Our Blog

How To Get Full Custody Of A Child As A Father in California

The subject of child custody is often a pivotal and deeply emotional point of contention in family law cases. As a father in California, you may wonder if current laws and policies place you at a disadvantage if you want to secure full custody of your child. At Holstrom, Block & Parke, APLC, we understand the nuances of this process and the steps that can be most effective in reaching your custody goals.

Understanding Custody Basics in California

Custody matters in California are divided into two main categories: legal custody and physical custody. Legal custody refers to the authority to make significant decisions regarding the child's welfare, education, and health, while physical custody pertains to where the child resides. As fathers aim for full custody, it's crucial to grasp that the court's paramount concern is the child's best interests, not the gender of the parent.

Building a Strong Case for Full Custody

To sway the court in favor of granting full custody, fathers must present a compelling case that showcases their ability to serve as the primary and most suitable caregiver for their child. This involves demonstrating that you can provide a stable environment, emotional support, involvement in the child’s daily life, and the ability to meet the child's needs. Documenting your involvement in school activities, medical appointments, and extracurricular events can significantly bolster your position.

Highlighting the Child's Best Interests

The cornerstone of any custody decision in California is the child's best interests. Fathers seeking full custody should focus on how such an arrangement benefits the child, prioritizing the child’s overall well-being above all else. When presenting your case, it's essential to demonstrate how full custody by the father will positively impact the child's life. Consider the following aspects:

  • Providing a More Stable Home Environment: Stability is key in a child's life. Illustrate your ability to provide a consistent routine, a safe living situation, and emotional stability. This can include showing how your home is conducive to the child's needs, your work schedule allows for ample parenting time, and that you have made a commitment to maintaining a structured environment.
  • Better Educational Opportunities: If living with you offers access to superior schools or educational resources, highlight this fact. Discuss the quality of the local school district, the availability of special education programs if needed, or how the child's current academic needs are being met under your care.
  • Stronger Emotional Support System: A nurturing environment is critical for a child's development. Emphasize your role in providing emotional support, understanding, and guidance. This includes your involvement in their extracurricular activities, your understanding of their emotional needs, and how you communicate effectively with them.
  • Health and Safety Considerations: Demonstrate your commitment to the child's physical well-being. This can involve showing that your home is in a safe neighborhood, detailing how you plan to address any medical needs the child has, and ensuring that their daily nutritional and physical activity needs are met.
  • Supporting the Child-Parent Relationship with the Other Parent: It's vital to show the court that you encourage a healthy relationship between your child and their other parent. Explain how you plan to facilitate regular communication and visits, your willingness to cooperate on parenting matters, and any steps you've taken to promote a positive relationship between them.

When discussing the child's best interests, it's beneficial to include:

  • Personal Testimonies: Share specific examples and stories that illustrate your close relationship with your child, your understanding of their needs, and how you've previously navigated challenges for their benefit.
  • Professional Evaluations: If applicable, include insights from teachers, child psychologists, or family counselors who can attest to your child's needs and how they're best met in your care.
  • A Forward-Looking Plan: Present a clear, detailed plan for your child's future under your custody, covering education, healthcare, extracurricular activities, and emotional support.

Navigating Challenges and Misconceptions

Many fathers are under the misconception that courts automatically favor mothers in custody battles. However, California law is clear in its gender-neutral stance on custody decisions. The key for fathers is to actively challenge common misconceptions by proving their indispensable role in their child's life. Showing a willingness to facilitate a positive relationship between the child and their other parent can also play a critical role in the court’s decision.

The Right Legal Guidance for Fathers Seeking Full Custody

Securing full custody is a complex legal process because you may need to overcome a presumption the child’s best interests would be served by shared custody. A knowledgeable family law attorney can help you understand your rights and demonstrate why you should receive full custody

If you aim to secure your child's best possible future, our team at Holstrom, Block & Parke, APLC is ready to support you every step of the way. Reach out to us at 855-426-9111 or online to schedule a consultation. Together, we can work towards achieving the outcome that best serves your and your child's interests.

Child Custody

Overcoming Divorce Challenges for Stay-at-Home Moms in California

While going through a divorce is challenging for everyone, it can be particularly daunting for stay-at-home moms who have dedicated years to managing the household and caring for the children. The road to financial independence is not always clear, and the process of becoming self-supporting can seem overwhelming.

At Holstrom, Block & Parke, APLC, we understand your unique concerns and questions during this difficult time. With over 300 years of collective experience, we know the most successful strategies to secure the futures of spouses who have focused on the home during their marriage. We are ready to help you successfully navigate the transition to a new future during and after a divorce.

Understanding Your Financial Rights

First and foremost, it’s important to get a clear picture of your financial situation. In California, marital assets and debts are divided equally in divorce since ours is a community property state. For stay-at-home moms, this means you have a right to a fair share of all assets accumulated during the marriage, including property, investments, and savings, regardless of who earned the income that paid for the asset or whose name is on the title. It’s crucial to inventory these assets early in the divorce process to ensure that you receive what you should.

Factors That Affect Spousal Support

Spousal support, or alimony, is a pivotal consideration for stay-at-home moms going through the divorce process. When determining spousal support, several critical factors come into play, each contributing to the final decision:

  • Length of the Marriage: Typically, the duration of the marriage significantly influences the length and amount of spousal support awarded. Longer marriages may result in longer support periods.
  • Age and Health: Your age and health condition are crucial considerations. These factors can affect your ability to gain employment and support yourself, influencing the support terms.
  • Earning Potential: The court will examine both your earning potential and that of your spouse. If there's a significant disparity, spousal support can help bridge the gap, especially if you've been out of the workforce for a considerable time.
  • Contribution to the Spouse’s Career: If you've supported your spouse's education or career advancement during the marriage, this should be factored into the support calculations.
  • Custodial Responsibilities: Having primary custody of the children can affect your capacity to work full-time, which might increase the amount or duration of spousal support.
  • Marital Standard of Living: The lifestyle you and your spouse maintained during the marriage sets a benchmark for post-divorce expectations, guiding the determination of support needed to approximate that standard.

Legal Advice and Advocacy to Protect Your Interests

To ensure that property is classified and allocated correctly and that you receive an award of spousal support that is appropriate in light of your situation, it is vital to work with an attorney with the knowledge and skill to advocate the fine points of these issues. Your attorney should be prepared to:

  • Provide a comprehensive evaluation of your case, considering all factors that influence spousal support and investigating to locate and classify marital property
  • Negotiate effectively with the opposing party to reach an equitable property division and support agreement
  • Represent your interests in court, if negotiations do not result in a satisfactory agreement
  • Advise you regarding post-judgment modifications to spousal support, should your circumstances change significantly in the future

For stay-at-home moms, securing spousal support is not just about immediate financial stability, it's about ensuring a foundation for rebuilding and thriving in the next chapter of life. With the right legal support, you can achieve a spousal support order that reflects your contributions to the marriage and safeguards your future.

Child Custody and Support Considerations

For many stay-at-home moms, the lives of their children are the top priority. In California, child custody decisions are made based on the best interests of the child, with an emphasis on promoting health, safety, and welfare. As a primary caregiver, this positions you strongly in custody discussions.

Child support obligations are calculated based on income and the amount of time each parent spends with the children, ensuring that a parent with fewer resources receives consistent financial support.

Re-entering the Workforce

Re-entering the workforce after a divorce can seem overwhelming, especially after years out of the job market. It's essential to start planning for this transition early. Consider updating your skills through online courses or community college programs. Networking and seeking career counseling can also open up new opportunities. Remember, in most cases, the goal of spousal support is to assist the recipient in becoming self-sufficient, so taking proactive steps towards employment is key.

Protecting Your Emotional Well-being

Divorce can take a toll on your emotional health, especially for stay-at-home moms who may feel particularly vulnerable during this time. It’s wise to seek support from a professional therapist. Joining a support group for divorced individuals can also provide comfort and advice from those who have been through similar experiences.

Planning for the Future

Looking ahead, it’s vital to plan for your long-term future. This includes understanding your budget post-divorce, saving for retirement, and ensuring you have health insurance coverage. Creating a new financial plan with these elements in mind will help secure your financial independence and well-being.

Contact Holstrom, Block & Parke, APLC

Divorce can seem like a tough mountain to climb for stay-at-home moms facing uncertain futures. Remember, you’re not alone. At Holstrom, Block & Parke, APLC, we’re committed to supporting you through every step of this process. If you’re contemplating divorce in California, call us today at 855-426-9111 or online to schedule a confidential consultation. Together, we’ll work to protect your rights and lay the foundation for a brighter future.

News

How the Court Divides Assets in a California Divorce

Since California is a community property state, many people assume they know how property will be divided in divorce. However, there are many more factors that play into the process than most people realize.

To protect your interests, it is important to understand your rights when it comes to separate and community property. While you and your spouse are free to develop your own plans for dividing assets and debts, it is helpful to know what the court would do and use that as a starting point for negotiations.

First Things First:  Addressing Property Classification

Before considering how property will be divided in a California divorce, it is essential to understand how property will be classified. Property treated as separate property will not be subject to division at all. The spouse who owns assets as their separate property gets to walk away with those assets free and clear. Property classified as marital or community property, on the other hand, will be divided during the divorce process.

It is in your best interests to locate evidence demonstrating why certain property should be considered solely yours as separate property. Your attorney can help you gather evidence, which may require the assistance of a forensic accountant or other professionals.

What is Separate Property in California?

In general, property that individuals own before they get married is their separate property. Additionally, property that a spouse acquires as a gift (from someone other than their spouse) or through an inheritance or bequest is also considered separate property. So if you want to prove that certain property should not be divided in divorce, it is helpful to look for records proving you owned it before the wedding or that it was given to you individually as a gift or inheritance.

Unfortunately, even that evidence may not be enough to allow you to keep that property without dividing it. That’s because separate property can transform into marital community property during the marriage. If you don’t take specific steps to keep your property separate, then at least some of the value of that property could belong to your spouse.

You can keep property separate by various means such as:

  • Executing a pre- or postnuptial agreement specifying that the property will be kept as your separate property
  • Keeping separate funds in an individual bank account and not using funds for any marital purposes
  • If the property requires upkeep, such as a vehicle or home, avoid using marital funds to pay for maintenance, taxes, insurance, or other expenses

Your attorney can help you develop a plan to maintain the separate nature of your individual property during the marriage. If you don’t take steps to keep the property separate, then a court could determine that any increase in value, at least, is marital community property. If your spouse contributed to the property in some way or if marital funds were mingled with separate funds, you may have to work very hard to separate your share. Without the right arguments and evidence, a court might simply conclude that all of an account or item of property should be treated as marital property.

Marital Property is Divided Evenly in Divorce in California

Anything acquired during the marriage—and any separate property that has transformed into marital property—is considered community property that must be divided between spouses in divorce. In California, marital property is divided equally in a 50/50 split. This includes property such as retirement benefits earned by one spouse.

Marital debts are also divided equally unless you have a written agreement specifying otherwise.

In many cases, you do not actually divide every single asset in half. You can assess the value of all assets and develop a plan to ensure that each spouse receives assets worth an equal value.

All asset division plans can become complicated, particularly when there are assets that may be difficult to value objectively. It is important to work with an attorney who understands the complexities of asset division. If assets include a business, unique real estate, executive compensation, or other intricate property interests, you may want to bring in valuation experts or other specialists to ensure that your interests are fully protected.

Holstrom, Block & Parke, APLC Helps You Obtain Advantageous Results in Property Division

As a team of Certified Family Law Specialists and associates, the attorneys at Holstrom, Block & Parke, APLC have years of experience working to ensure that clients receive the right allocation of property and debts in their divorce. In fact, we have over 300 years of collective experience to put to work on your behalf. We invite you to schedule a confidential consultation to learn more about the ways we can help you achieve your goals in divorce.

Divorce

How a Mother Can Get Full Custody of a Child in California

The law used to presume that mothers were the best natural custodians and caregivers of their children, and many times a mother could gain full custody of a child without expending any particular effort. That presumption is long gone from the laws and the court system, and parents who believe otherwise are often in for a surprise when they discuss custody with their attorney.

Mothers can still gain full custody of their children, but they have to work much harder to prove that this arrangement is in the children’s best interests. It is a good idea to work with a knowledgeable attorney and follow that attorney’s advice about what to do—and what to avoid—to gain full custody.

Joint Custody is Usually a Court’s First Choice

In most cases, there is now a presumption that a child benefits by having both parents involved in the child’s life. That belief is so strong that courts generally prefer to award custody jointly to both parents. This includes both legal custody, which involves the right to make decisions about a child’s education, health care, religious upbringing and other issues, as well as physical custody, which involves the child’s living arrangements. While it may not be possible for a child to spend an exactly equal amount of time with each parent, courts usually want to try to create an arrangement allowing both parents to share custody in some way.

To overcome this preference, a mother seeking full custody must be prepared to submit substantial evidence to show why a child would suffer harm rather than benefit by being in the custody of the father. It may be easier to obtain full physical custody than full legal custody. A mother seeking full custody should consider carefully the different responsibilities of each type of custody and consider whether she would accept an arrangement that provides full physical custody and shared legal custody. Even if a mother gains full physical and legal custody, the other parent may still have visitation rights.

Showing That the Other Parent is Not Fit

For one parent to obtain sole legal and physical custody, they must convince the court that the other parent is not able to provide the appropriate care for the child. Courts are generally more likely to award sole custody to a mother when there is evidence that the other parent:

  • Has committed domestic violence or has a history of child abuse or neglect
  • Is legally unfit to parent a child
  • Has falsely accused the mother of child abuse or neglect
  • Cannot provide a home that protects the child’s physical or emotional safety

Proving accusations of this type can be difficult and painful, so it is important to be prepared and to take steps to protect the child from exposure to excessive arguments and animosity. If a mother can demonstrate that the other parent has substance abuse issues, that can make it easier to persuade the court that the other parent is not fit to have custody, but that is no guarantee. An experienced attorney can help prepare effective arguments to show a court why denying custody to the other parent serves the child’s best interests.

When a Child Only Has One Legal and Biological Parent

In situations where a mother is not married at the time her child is born and no one has taken steps to establish legal paternity, then the mother automatically has full custody.  If the mother lived with a partner who acted as parent to the child but who did not adopt the child and who does not have a biological relationship with the child, that partner has no right to custody or even visitation.

However, if the partner was a registered domestic partner when the child was conceived or born, or if the birth mother filed a declaration establishing legal parentage, then the partner has some parental rights. Parentage can also be established by court order. While legal parentage does not automatically give a parent the right to custody or visitation, it does establish child support obligations.

Work with an Attorney Prepared to Advocate for Your Custody Goals

Custody is a complex issue full of nuances that can sway a court in one direction or another. The dedicated team at Holstrom, Block & Parke, APLC has over 300 years of combined experience advocating on behalf of parents to help them prove why their preferred custody arrangements serve the best interests of their children.

For a confidential consultation to learn more about how to gain sole custody or fight another parent’s attempt to deny you custody, we invite you to schedule a consultation with our Certified Family Law Specialists and associates today.

Child Custody

Is California a Community Property State?

In the process of considering divorce, many people get concerned about whether California is a community property state, and what that will mean for them. While California is indeed one of only nine community property states in the U.S., the difference between the rules in our state and those of other states is not nearly as drastic as many people suppose.

To understand why, we need to explore California’s community property rules, how they are applied, and how this compares to property division schemes in other jurisdictions.

What is Community Property?

Community property is the term used to describe assets that belong to both spouses in a marriage. It is sometimes referred to as marital property.

The opposite of community property is separate property. When property is classified as separate, it belongs entirely to one spouse.

Community property is divided between spouses in divorce while separate property is kept by the spouse to whom it belongs and it is not subject to division. Therefore, the process of determining whether property should be legally classified as marital or separate is vitally important.

Just to make matters confusing, some property can be classified as a hybrid mix of separate property and community property, so that part of the value of that property would be divided in divorce and some of the value would be retained by only one spouse.

Marital Agreements Override California Laws

Since community property is split in divorce and separate property is not, fierce disagreements often arise about how assets should be classified. If the couple executed a prenuptial agreement before they got married or created a postnuptial agreement during the marriage, that agreement probably addresses the issue, at least with regard to some assets.

For instance, if one spouse owned a business before the marriage, they might establish an agreement specifying that the business would remain the separate property of that spouse even if the other spouse assisted in operating the business. Or if one spouse expected to inherit the family beach house, the agreement might state that the house would belong to that spouse only as their separate property even if the couple invested marital funds in making upgrades to property.

If the marital agreement was executed in compliance with the requirements of California law, then the terms of that agreement override the provisions in California community property laws. Couples can control their own future through the use of marital agreements, which is why these agreements are becoming increasingly popular.

When is Property Considered Separate?

As a general rule, assets are considered to be separate property if:

  • One spouse owned the property before the start of the marriage
  • One spouse received the property as an inheritance
  • One spouse received the property as a gift (from someone other than their spouse)

Everything else is community property. That includes salary earned by a spouse during the marriage, as well as retirement benefits they accrued. It does not matter whether one spouse purchased an asset on their own or only put their name on the title. If it was acquired during the marriage (other than by gift or inheritance) the property is community property.

Moreover, property that starts out as one spouse’s separate property can transform into community property either fully or partially unless that spouse takes careful steps to preserve the separate status. In the example above, for instance, if a spouse inherited a vacation home, that inheritance would initially be considered separate property, but if marital funds were invested to improve it, at least part of the value of the home would likely be considered community property. The spouse who inherited it might preserve the separate characterization by executing a postnuptial agreement or scrupulously avoiding the use of marital funds on the upkeep of the house.

How is Community Property Divided in a California Divorce?

Property that has been classified as marital community property is divided equally in divorce in California. In many other states, marital property may be divided according to equitable principles instead of a 50/50 split. However, they usually start with the assumption of an equal split and then adjust the division to account for other factors in the marriage. Some community property jurisdictions follow this practice as well.

Most states follow the same general rules for classifying property as marital or separate. The end result is that property division in a community property state may not be much different than in other states. Regardless of where you are, it is important to work with a divorce attorney who is prepared to produce persuasive arguments regarding how property should be classified.

If a couple has not been married long or if they executed a marital agreement keeping certain property separate, then they may not need to divide up much marital property. Couples married for a longer time may have considerable community property and face very complex asset division situations.

Holstrom, Block & Parke, APLC Protects Your Property Interests in Divorce

The experienced team at Holstrom, Block & Parke, APLC understands how to demonstrate that particular assets should be classified in the way that best supports your interests in divorce. Our team of Certified Family Law Specialists is ready to help you secure your rightful share of property in divorce. Schedule a free, confidential consultation to learn more about the ways we can protect your interests.

Uncategorized

Right of First Refusal in Custody Orders

A right of first refusal is common in contracts, but not as well known when it comes to child custody in California. When a right of first refusal is included in a custody order, it creates obligations when a parent is unable to care for a child and would typically contact a babysitter.

Instead of asking a neighbor, relative, or sitter to care for the child, the parent needing assistance is required to contact the other parent and give them the opportunity to watch the child before they ask anyone else. Some people refer to this provision as a “first right to care for a child” instead of first right of refusal.

A right of first refusal can be helpful in some custody situations and problematic in others. It is a good idea to discuss the potential need for a right of first refusal with your custody attorney. Here are some factors to keep in mind.

First Right of Refusal Can Be Structured in Different Ways

Parents can establish a structure that gives parents a first right of refusal in a great number of instances or only in specific situations. For instance, they might establish an order that requires the custodial parent to give the other parent to watch the child if the custodial parent will be away from the child for a certain number of hours or overnight. Or the order might specify that before the parent can enroll the child in daycare, that parent must give the other parent the first opportunity to provide care for the child.

Parents can agree to include right of first refusal provisions in their custody stipulation that then becomes part of the court order. Or if one parent wants a right of first refusal and the other does not, then the parent seeking the order will need to convince a judge that the right of first refusal would serve the child’s interests.

Of course, parents who cooperate together can establish their own understanding where they agree to call each other first in certain situations. This type of arrangement does not have the force of a court order, but it often results in less stress and friction for the child.

When a Right of First Refusal May Be a Good Idea

There are instances when a parent requests parenting time that they are simply not prepared to provide. For instance, a parent might request a 50/50 custody schedule to keep child support obligations low or just to prevent the other parent from having a greater share of time with the child. If that parent has a work schedule that prevents them from actually being with the child 50% of the time, the child may be placed with a babysitter for considerable periods. In that type of situation, a right of first refusal can allow the child to spend more time with a parent instead of being passed off to babysitters.

Generally, a right of first refusal is most helpful when it is only triggered by an overnight stay. For instance, parents might agree to give each other the first right to provide care if the child needs overnight care for more than two nights. Or the agreement might specify that if the custodial parent must be away for one night or more and the grandparents are unable to care for the child, then the custodial parent must give the other parent the right to provide care.

Problems with a Right of First Refusal in Custody Situations

When parents insist on strict adherence to the right of first refusal rules, the situation can become complicated and stressful. For example, if a parent’s car breaks down when they are supposed to pick up the child from school, instead of asking a neighbor or friend to pick up the child, they may be required to attempt to contact the other parent instead, and by the time they reach the other parent, there may be no one else available to assist the child if the other parent is not able to leave work and get the child.

Or if a parent exercises their right of first refusal to take the child for a night, then the other parent might demand that the parent give up a future night to keep parenting time even.

An Experienced Attorney Can Help You Establish the Right Custody Arrangements for Your Family

Before making a decision about whether you want to include a first right of refusal in your custody order, it is helpful to discuss the details of your situation with your attorney. At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates have extensive experience with first right of refusal clauses in custody arrangements, so we can describe the situations where these clauses have proven helpful and situations where they cause more problems than they solve.

We invite you to schedule a free consultation to learn more about the ways we can help with divorce, custody, and other family law matters. Just call 855-426-9111 or contact us online to get started.

Child Custody

What Happens if Alimony is Not Paid?

Alimony—known as spousal support under California law—is a sensitive subject. Former spouses ordered to pay alimony often resent the depletion of the income they work so hard to earn. Those awarded alimony can feel unfairly pressured to make tremendous changes in a short period of time. And on top of everything else, they often have to fight to get a former spouse to honor the legal obligation to pay support.

So what happens to you if you fail to pay alimony? What options do you have if you’re supposed to receive alimony but payments are late or never made at all? It is not a unique situation, so the law provides numerous ways to address the problem. Whether you are owed missing support or facing consequences for failure to pay support, an experienced attorney can help protect your rights and help you resolve the matter quickly and effectively.

Spousal Support is a Court-Ordered Obligation

Both the person expected to pay alimony and the person who anticipates receiving support need to understand that even if they developed their own agreement about alimony, once that agreement has been incorporated in the divorce settlement, alimony becomes a court-ordered obligation. That means refusing to pay can lead to more consequences than failing to make payments owed under a contract.

That also gives the intended recipient more options for enforcement than they would have if they were enforcing a contractual obligation. However, often it will be necessary to apply to the court to seek remedies, and this can be a complicated process.

When spousal support is unpaid, interest accrues at a rate of 10%. So the debt for unpaid alimony can mount quickly unless steps are taken to reduce legal obligations.

The Logistics of Alimony

When the spouse who is obligated to pay alimony has a traditional job with a regular employer, the court will often include an earnings assignment order which tells an employer to deduct support payments from the employee’s pay automatically. This is often called wage garnishment.

If an earnings assignment is in place and payments are missing, it might be necessary to check with the employer to see if there has been an administrative mistake. If you receive child support as well as alimony, the employer will send money to the California State Disbursement Unit who is then supposed to send it to you. It may be helpful to follow up with the agency to ensure they have the correct information for you.

A former spouse can agree to accept payments directly instead of through wage garnishment. It is often a good idea to request earnings assignment from the court regardless but to ask the court to stay the assignment, effectively putting it on hold. Then, if the spouse stops paying, it is then very easy to ask the court to end the stay so the assignment order will be sent to the employer.

If there is no earnings assignment, it may be possible to request one if the spouse has a regular employer. When a paying spouse is behind on payments, the receiving spouse can ask the court to adjust the earnings assignment to include past due amounts along with interest.

Options for Enforcement of Alimony Obligations

When alimony payments aren’t fulfilled through wage garnishment/earnings assignment, then a spouse who is supposed to be receiving payments can ask the court to enforce the obligations in other ways. This might include:

  • Intercepting tax refunds
  • Using a bank levy to remove funds from the supporting spouse’s bank account
  • Holding a spouse in contempt of court, which can lead to jail time

However, it is often more effective to start with negotiations through an attorney. Knowing that you have the power to take serious legal action can often be persuasive for a spouse who has been withholding payments out of pride or reluctance. If the payments aren’t being made because your former spouse lost their job and has no money, then putting them in jail for contempt will not help you gain support payments. Instead, you might negotiate an extended schedule for repayment. If you plan to make changes in the alimony obligations going forward, it is important to obtain court approval of the change because the original order will remain legally binding until it expires or is replaced by a new order.

Get Experienced Assistance with Alimony in California

When there is a problem with alimony, it is best to address the issue as soon as possible. The longer obligations go unmet, the more difficult it will be to make up the missed payments, and this can be a problem for both the paying spouse and the intended recipient.

The dedicated team at Holstrom, Block & Parke APLC has over 300 years of combined experience helping clients overcome challenges during and after divorce. Contact us for a confidential discussion of the ways we can work to resolve your difficulties with alimony.

Alimony

Parental Rights in California Divorce and Custody Cases

When it comes to divorces in California, understanding your rights as a parent can be crucial for the well-being of your children. Whether you’re a natural parent, adoptive parent, or stepparent, it’s important to know what California law says about your role and responsibilities so you can be prepared to protect your rights.

Assistance from an experienced attorney can prove tremendously valuable when you are trying to understand and protect your rights, and the team at Holstrom, Block & Parke APLC offers more than 300 years of combined experience to help you reach your goals in divorce and custody cases. While every situation is different, we can explore some key considerations that apply generally in California.

Your Right to Fair Custody Determinations

In the Golden State, when parents decide to part ways, the court places a paramount focus on what will serve the best interests of the child or children involved. This foundational principle ensures that the playing field is level when it comes to pursuing custody.

The child’s best interests guide determinations of both physical and legal custody. Physical custody refers to where the child lives while legal custody involves the right to make decisions about the child’s health, education, and welfare.

The court's evaluation process is comprehensive, taking into account a range of critical factors including:

  1. The Child's Age: The developmental needs of a toddler differ vastly from those of a teenager. The court considers the child’s age to ensure the most stable environment possible.
  2. Child's Health: If there are specific health concerns or needs, the court evaluates which parent is better equipped to handle those requirements.
  3. Emotional Bonds: The emotional connection between the child and each parent plays a vital role. Strong bonds can indicate which home might be more emotionally nurturing.
  4. Parental Capabilities: It's not just about wanting to be there; it's about the capacity to provide. This includes emotional, physical, and financial stability.
  5. The Child’s Established Routine: Disruptions can be hard on children. The court looks at the child's connections to school, extracurricular activities, community, and even friendships.

In addition, if the child is at least 14-years-old, the court may consider the child’s preferences when it comes to custody determinations.

The Importance of Being Actively Involved

You've likely heard that "actions speak louder than words," and in the realm of custody battles, this adage rings especially true. In California, the courts place significant emphasis on a parent's active involvement in a child’s life. Consistent involvement isn't just about showing up for the big moments, but also the everyday routines, from bedtime stories to homework assistance, from attending parent-teacher conferences to being there for soccer practices. It’s these moments that paint a picture of commitment.

This consideration transcends gender stereotypes. In the eyes of the court, both mothers and fathers stand on equal ground. Securing primary or joint custody requires demonstration of dedication, consistency, and the capacity to cater to your child's holistic needs. We can help prepare evidence to prove your unwavering commitment and this can significantly influence the court’s decision in your favor.

California’s Preference for Joint Custody

While each case is unique, California tends to lean towards joint custody arrangements whenever possible. This allows children to benefit from the influence and care of both parents.

However, if there are issues such as domestic violence, substance abuse, or any other factors that might harm the child, the court will consider these seriously and might award sole custody to one parent.

Stepparents need to be aware that if they have not adopted a stepchild, they may have no rights to custody or visitation.

Mediation Can Be Your Friend

California courts often recommend mediation for parents who struggle to agree on custody arrangements. Mediation provides a neutral space to discuss and come to an agreement that’s in the best interest of the child as well as one that may fit parents’ needs better than an arbitrary arrangement issued by the court.

Our team at Holstrom, Block & Parke, APLC can provide insight and support throughout this process to help you achieve arrangements that work for your family.

Child Support

Both parents are obligated to support their child financially. The amount of child support is determined by California guidelines, considering factors like income, the amount of time the child spends with each parent, and other relevant factors.

A stepparent who has not adopted a child will not be obligated to provide child support after a divorce.

Stay Informed and Protected with Holstrom, Block & Parke, APLC

Understanding your parental rights in a divorce or custody case in California is vital for the best outcome for both you and your child. If you have concerns about your parental rights, don’t hesitate to reach out to us for guidance.

We can help negotiate arrangements that suit your needs as well as the needs of your family.  Call Holstrom, Block & Parke, APLC today at 855-426-9111 or visit our website at https://hbplaw.com/ to schedule your confidential consultation.

After Divorce

Professional Legal Help

Our attorneys are waiting to help you

Call Now (855) 827-6639

Our Locations

Corona
1897 California Ave., Ste. 102
Corona, CA 92881

Newport Beach
4940 Campus Dr., Ste. A
Newport Beach, CA 92660

Temecula Valley*
40810 County Center Drive, Ste. 150
Temecula, CA 92591

Riverside*
3780 12th Street
Riverside, CA 92501

Vista*
380 S. Melrose Dr., Ste. 347
Vista, CA 92083

San Diego
3111 Camino Del Rio N., Ste. 950
San Diego, CA 92108

Riverside — Sandoval Legacy Group
4300 Latham Street
Riverside, CA 92501

Los Angeles*
500 N. Brand Blvd., Suite 2000
Glendale, CA 91203

*We do not receive postal correspondence at this address. Please send any desired material to our Corona office for review and distribution.

Name(Required)
Consent(Required)

logo
FB
twitter
instagram
youtube
linkedin

© Holstrom, Block & Parke, A Professional Law Corporation. All Rights Reserved

Privacy Policy | Terms of Use

Practice Areas

Divorce
Child Custody
Child Support
High Asset Divorce
Family Law
Mediation & Collaborative Divorce
Domestic Violence
Estate Planning & Probate
Wills & Trusts
Appellate Law

Quick Links

Our Attorneys
Webinars
Blog
Reviews
Video Center
Careers
Contact

Our Locations

All Locations
Corona
Newport Beach
Temecula Valley
Riverside
San Diego
Vista

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.