San Diego Family Law Blog
Decisions regarding child custody are made by the court based on what is considered to be in the best interests of the child. The income of each parent also plays a role in the court’s decision. While a parent with significant financial resources offers a child more opportunities, the financial status of the parent will have more of an impact on court decisions regarding child and spousal support than in decisions regarding child custody.
A couple may have established a business during the term of a marriage, complicating the financial issues in a divorce. This issue can be very challenging as the two partners are unable to continue as marriage partners – or business partners, and the business assets must be legally divided. If you own a business with your spouse and a divorce is pending, you have several options.
Before the global pandemic, divorce rates were declining in the U.S. The number of divorces per 1,000 marriages hit a 50-year low in 2019, as reported by the Institute for Family Studies. Both marriage and divorce rates declined nationally during the pandemic, when many plans were put on hold, according to a study published by the National Institutes of Health (NIH).
The landscape of the culture regarding marijuana is changing, along with how the public views marijuana and its users. Nevertheless, legal marijuana use could have an impact on a child custody case. In the criminal arena, after recreational use of cannabis became legal in California, many pending misdemeanor possession cases were dropped. In family court, however, it is a different matter, and marijuana use could still arise as an issue.
Your social media posts could impact the outcome of a child custody case. A parent who posts negative content about the other parent on social media may experience consequences that could be avoided. Your best approach is to avoid posting anything on social media, whether images, comments, or any other data until the custody matter is resolved. You can expect that your social media accounts will be reviewed by the other parent’s legal representation.read more
The mental health of both parents and children can play a role in a court decision regarding child custody. It is well-known that parents’ mental health has an impact on children, and that healthy development is linked to the care and support the parents provide. If a parent is dealing with a mental health condition, it is often more difficult to provide what children need.read more
Domestic violence charges can be filed in criminal court for physical attacks – and for certain types of threats. You have the right to be free from abuse and harassment. Abuse includes physically harming a domestic partner (such as a spouse, former spouse, relationship partner, current or former dating partner, people living together, or closely related) when the threats put the person in fear of imminent harm. Other types of abuse include stalking, threatening to harm, verbal abuse, or destroying property.
When one parent plans to relocate to another country, it poses a unique set of problems when establishing a parenting plan. The parent moving away can no longer spend time with the children regularly but must arrange some type of long-distance access.
Visitation, also known as time-share, is a plan by which parents share time with their children. Visitation terms are included in a divorce decree. Reasonable visitation orders are typically open-ended and allow parents to work out between them when the child will be with each parent. To make reasonable visitation work for everyone concerned, parents must always put the needs and interests of the child first.
A child custody case can weigh heavily on your shoulders as you work to maintain your relationship with your child, whether it is through a custody plan or visitation. Most parents simply want to continue being a part of their children’s lives after a divorce, but if the other parent is combative or dismissive of their interests, it can lead to a high-conflict custody battle. If you attempt to file a motion to gain custody or modify your agreement, then the other parent will likely request an evidentiary hearing. An evidentiary hearing may sound intimidating, but out attorneys at Mattis Law, A.P.C. can explain what you need to know about them and how to prepare for one.