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Riverside California Family Law And Criminal Defense Blog

Child custody matters may hinge on where a parent lives

Judges in California and in most other states will scrutinize a parent's living situation as part of a child custody proceeding. They will generally look to see that they have enough space for the child and live in a part of town that is safe. If a parent has multiple children, he or she should have sufficient space for each child. Sufficient space is partially based on the child's age and gender.

For instance, a parent who has teenagers living in his or her home will ideally give them their own rooms. Some say that teenagers should not be asked to share a room with younger children as they have different needs. Furthermore, if a parent is living with a child of the opposite gender, it may be necessary to provide that child with extra space for privacy purposes.

How divorced parents can make the holidays easier for their kids

Holidays can be stressful, and divorce is tough. When the two are combined, both parents and children may suffer. If the separation or divorce is new, a family may be dealing with difficult emotions such as fear, loss, sadness and betrayal. However, California parents can still take steps to help their children enjoy the holiday season.

For starters, parents need a way of dealing with their own emotions so they won't interfere with their focus on the children. In some cases, seeing a therapist or counselor may be helpful. Parents should avoid taking out any anger by limiting the child's visitation time with the ex. Instead, parents should make a fair holiday plan and share it with the children. Once the children know what to expect, some of their anxiety may be relieved.

Parallel parenting as an alternative to coparenting

People in California who are getting a divorce might be unable to co-parent effectively because they cannot get along well enough for that. However, they can still practice parallel parenting. This is when both individuals still manage to spend time with their children without being involved with one another as parents. People who successfully practice parallel parenting generally do agree in general on large issues, such as a child's religion and education.

Individuals who co-parent should set aside their conflict and focus on their children's best interests. Since those who practice parallel parenting are trying to prevent conflict by avoiding one another, they should have firm agreements in place about how they will structure the visitation and custody schedules and communicate without having to talk to one another. It can help if parallel parents keep the communication businesslike. They might want to use calendars or exchange information over email. Parallel parents also have to let go of the desire to control one another.

Birdnesting can be in a child's best interest

After a divorce, it is important that parents focus on the best interests of the child. In California and throughout the country, a trend called birdnesting has attempted to ease the burden that children may feel after their parents get divorced. In such a scenario, the child will stay in the family home while the parents will rotate between that home and an apartment.

For a child, there are many benefits such as not having to go between two homes on a regular basis. This means not having to pack and ship belongings between two places regularly. It also means that a child can stay in the same school and continue to be close to their current friends. When done properly, it can serve as a way to ease the transition into life in which parents are no longer together.

Can you make the divorce process simpler?

Thinking about divorce is not easy and the actual process can be even more difficult. Getting a divorce involves many different elements, negotiations and paperwork. It can be overwhelming to think about.

However, staying organized, communicating, cooperating and other actions can help you streamline the process. There are a few essential steps you can take before and during your divorce to make the procedure as simple as possible.

The benefits of a prenuptial agreement

When California couples plan for marriage, they may not want to think about divorce at the same time. This is why many avoiding mentioning prenuptial agreements. However, prenups aren't just a method of divorce planning; they are a way to come to agreements about key principles of the practical and legal relationships that accompany marriage. In addition, prenups can be useful for many people of modest or average means to determine the items that are most valuable to them.

It's important to understand that prenups can address various types of assets. For example, a business' value may be considered a marital asset. Therefore, couples may want to come to a specific agreement about how a family business will be handled in case of a divorce. This doesn't mean that the spouse who is not a partner will be cut out entirely. A prenuptial agreement could provide other types of property in case of a split. Because of the risks posed to future business potential, investors may require that co-founders secure a prenup addressing the business before sinking their cash into a startup.

Dealing with divorce's financial consequences

When people in California decide to divorce, they may be particularly concerned about the long-term financial effects of ending their marriages. Even after the emotional and practical issues have been sorted out successfully, the financial aftereffects of divorce can linger for years later. By keeping some tips and strategies in mind, people can help to minimize the associated risk and keep their financial goals in place.

For many, the immediate period after a divorce can be a tempting time to spend. People can look to make themselves feel better or redefine their single identities with a new car, vacations or even new purses, clothes or technology. However, when people are adjusting to life as a single-income household, it can be an important time to be frugal. Small luxuries are likely fine if people can afford them, but this is likely not the best time to invest in a new car or home purchase.

How unmarried fathers can get visitation rights

Biological fathers in California have a legal right to access to their children, but they might need to take some steps to establish that right. First, it may be necessary to establish paternity. While this may simply involve signing an acknowledgement of paternity, in disputed cases, it could involve DNA testing.

Parents will need to negotiate a parenting agreement that spells out when the child will spend time with each of them. This can be done before the legal process is underway. If parents cannot reach an agreement, they may need to go to court and have a judge decide. Even if parents do not have to go to court to make the agreement, the advantage of submitting it to court for approval is that it becomes legally binding. This means that the agreement can be enforced if either parent violates it.

Divorce rates could be influenced by premarital cohabitation

Couples in California who decide to live together before they marry may also be more likely to divorce, according to one study. Researchers found that people who live together before marriage are more likely to face some types of challenges, including those that lead to the end of their marriage. In the first year of marriage, cohabitation is linked with a lower likelihood of divorce. However, researchers found that the risk of divorce rises with each other year. The study analyzed a sample of women aged 44 or younger who were married for the first time between 1970 and 2015 across the country.

Some scholars have said that this effect has declined in later years because living together before marriage has become increasingly common. Others have noted that cultures and societies that frown on divorce are also those that are disapproving of living together before marriage. In other words, the study may not point to happier couples who did not cohabitate but simply to couples with strong beliefs that hinder their willingness to divorce. In surveys of American adults, a majority believe that it is a good idea to live together before marrying.

Why divorce rates could be higher among wealthier couples

The Federal Reserve Board reports that couples who have a wide discrepancy in credit scores are more apt to get a divorce than those whose credit scores are more similar. Furthermore, individuals with higher credit scores are likelier to remain in committed relationships than those with lower ones. However, higher-income California couples might be more likely to divorce than those with lower incomes.

Some couples may have a lot of expenses to go along with their high income and might have little money saved up. Often in high-income couples, one person earns a significant majority of the income, and this disparity can create friction. The marriage could also be strained if the person who is earning the bulk of the income is away working long hours and traveling for work. There could be stresses in wealthy two-income couples as well. Often, couples still fall into traditional gender roles in which the husband handles all the finances, and this could create a strain.

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Law Offices of Catherine A. Schwartz
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Riverside, CA 92506

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