. 1, Governor Edmund G. Brown Jr. officially recognized August as child support awareness month in California. As part of the initiative Governor Brown took the opportunity to remind parents of the importance of remaining involved in the lives of their children.

According to a 2013 U.S. Census Bureau study, almost two-thirds of noncustodial parents are not actively engaged with their children. In fact, the study found that parents without custody maintained little and sometimes even no contact with their children.

California child custody law regarding international abduction

Divorcing couples with children are sometimes unable to reach a consensus regarding child custody and visitation rights. Generally, when that happens, the court will order both parents to attend a meeting with Child Custody Recommending Counseling Services. This agency is located near the Hayward Courthouse in Alameda County. The services are offered at no cost to either parent and are designed to provide the court with a neutral, third-party assessment as to which parent should receive primary custody, visitation rights and other related issues. The court will then consider these recommendations when formulating child custody determinations.

Unfortunately, some parents decide that they are unhappy with the court-ordered child custody arrangements and flee with the child to another country. California shares its southern border with Mexico, and Canada is only two states away to the north. What can a parent do if the child's other parent has engaged in international abduction?

What is a Voluntary Declaration of Paternity?

If parents are married when a child is born California law assumes that the husband is the father and the wife is the mother. When a child is born and the parents are unmarried, the parentage of the child needs to be legally established. A Declaration of Paternity is one of the ways to do this. The Declaration of Paternity says who the legal parents of the child are. Hospitals are required to provide to any unwed mother and attempt to provide to the man identified by the mother as the biological father a voluntary Declaration of Paternity.

Former TV talk show co-host caught in complicated divorce

On July 14, reports surfaced that the former co-host of a popular daytime talk show is embroiled in a complicated divorce and legal action involving a child born with the aid of the surrogate. The former member of "The View," Sherri Shepherd, recently filed for divorce in New Jersey in response to a California filing for legal separation by her husband of three years.

Under California law the petition for legal separation filed by Shepherd's husband, Lamar Sally, will be converted into a divorce once his requirement for residency is fulfilled. According to his court filings, Sally is seeking to legally separate from Shepherd and he wants full legal and physical custody of a surrogate child which is scheduled to be born July 28. Sally also once told the court to invalidate a prenuptial agreement between the couple which would grant full custody of the child to Shepherd after its birth.

Involving your kids in child support debate

California parents who are divorced or estranged from their child’s other parent may be familiar with the difficulty of putting your child through legal proceedings related to child custody. However, financial and family experts say that exposing your kids to the legal process related to child support can add proverbial illness to injury for your kids. This is especially true for protracted legal battles that continue over child support for many years – involving your kids too much could have a deleterious effect on your relationship with them.

The woman in one case said that her ex-husband went tens of thousands of dollars into the arrears because he failed to pay a significant amount of child support. She could not support her youngsters effectively without that child support, so she was forced to take her ex to court on several occasions. The man was even threatened with jail time because of his non-compliance with court orders.

Can the police enforce the visitation schedule that my ex and I have been operating under if it is not a Court order?

No. There are many cases where separated parents have children and have established a visitation schedule for their child(ren) among themselves. This informal schedule may work for months and even years without any disagreement between the parents, however, the problem arises when the parents disagree about whose day it is or when one party withholds the child(ren) from the other parent. If the police are called there is no way for the schedule to be legally enforced. Therefore, when parents are able to reach an agreement without the need for court intervention, it is extremely beneficial to spend your resources to have an attorney prepare a Stipulation and Order (formal agreement) memorializing the agreement. A Stipulation and Order will become an enforceable court order once it signed by the Judge and filed with the Court.

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