The last thing you may feel like doing after going through a difficult marriage and a subsequent divorce is being supportive of your ex-spouse. However, if you have children together, that's precisely what you need to do if you want to convince a judge to give you custody.
Many parents don't realize that they can be arrested and charged with kidnapping their own child. However, the law in California is very clear: If you withhold a child from his or her lawful custodian or legal guardian, that's a crime -- even if you are the child's biological parent. This is usually referred to as a "parental abduction."
Unfortunately, not all divorces proceed smoothly. One of the most common areas of contention between parents is child custody. While California courts always urge parents to work out child custody arrangements and parenting plans themselves, sometimes litigation becomes the only option remaining.
You may not feel like agreeing with your ex about anything after a divorce. However, when it comes to child custody and parenting plans, it is easiest if you both agree on how things are going to be done. The children will behave better if they have the same rules everywhere.
The kids are heading back to school, and it's never been so clear how your children have grown up and changed over the years. For some, it's a transition between elementary and middle school, or between middle school and high school. For others, it's just a new year with new opportunities and experiences.
A child custody case has grown very complicated, and now the Yolo County DA has asked for an arrest warrant. On August 2, a hearing will be held to decide if that warrant will be granted or not.
So you and your spouse both want to claim your child as a dependent on your taxes, but you know that you're not allowed to claim him or her twice in California, seeing as how you're divorced. Typically, the parent who has custody is able to make the claim, while the other is not, but there are situations in which both parents have custody. The following rules may be used to break the tie.
Are you thinking about birdnesting after your divorce? This is an arrangement that means you and your spouse split up custody by moving in and out of the home, while your children stay there. For example, if custody changes every other week, rather than sending the kids to your spouse for a week and then getting them back, you'd just move into their house for a week, while your spouse lived elsewhere, and then swap with him or her at the end of the week.
In recent decades, there has been a bit of a shift away from always giving custody to mothers, as courts have decided that mothers and fathers should both be involved in the lives of their children. This has led to many joint custody cases where children move back and forth from one home to the next.
Are you worried that your spouse may take your child to a different state when you get divorced? Are you concerned that he or she may then ask the courts in that state to rule on custody of the child, potentially making it so that you lose the right to see that child?