When parents separate, they worry about the effect of their separation on the kids. Not only is there data to suggest that adults whose parents separated when they were children are at greater risk of divorce themselves, but also data that suggests the greater the parental conflict during separation, the greater the likelihood of negative outcomes for the...

Should I Litigate against my former spouse to gain custody over my children? A guest post by Dr. Kristine Turner… In high conflict cases where parents don’t see eye to eye, where litigation is used, no matter what plan is ordered one of the parents is likely to be unhappy with it. Parents tend to blame each other for their child(ren)’s...

A guest post from Dr. Kristine Turner… What can I expect when deciding custody or parenting time for my child? Every family that divorces has to deal with where the children will reside. It’s a very difficult question, and it’s a question that causes many people a great deal of pain and consternation. Child custody or parenting time, as it is...

Almost everyone knows someone who has experienced their parents getting a divorce. The breakup of a family is always challenging and emotional. It’s tough on everyone and the children often feel that their whole world is coming apart. How to help your children get through this life altering transition is critical to their well being. The most important thing...

A recent blog post from the authors of Love for Grown-Ups discusses a few tips that you can use to not feel like a loser this holiday season. We’ve highlighted a few below: Find out which days you have the kids ASAP. You don’t want to cook a wonderful Christmas dinner and find out the kids aren’t coming. You also don’t want to plan a trip...

Steve Harvey is a popular daytime talk show host that is well-respected. He recently earned a star on the Hollywood Walk of Fame, and he shares his top 5 divorce tips. These tips are in regard to parenting and divorce with children involved… which we all know can be a huge challenge. We were curious to see what Steve would have to say. What do you think of...

This past weekend was Mother’s Day.  It is a day to celebrate all the hard work our moms put into making us grow up to be noble citizens of society.  We oftentimes overlook all the things our moms do in order to maintain a stable and healthy family.  The sacrifices our moms took, even before we are birthed, can be easily taken for granted.  Therefore, it...

In divorce cases with contested child custody issues, a child custody expert may be a powerful tool to help the Courts and the Parents protect the children and develop a parenting plan that is in their best interests. You may wish to discuss the possibility of retaining a child custody expert with your divorce lawyer in one of the following three scenarios: 1....

Men and women have different struggles with child custody during a divorce or separation. Most men know the amount of time they wish to spend with their children, but they’re not aware of the many different types of custody and issues related to them. In fact, some men use the term “custody” to refer to anything related to the children in a...

You may think that young children will not remember their parents going through a divorce. However, Erin Mantz recently shared a different insight in a HuffPost Divorce article we thought we’d discuss here. Mantz states that divorce mostly affects those under five years of age.  Due to the change to family structure, kids are more likely to develop...

Few issues in dissolution of marriage are more emotionally charged than the issue of child custody. The court is customarily charged with determining what is in the best interest of the child. In a contest between two parents, the outcome determinative question is whether it is in the best interest of the child to be placed with mom, or with dad primarily and...

The courts have official programs that they use to determine support, and these approved programs are the only support calculations admissible in court. California Child Support...

The courts have official programs that they use to determine support, and these approved programs are the only support calculations admissible in court. State of California Child Support...

Many remedies are available to enforce court orders, both with respect to custody, as well as with respect to child and spousal support orders. Some of the most common of these remedies include: Contempt: A party subject to a valid order who with knowledge of the order and the ability to comply with the order, fails to comply with the terms of the order, is...

Under California Law, certain orders may be modified after a final judgment has been made. There are three areas in which post-judgment modifications are commonplace– Child Custody/Visitation Orders, Child Support orders, and Spousal Support orders. The court will not Modify the Property Division that has been Adjudicated by a Final Judgment, however,...

Federal and California law both require that all orders regarding child support include an order for a wage assignment. This requirement is designed to ensure prompt payment of child support. A wage withholding or wage assignment is utilized to deduct court-ordered child support from a party, generally the non-custodial parent. Once the employer receives Notice...

People frequently ask about the difference between Physical and Legal Custody. Physical custody: Physical custody refers to that parent or parents who has the physical responsibility for the care of the child. Joint physical custody” means that each of the parents shall have significant periods of physical custody, although parents can share joint custody...

It’s a safe bet that every parent wanted to be with his or her children during this past holiday season.  Unfortunately, it is just as certain that many were unable to be with their children because of a one-sided custody arrangement. As usual, I received many calls from parents asking for advise as to what they could do to re-establish a regular custody...

Frequently a psychological evaluation and more in depth study is conducted. The psychological evaluator then submits each of the parents and perhaps the child or children to a battery of psychological tests as well as clinical observations. The determination is made first as to whether either parent suffers from any psychological dysfunction. Then, the...

Under a California (Family Code Section 3044) the state states policy regarding custody and domestic violence. Under the law, if the court finds a party to have been a perpetrator of Domestic Violence within the past 5 years there is a very strong presumption that the perpetrator should not share Physical or Legal Custody with the victim-parent. Thus, if the...

What Is Child Abduction? A child abduction occurs when someone takes, entices away, keeps, withholds or conceals a child in violation of a custody or visitation order. Can A Family Member Abduct Their Own Child? Yes. Not only does child abduction involve violation of Family Court, Juvenile Court and/or Probate Court orders, but it also involves a FELONY...

Many persons start with the premise that if you tell your story often enough, it must be true. Hence in bolstering child custody and access claims, some parties and lawyers run about gathering as many affidavits and one-sided opinions as possible. Trouble is, most are not worth the paper they are printed on. Even reports from expert sources may not be credible...

Monkey hunters have an ingenious way to trap their prey. They carve a small hole into a gourd and then hollow it out. Into the gourd they place a small piece of fruit or some nuts. They strap the gourd to a tree and then wait. In a little while a monkey shows up and sniffs at the bait. The monkey then squeezes its hand into the gourd and grasps the bait. With...

The Custody Evaluation Legal and Practical Context Context The custody evaluation is often referred to as a “730 Evaluation.” This is because the respective section of the Evidence Code authorizes a judge to order such an evaluation. A custody evaluation can be: Agreed to by the parties and their attorneys (legally referred to as “by...

In a previous article, I explained the legal context within which a custody evaluation is ordered or agreed to, how the evaluator is selected, and what how the evaluation is handled once it is received by the court. In this article, I will describe the custody evaluation process. However, before beginning, I would like to remind the reader that most parents,...

Separated parents in high conflict have a way of dragging others into their child custody and/or access dispute. Not just family friends, and neighbours, but every professional associated with the children. The parents seek to bolster their claims to support their custody and access position and believe letters of support from their professional service...