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Encino Family Law Blog

How do I file for child custody in California?

It's never easy to end a marriage or even consider a separation, but no one has it harder than the children of that marriage. Domestic problems can upend children's routines and cause emotional trauma that can last a long time. Parents who are looking to secure their children's futures and ensure their privileges during a divorce or other custody dispute can use some basic information on California's child custody laws.

  • How do I get custody of my child in California?

There are different reasons to request child custody or visitation rights, but they are established by a court order. Getting an order from a court depends on the legal status of the relationship between parents or other guardians with rights in the case, as well as any other legal requirements like restraining orders or agency interventions.

  • What are the different ways to get the court order?

Four common financial mistakes to avoid during a divorce

The divorce process tends to bring out the worst in people. People sometimes become irrationally fixated on spiting their spouse or clinging to assets that may not benefit them. Also, people sometimes overindulge in comforting habits or pursue reinventing themselves without considering the consequences. Whatever reasons motivate it, people going through divorce tend to make several financial mistakes along the way. By examining some of the most common financial mistakes people make, you can set yourself up for success in avoiding them.

Not separating finances soon enough

California divorce shows how asset division can get nasty

When someone thinks of divorce, it is hard to avoid the images of love turned to animosity and emotional threats leading to contentious fights over the silverware or frequent-flyer miles. Much of this effect is lent to divorce by movies and television; however, because the actual processes of working out who gets what during and after separation does not have to be so difficult or dramatic.

A high-asset divorce playing out in Orange County is adding some more color to a sensational view of ending a marriage. A billionaire couple's separation involved conflicts over homes, valuable pieces of art, cars and pets. The anxiety did not end with the marriage last year, as both former spouses have accused each other of violating the terms of the decree. The drama even interfered with their charitable foundation, almost holding up vital year-end grants.

Parallel parenting: A viable solution in high-conflict divorce?

Most divorce courts favor joint custody arrangements. A child's continued engagement with both parents has been proven to be most beneficial in the majority of child custody cases.

However, if conditions suggest there is no chance of cooperation between the two parents, parallel parenting might be an option.

Airman continues to serve as a single mother after divorce

A parent serving in the military manages at least two important responsibilities. Children have many formative and emotional needs that only a primary caretaker can provide, and every branch of the U.S. Armed Forces demands the best of their officers and enlisted personnel. These twin honors can be nearly too much for many service members who have a civilian spouse or no spouse at all.

One noncommissioned officer in the U.S. Air Force is setting an example for how to juggle the duties of parenthood and being an airman with her service at a military installation in Fairfield. She married an Air Force controller turned officer and worked many local jobs while earning a bachelor's degree and preparing to enlist herself. She found out she was pregnant during technical training.

Steps to take if a spouse is violent

When a spouse is violent, sometimes it is difficult to know what steps you can take to stop it. While moving out or getting a divorce may be your ultimate goals, sometimes it may be appropriate to start by taking smaller steps toward those goals. Two small steps to consider are creating a safety plan and filing a restraining order.

Preparing a safety plan

California is the most expensive state for divorces

Californians notice when they leave the state that prices can be higher than many other places. Higher taxes support the infrastructure of the Golden State, and many types of transported or imported goods have a premium as well. But one homegrown thing in California is the most expensive type in the country.

A report shows that California beats New York as the most expensive state in the union for divorce. Although the divorce rate has dropped from half to 46 percent in the last decade, it still affects many people and can even ruin some of them financially for years.

Businesses may be seen as marital property in a divorce

Couples get married with two expectations. The first is that they will be together forever. The second is that breaking up would be a very difficult process. Everything must get divided, from shared houses to the custody of children. One matter that may be especially contentious and complicated is sharing a business interest.

If you and your spouse own all or part of a business, it is treated the same as other assets or property. The same factors enter into a judge's decision in a divorce hearing or a lawyer's recommendation during a negotiation. A business interest may be ruled as separate, community or commingled property under California law.

Do I need to update my estate plan after divorce?

After the dust settles on your divorce, you may think your ex-spouse is out of your life forever. Unfortunately, you may be mistaken. The judge divided your IRA, but did you change the beneficiary designation on your life insurance policy? You changed the title to the house, but did you choose a new executor of your will?

5 reasons to update your estate plan after a divorce

How is child custody determined in California?

Divorce is difficult enough before the needs of children are addressed. Parents in California going through separation may ease their minds by sorting out their rights and responsibilities as much and as early as possible.

What are the types of child custody that matter in hearings?

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