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Bay Area Family Law Blog

What matters can you address in a parenting plan?

The co-parenting relationship is often a complex one, and if you count yourself among the many people across California who are coming to terms with new custody arrangements, you may be feeling the strain. You may, however, find that you can help make the relationship between you and your child’s other parent an easier, less contentious one if the two of you can sit down and hash out the details of a parenting plan.

Per Psychology Today, a parenting plan is a document that outlines the terms both parents agree to with regard to caring for the son or daughter they have together. While the areas addressed in a parenting plan can vary considerably based on, say, the age of the child or whether that child has special needs, many co-parents find it improves their co-parenting relationship when their plans address several distinct areas.

How children of divorce benefit from joint-custody arrangements

Seeing your child less frequently than you might like can prove difficult under any circumstances, but if you are seeing less of your child because of a new California joint-custody arrangement, it can be even more emotionally exhausting. At Family Law Group, LLP, we recognize that a joint-custody arrangement is not always everyone’s preference. However, we also understand that it may help you adjust to your new situation if you recognize how your new joint-custody arrangement can benefit your child.

According to Time, children whose parents share custody of them tend to fare better in a number of key areas than their peers who also have divorced parents, but who live with just one of those parents. To arrive at this determination, researchers reviewed nationwide data relating to nearly 150,000 children in either the sixth or ninth grades, looking at not only their familial and custody arrangements, but their overall physical and emotional well-being.

What is palimony?

If you have lived with someone in California for several years without benefit of marriage and your relationship now seems headed for a breakup, you need to know about California’s unique palimony law. FindLaw explains that this law allows some unmarried people to claim and receive spousal support from their long-time cohabitant when the relationship comes to an end.

Palimony came out of the high-profile case of Michelle Triola and the famous actor Lee Marvin back in the 1970s. After living together for numerous years, Triola and Marvin came to a parting of the ways in 1971, at which point Triola sued Marvin for half his property and de facto spousal support.

Understanding the impact of your divorce on your children

When you are preparing to divorce your spouse in California, one of your immediate concerns may be how this decision could impact your children and their subsequent ability to cope with a major change in the dynamic of their family. At Family Law Group, LLP, we have been able to provide support and assistance to families as they navigate through a divorce. 

One of the most important things you would benefit from remembering is that your children will undoubtedly experience a range of emotions that may include anger, anxiety and depression. Helping them identify their emotions and cope with them in ways that are healthy and productive will require time, patience and a listening ear. According to the AAP News & Journals Gateway, nearly 1 million American children witness their parents get divorced each year. In fact, according to statistics, your divorce is one of over 800,000 annually in the United States. As such, your children are not alone and your undivided support and love are imperative to helping them recognize that just because you and their other parent are getting divorced, your love remains unchanged. 

The effect of divorce on the educational opportunity of children

When a couple in California decide to follow through with getting divorced, they may initially think that their decision will only affect the two of them. However, divorce often has a ripple effect in the way it impacts the people closest to the divorcing couple. Children in particular face a unique set of challenges that result from their parents' decision to separate. 

One of the aspects of a person's life that is most significantly affected by divorce is undoubtedly finances. Because a couple must meticulously separate all shared financials and assets, it often leaves both of them with much less than they had before. Subsequently, statistics show that parents who get divorced often see a noticeable decrease in the income they are able to acquire. At least until enough time has passed that they are able to begin rebuilding their financial foundation. 

Handling a business lawsuit during divorce

As a business owner, you may have an array of challenges to deal with. For example, you could be dealing with seasonal challenges related to your business (such as hiring new staff members with summer approaching), but there may be other hurdles that have caught you completely off-guard. For example, your business may be in the middle of a lawsuit over one issue or another (such as a contract dispute, allegations of sexual harassment, etc.). Moreover, you may be going through issues in your personal life, such as ending your marriage, which could complicate things further.

It is imperative to prevent your divorce from having a negative impact on business litigation. By reviewing the divorce options that you have and doing everything you can to resolve problems with your former spouse and address divorce-related concerns such as a custody dispute and property division, you may be able to divert more of your attention to handling your business’ lawsuit. It can seem daunting to deal with both of these legal matters at the same time, but it is especially important to remain focused during this time and pursue a favorable outcome for your divorce and the lawsuit your business is facing.

Are you ready for your child’s school year after divorce?

Navigating your child’s school year after divorce in California can be tricky. Luckily, there are a few ways to make this transition easier. Forbes offers key insights to maintain a smooth school year in an environment of two households.

One suggestion is to actively involve your child in the planning. Ask your child to assess his or her goals for the year. Encourage your child to share the goals with both parents so everyone is on the same page. If your child is old enough, you may want to include him or her in the financial aspects of extra activities, such as tracking the expenses or helping pay for them as an opportunity to teach responsibility. When it comes to homework, you will not be able to control what happens in the other home, but you can help your child find a strategy that works for him or her and can be implemented regardless of where he or she is staying.

When does domestic violence affect custody in California?

If you have a domestic violence charge or conviction under your belt, you may wonder how said charge or conviction will affect your California custody case. Does the charge or conviction mean you will receive less custody of your child? Unfortunately, according to The Judicial Branch of California, the answer is likely yes.

According to the California Courts, a family judge must first decide if domestic violence is an issue with your case. If it is, the judge must abide by special rules when deciding the custody of your child. There are two instances in which a judge might treat your case as a domestic violence case. The first is if, in the last five years, a court convicted you of domestic violence against the other parent. The second is if, in the last five years, any court decided that you committed domestic violence against the other parent or a child.  

Approaching divorce as a new parent

Welcoming a child into the world can be joyous, with many parents optimistic about their child’s future and what lies ahead. However, it can also be a time of uncertainty, especially when someone is in the middle of a relationship that is falling apart. For example, someone may be living apart from their spouse at the time of their child’s birth, or their marriage may fall apart shortly after their child is born. If you are a new parent, it is especially vital to approach your divorce from the appropriate angle and take relevant family law issues (such as custody and child support) into careful consideration.’

Whether you are a mother or a father, you may have a lot of questions and uncertainty as well as anxiety during this time. It is crucial to stay focused and committed to protecting your child’s future as well as your own best interests, and you should be prepared for some of the hurdles that could lie ahead.

Are you ready for divorce?

Whether you have been married for five years or 15, you have three kids no kids, or you own significant assets or no assets as a couple, the decision to divorce is never a light one to make. Before you and your spouse decide to legally end your union, you should decide if your marriage is salvageable or if divorce is the best option. Psychology Today details six signs your California marriage is truly over.

According to the report, the inability to resolve differences without causing harm to the relationship causes couples to avoid conflict and disagreement altogether. Avoiding conflict does not make a marriage stronger. Rather, it usually results in one party bullying the other into submission, which further results in increased distance, loss of respect and gradual withdrawal from the relationship. If you and your spouse have reached this point, your marriage may be near its end.

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