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child custody and support Archives

Growing trend of joint custody

If California fathers obtained a divorce in the 20th century and sought to share child custody after their divorce, it is highly likely that they were disappointed. During that time, the family courts tended to side with mothers and would award them full child custody. However, during the last 30 years, there has been a significant change in how family courts are handling child custody: They have been increasingly pushing for mutual agreements that favor shared custody.

Best practices for communicating and coparenting after divorce

Coparenting is a difficult but necessary endeavor for most divorced parents in California. Unless abuse is an issue, it's usually accepted that it's in the child's best interests to see both parents. Parents should not interfere with this relationship. Furthermore, a child should feel comfortable talking about their time at the other parent's house.

Reducing the impact of divorce on children's college education

Preparing for college costs can be a daunting task for any parents in California. This process can be even more complicated for divorced parents. It's estimated that two-thirds of married couples have no financial plan in place in case of divorce or death of a spouse. Even though divorce can strain finances, there are some ways parents may be able reduce the impact of a split on their child's education.

Formulating parenting plans with child development in mind

When drafting parenting schedules, many divorced parents in California tend to focus too much on their own time instead of discussing the developmental needs of their children. However, effective co-parenting requires more than just cooperation. Experts say it should also take into account how children react to the separation as they grow up. An effective parenting plan establishes child custody and visitation provisions in accordance with research on developmental traits.

The basics of child support

Some divorced or single parents in California need extra financial assistance to help care for their children. These types of payments are referred to as child support. While they're usually paid by the noncustodial parent to the custodial parent, this may not always be the case. The specifics of child support will depend on the state where the recipient lives and the nature of the agreement involving the two parties.

Children often benefit from joint child custody schedules

For parents in California who are going through a divorce, the thought of losing time with and access to their children can be the most devastating aspect of the end of a marriage. While almost all people who divorce will have less time with their children after a divorce, joint custody is a growing standard endorsed by many courts as well as child psychologists and development experts. While in the past, some experts argued that infants and toddlers in particular needed to spend most of their time with their mothers and even argued against overnight time with their fathers, this view has long since been discredited.

Parenting after divorce with less conflict

Research has indicated that when children go through a divorce, what is most difficult for them is seeing conflict between their parents. If parents can minimize this strife, their children will usually adjust better to the situation. However, this is not possible for all parents. While there might be a co-parenting ideal that involves people communicating regularly and cooperating, if individuals cannot do this, there is another option. They might try an arrangement known as parallel parenting. With this method, parents share custody, or one person has custody, and the other individual has visitation rights. However, direct contact between the parents is avoided.

Proving a parent puts a child in danger can be difficult

During or after a divorce in California, a parent may be concerned about a child's safety with the other parent. A parent who has been the child's main caregiver may also be worried about the ability of the other parent to care for the child.

Regaining child custody

The loss of child custody can be a very difficult experience for parents. However, it is not a situation that has to last forever. Many parents are able to regain their child custody rights. California parents who have lost custody of their children should understand that getting it back is possible but difficult, and they should take the necessary steps to get the custody decision reversed.


The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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