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What Should be Included In Your Parenting Plan

Posted on: julio 27, 2019 by in Sin categorizar
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Divorce is never going to be easy and it gets complicated when kids are involved. You might be amicable with your ex but it will be challenging to agree on the details of the child custody rights. That is why it is important that you look for a good family law attorney in Anaheim so that your interests are well represented in a court of law. 

At the Law Offices of Paul J. Duron, we understand that you want what is best for your child without compromising on the legal situation. We help you in creating a parenting plan that will cover all aspects of the present and the future.

In order to prevent anything bad from happening with the plan, you need to be fully prepared. We’re going to highlight what a good parenting plan should cover so that you’re well aware when trying to get custody of your child.

Living Arrangement

This perhaps the most important part of the parenting plan. The child needs to be as comfortable as possible with the living environment. Will the child live with one parent or will have to be shifting between two homes because of the separation? When looking at this scenario, the geographical considerations will come into play. You will have to consider the movement of the child between homes and the effect it might have. A parent might decide to move away to another city. Both the parents will have to iron out who gets to stay with the child. In case of a disagreement, the court might have to be involved.

The parenting schedule could also have an effect on the living arrangement. One parent might not be readily available because of work commitments.

Vacations, Holidays, and Special Occasions

Arrangements for holidays and special days will have to be put into consideration when coming up with the parenting plan. Both parents have to be on the same page as this could get tricky because each one wants to spend time with the child. It will be better if such days are spent together as a family so that the child is not faced with the dilemma of having to make a decision.

No Bad Mouthing

This is something that often gets overlooked yet it should be talked about for the sake of the child. A marriage doesn’t always have to end when both parties are not in talking terms. Even if you’re not in talking terms with your ex, the children have the right to have a relationship with them. There should be a provision in the parental arrangement that gives the children exclusive rights to have the affection of both parents without being influenced. The parties have to make an agreement that neither of them will take an action that will estrange or discredit the parent in the eyes of the child.

Haircuts

One of the biggest challenges with child custody is that you will only be with your children for some time and not all the time even if you wish to do so. This means that you will sometimes miss some important milestones in their lives. This does not mean that your ex has all the rights of raising the children. There should be a clause in the parental agreement that limits one spouse from making all the major decisions on behalf of the child. This could affect things like a haircut for example. Neither the parent has the legal right of substantially altering the appearance of the child without a legal consent form the other party. The idea behind the arrangement is to ensure that neither the parent is making an extreme decision that involves the child.

No Time Stealing

It is not uncommon to have negative feelings and thoughts even after the divorce has been long concluded. There are occasions where a parent might try to hurt the other using emotional manipulation and involving the child in the process.

One of the tactics that are used is a parent could try and schedule for activities with the child when it is the other parent’s turn to be with the child. This could lead to conflicting scenarios for the child because he or she will be faced with the dilemma of choosing between two parents. The parental agreement will be clear on what a parent can and can’t do when it comes to spending time with the child.

Itemize Some Expenses

There should be a detailed breakdown of how the child support is going to be spent in the parental plan. One thing a good and responsible parent can do is separating health care insurance form the child support payment. There are some states where the two are individual costs are addressed separately in the child parenting plan. Make sure you’re having a good attorney because some expenses can overlap and you might not be sure is to be included in the parenting plan.

Handling Technology

Children are spending a lot of time in front of their phones. As parents, you need to decide on the details and restrictions. There should be a provision in the plan that outlines the use of electronic devices by the children. It is not really a common provision that most parents will remember to include but doing so will help in preventing disagreements in the future.

Avoid Court

As parents, it will be in the best interest of the child to avoid court if it is possible. When you go to court, it means there is a disagreement that can’t be settled amicably between the two of you. There should be a provision in the parenting plan that advocates the use of a third party for mediation before the matter can be taken to court. Parents who use coordinators will avoid the courts. If you can’t seem to agree on the details, the court will have to be involved. This means that you to look for a good family lawyer to help you will the case.

Who Gets Custody If the Parents Are Unmarried?

Posted on: julio 27, 2019 by in Sin categorizar
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Not all parents will be married when they have a child. There are occasions when getting pregnant is not enough motivation to walk down the aisle. The discussions about child custody can get very complicated when the parents are unmarried. That is why it is important that you look for a Norwalk divorce lawyer if you ever find yourself in such a situation. Have you ever wondered what would happen to your kids if you split up with your spouse when you’re not married?

There are legal implications to such a scenario and who gets the children will depend on a couple of factors. Is there a possibility that both parents could have an equal chance of having custody over the children? There is no clear answer to this question as it will depend on the circumstances of the case.

Fathers Establishing Paternity

As a father, you might be required to establish paternity of the children. From a general perspective, a father and a mother will share equal rights when it comes to child custody unless there is an issue with domestic violence. A father will have to go through a few extra steps in order to get full parental rights. The process of identifying a child’s legal mother is straightforward with no complications.

Fathers don’t give birth and there is a chance that the woman might have been intimate with someone else while still cohabiting with the alleged father of the children. As a result, there could be questions raised if the man is truly the biological father of the children.

Why Establishing Paternity is Necessary

A mother could make it harder for the man to gain child custody if the paternity is in question. The man might not be granted custody if he is not the biological father of the children. A man could also use it as an excuse to avoid paying child support if the paternity is unclear.

Establishing Paternity in California

There are two distinct ways of establishing paternity in California and this through court order or the declaration of paternity.

Declaration of Paternity

In order to establish paternity, it doesn’t necessarily mean that there is an argument or a fight. If both the parents are sure that the man is the father, they can sign a Voluntary Declaration. The form is usually signed at the hospital when the child is born. The father will be presumed to be the biological father of the child if both parties agree on the fact.

Genetic Testing

A genetic test might be ordered by the court if there are disagreements between the two parents. The court might require that the father go through a genetic test if:

He doesn’t have a Declaration of Paternity

Either of the parents has requested a visitation order, child custody, and child support.

A man can also decide to take a DNA test just to confirm he is the biological father of the child.

Same-Sex Couples

Same-sex couples are also not obliged to be married in order to have children together. It will be necessary for one of the parents to petition the court in establishing that they are the lawful parents of the child. This will mean that the couple has to establish they intend to be the child’s parents and also act in a manner to suggest so. It is only after the court legally recognizes the parents will they be able to enjoy the full benefits of having children.

Equal Rights to Custody

If all factors are held constant, both parents will have equal rights to custody over the child. This will happen when there is no question with the paternity of the father. The parents will have to agree on a custody arrangement that works for them. The court is usually involved when both parents can’t seem to agree on the details of the custody. The court will act as a mediator if the unmarried parents can’t seem to agree. If the mediation is not successful, the court will make a decision with the child’s best interest at heart. The custody could be taken away if one of the parents is abusing drugs or is involved in a domestic violence case.

Factors that Determine Custody and Visitation

In case of a contest, the court will be forced to look at a couple of factors before making a determination. The time spent with the child and the level of being involved in the child’s upbringing will significantly impact the custody and visitation rights. A court will not want to deprive someone of their rights unless it is completely necessary. Other factors that could be used in the determination of the case include:

Residence of the Parent: A child needs to be as comfortable as possible with the place residence. Will also include the surrounding community and school.

Moral Character: The moral character of each parent is analyzed when looking at who should get custody over the children. The parent needs to treat the child with respect and provide a safe environment that is nurturing and supportive.

Financial Status: The financial status of each parent is called into question when looking at who gets custody of the child. A parent needs to prove that he or she can properly take care of a child from a financial perspective.

In case the parents are not married, it will be in the best interest of the child that the parents remain friendly and amicable when deciding the custody. If there are no issues, both the parents have equal rights and it is something that can be worked out without involving the family court. It is good that you put your ego aside for the wellbeing of the children. Sometimes one parent could be difficult to reason with and there will be no other option but to involve in the court. You should also make sure you’re getting a good family lawyer to represent you.