San Diego Family Law Blog
When it comes to relationships, few are more important than the ones you have with your children. This often becomes apparent during divorce proceedings, and the court will strive to ensure a fair custody agreement between two parents. However, many things go into determining child custody and visitation, and any parent going through a divorce should be aware of these factors. If you and your child are currently struggling with visitation orders, you may find the following information to be helpful.
One of the most important factors regarding school changes involves custody. In general, if a parent has sole custody, he or she is responsible for making all choices regarding the child. Since the other parent does not have custody, he or she will not be allowed to make any decisions about the child’s schooling.
This is a fairly simple principle, but issues are more complex when parents or guardians share custody. When this occurs, other factors will naturally come into play.
Anytime parents are divided, children are put in the middle, regardless of the intentions of the parents. And when the division revolves around matters of child custody and religious beliefs, it is essential that the parties understand what the law does and does not allow. A top-tier San Diego area family law attorney at The Law Office of Thomas M. Huguenor can help you navigate these complex issues.
As a couple goes through a divorce, many issues begin to pop up that neither spouse had foreseen. One such issue is that of intangible assets.
To put it simply, an intangible asset is an asset that does not have a physical form. A few examples of intangible assets are as follows:
Due to the global nature of our modern world and America’s presence overseas, international marriages are becoming more and more common. This can present a problem if the couple has a child, they separate, and each chooses to live in a separate country. Most parents will decide who gets custody of a child based on what’s in the child’s best interests, but problems can arise if the parents disagree on that subject. The result of this disagreement can often result in protracted legal sparring and, in some cases, parental kidnapping and taking the child to a foreign land. When this happens, the parent left behind may feel helpless. Fortunately, that parent is not helpless in getting their child returned.
Alimony, also known as spousal support, involves payments to a former spouse, either as agreed upon following a divorce or as ordered by a court. Because alimony is legally enforceable, the payer must make timely payments or face sanctions. If your spousal support payments are unaffordable, you may be able to reduce them with the help of an attorney.
Divorce is a difficult situation if there are children involved. Knowing your rights and responsibilities concerning divorce law can help make the process easier for you and your loved ones.
Types of Child Custody in California
There are two types of child custody in California law, legal and physical custody. Physical custody is having the right to live with the children who are under your custody. Joint physical custody allows both parents, in separate households, to have the right to live with their children. A parent who has sole physical custody has the only right to live with his or her children.read more
So-called “gray divorce,” or divorce involving couples who are reaching or are in their retirement years, has increased in recent years. Couples are deciding to make a big change, often in the hopes of gaining more enjoyment from their remaining years of life. If you’re considering a “gray divorce,” here’s what you need to know:read more
People who leave abusive situations often do so under extreme stress and the very real threat of repercussions from their abuser, family members, or close friends. On top of these concerns, they may fear bringing their abuser to court, in case they’re required to testify. If you’re concerned about having to testify in a domestic violence case, contact an experienced family law attorney as soon as possible. Your lawyer can help you understand your rights in the case.
If you’re seeking a Domestic Violence Restraining Order (DVRO) in California, you may have to testify. However, you do not always have to appear in court, in person, to testify for a DVRO. Instead, your testimony can be included as part of the written documentation submitted to the court to establish your need for a DVRO.read more
Divorce is never an easy process. It involves a re-thinking of every aspect of your life, from how you save for retirement to what your children need to thrive.
Whether you’ve recently finalized a divorce or you’re still weighing your options, you can help set goals and stay optimistic by creating a list of resolutions to make after a divorce. Here are some popular options:read more