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Child Custody Archives

What is the "best interests of the child" standard?

Parents in California constantly focus on the needs of their children, as many of the decisions made by parents can impact their children. Thus, the interests of a child are often kept in mind at all times. Divorce is no exception. The needs of a child must come first when it comes to making decisions regarding custody and support. However, the ups and downs of divorce can make it difficult to not let emotions get in the way. Because of that, the court may need to step in at times to ensure the best interests of the child are met when there is a dispute about child custody and/or visitation.

When a child has a say in child custody determinations

As parents in California know, their children have many opinions on their upbringing and what they would like to do. This is especially true as the children become older. However, parents also know that a child's opinions may not always be in the child's best interest and overrule that opinion. However, it does not change the fact that the child still has preferences. This can be especially true if the parents are going through a divorce or child custody matter.

Anthony Weiner demise could affect child custody decision

Former New York congressman and New York City mayoral candidate Anthony Weiner pleaded guilty last Friday to sexting, or transferring obscene material to a child, in this case a 15-year-old girl from North Carolina. Weiner now faces a prison sentence of between 21 and 27 months, will be registered as a sex offender and must surrender his iPhone to authorities.

How do I protect my kids in the midst of a divorce?

All parents love their children and all parents want to protect the best interests of the child. This philosophy is also the primary concern for the courts when they make their rulings regarding child custody, child support and other divorce related decisions. Making well-advised and intelligent decisions regarding your life and future with your children is not always easy.

What are my rights as a father?

Anyone who has been involved in a divorce understands how difficult it may be to settle child custody decisions. But even if the mother of a child has been granted child custody, it is important to understand and for both parties to recognize the rights of the father. If you are the father of a child or children involved in a divorce, depending upon the relationship between you and the mother of your children, you may have to fight for these rights.

What types of child custody are there in California?

Child custody determinations can be a difficult process for many parents because of the concerns and emotions involved. There is a lot to be decided during the divorce process and child custody is likely the paramount concern for divorcing parents. It is helpful for them to understand how child custody is determined which can benefit them when discussing and negotiating a child custody agreement.

Noncustodial parent abduction

Family law disputes are complicated and overwhelming for all those involved. This is further magnified in child custody cases where one parent is usually left disappointed. Their disappointment may lead them to try and abduct their own child in an attempt to spend more time with them. As heartbreaking as it is, it is against the law to take the child away from the custodial parent without prior notice. The law takes strict action against noncustodial parent abduction. The criminal justice system has methods to make sure the children are returned safely and such incidents do not happen again.

The elements of a parenting plan in California

Custody and visitation agreements, also called parenting plans, are written agreements between parents concerning time sharing and decision making for the children. Of the two primary components of a parenting plan, time sharing refers to the amount of time each parent spends with the child and the accompanying schedule and decision making refers to how important decisions will be made concerning the health, education and overall welfare of the child and who will make those decisions.

The legal issues of divorcing while pregnant

The high of pregnancy and the low of divorce takes a lot of people on an emotional rollercoaster. But it is critical that you don't allow your emotions to cloud your good judgment. If you are getting divorced while pregnant, you cannot overlook your legal rights. You need to set firm rules for custody and support to ensure your future, your relationship with your child, and your child's future. This post will go over divorce and the issues it brings up during pregnancy.

Noncustodial parent abduction

Family law disputes are complicated and overwhelming for all those involved. This is further magnified in child custody cases where one parent is usually left disappointed. Their disappointment may lead them to try and abduct their own child in an attempt to spend more time with them. As heartbreaking as it is, it is against the law to take the child away from the custodial parent without prior notice. The law takes strict action against noncustodial parent abduction. The criminal justice system has methods to make sure the children are returned safely and such incidents do not happen again.

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John T. Chamberlin, Attorney at Law
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