Redwood City Family Law Blog

When a California co-parenting arrangement gets contentious, the parties involved might act with malice toward one another, seeking to deny visitation for any reason. In most cases though, visitation rights cannot be denied unless the child is being subjected to violence, abuse, or imminent danger. Among the most common illegitimate reasons a parent might try to deny the visitation rights of the other are bitterness or resentment toward the ex or a new partner, falling behind on support payments, refusal by the child or sickness of the child.

Bitterness toward an ex is no reason to deny the latter's rights to visitation with a child, but it can be the only leverage the embittered party has in some cases. Denying visitation for such petty reasons is illegal though, and may be actionable. Resentment of the ex's new significant other is similarly petty and illegal. In either case, the custodial parent who denies visitation may face fines, loss of custody or jail time.

When family law judges in California and around the country make child custody decisions, they tend to favor co-parenting arrangements. The results of several studies suggest that children are less likely to be traumatized by a divorce if they are able to spend time with both of their parents, but making co-parenting work can be extremely difficult when one of the parents is selfish, narcissistic or bitter.

The pitfall to avoid in these situations is being drawn into arguments that revisit the issues that led to the divorce in the first place. This can be difficult when resentment runs deep, and it can be extremely damaging to children when they expect raised voices and hot tempers at every custody exchange. The best way to avoid arguments is to anticipate them and plan exchanges carefully to ensure that any contact with a toxic former spouse will be brief. Remaining calm even when provoked avoids conflict and sets a good example for children.

Traditionally, mothers usually got sole custody of their kids after a divorce. However, over the past three decades, it has become more common for parents to share custody of their children. Generally speaking, most child custody cases in California and throughout the country start by assuming that joint custody rights are in the child's best interest. In some cases, a parent may be entitled to legal custody without being granted physical custody rights.

When a parent has legal custody, they have the right to make medical, religious and other important decisions for the son or daughter. If a parent has physical custody, it means that the minor will live with them. There are many reasons why fathers are now more likely to get custody of a child than in previous years. One of the key reasons is that society is more accepting of divorce as it becomes more common.

Couples tend to start building wealth early in their marriages. This could result in considerable assets when they are ready to retire. However, California couples who get divorced before they exhaust those investment funds may have to divide those assets when they separate.

It's important for both spouses to understand the investment products they own. In many relationships, one spouse handles most of the financial matters. This could put the other one at a disadvantage if the marriage ends. Whether a spouse actively manages the family investments or not, they should know the addresses and values of all real estate they own as well as the financial institutions and balances of all of the couple's retirement accounts. This is true for both joint and separate property.