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Child Custody

Recent Posts in Child Custody Category

  • Child Custody: Move Away Actions in Orange County

    When it comes to child custody , there is one thing that is constant: Things change. This means the child custody arrangement that parents establish originally as a part of a divorce , legal separation, or paternity action, will most likely change at some point. Why do child custody arrangements change? Because families change. Divorce spouses remarry, they relocate for their jobs, they move away ...
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  • How Child Support Can Impact Your New Marriage

    Statistically, about half of all first marriages in the United States end in divorce and the divorce rate is even higher for second marriages. Since second marriages are often dealing with child support, ex-husbands and wives, and blended families, this additional stressor (a previous marriage) could play a role in the high rate of divorce in second marriages. If you’re a parent who is headed ...
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  • Should I Divorce When the Kids Are Older?

    We’re all familiar with families where the mother and father held off on their divorce until their children graduated high school and went off to college. Sometimes, no one knew the couple was unhappy and the divorce came as a shocker. Other times, those inside the couple’s circle knew the marriage was broken and they weren’t surprised when they heard the news of the divorce. If you are unhappily ...
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  • Pregnancy and Divorce in California

    You don’t usually hear people utter “pregnancy” and “ divorce ” in the same sentence, but in reality, it’s a common situation for married couples in Orange County and the rest of the nation. Though California does allow women to proceed with their divorces while they’re pregnant, some states don’t allow divorces during pregnancy at all. And divorcing in California during a pregnancy is not ...
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  • Domestic Violence & Divorce in Orange County

    Our office may be located in Newport Beach, California, a beautiful city with multi-million dollar homes at every turn, but that does not mean Newport Beach residents are free of domestic violence. Domestic violence is in all communities. It’s weaved into the fabric of every race, religion, and socio-economic class. It is not limited to the poor and uneducated. In many cases, domestic violence is ...
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  • How to Behave on Social Media During Divorce

    For a large percentage of Americans between the ages of 13 and 60, social media has become a way of life. Few of us let a day pass without checking our Facebook and Instagram accounts. In fact, social media has played a large role in divorces as spouses have connected with “old flames” and met new ones online. If you’re on the road to divorce, it’s important to be cautious on social media because ...
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  • How Domestic Violence Impacts Divorce in California

    The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
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  • Can a Parent Move Away with the Kids?

    After a couple divorces , it’s not uncommon for circumstances to change...sometimes things change a lot. One issue that frequently arises after a divorce is the notion of moving away to another city, another county, or another state. People move all the time and there’s no reason why a divorced parent might not want to move as well. Often, a divorced spouse wants to move because they are ...
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  • Do I Have to Pay Child Support if I Have Joint Custody?

    If you are a parent who is getting a divorce and this is your first time, soon you will be learning about your rights and responsibilities in regards to child support. You learn that in California, both parents are expected to financially support their children until they turn 18, or graduate high school, whichever occurs later. But what if both parents decide on a joint custody arrangement, one ...
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  • What You Need to Know About Paternity

    Paternity means to establish who the legal father of a child is. If parents are legally married when their child is born, the law presumes the woman’s husband is the child’s biological and legal father, but when the parents are not married when the child is born, paternity must be established before the father has any legal rights or obligations toward his child. When a child is born to unmarried ...
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  • What is Contempt of Court?

    Contempt of court happens when one individual knows of an existing court order and intentionally ignores or disobeys the terms of the order. Family law judges will only find someone in contempt if the violation is serious and other actions (i.e. attempts to reach out to the violating party or sending a demand letter) were taken before holding a contempt hearing. The following are several examples ...
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  • Are You a Victim of Parental Alienation Syndrome?

    Let’s say you’re a warm, loving parent who wants nothing but the best for your children. They are your entire world and you can’t imagine life without them. Unfortunately, things between you and your spouse didn’t work out and you both decided it’s best to go your separate ways. Upon separation, things suddenly took a turn for the worse. Bitter and angry towards you for whatever reason, your ...
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  • Who Gets Custody While a Divorce is Pending?

    Divorcing by itself is hard, but divorcing when you have children under the age of 18 living at home is even harder. Unhappy couples want to live under separate roofs but suddenly they wonder, “Who gets custody of the kids while our divorce is pending?” There isn’t a single answer that applies to all couples – the right answer has much to do with the circumstances of the couple. Questions we’d ask ...
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  • Does Your Child Need Legal Representation during Divorce?

    In some divorce proceedings, child custody battles are a complex and emotionally overwhelming ordeal. Both parties may not agree on what’s in the best interests of the minor children, which can be extremely problematic. If this is the case, third parties are commonly called upon to assist the court in determining the child’s best interests. That doesn’t mean a child will conduct the hiring; ...
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  • What Factors Determine the Child's Best Interests?

    When it comes to child custody decisions in California, the courts are the most concerned with what is in the child’s best interest. Since divorce can be an emotionally overwhelming experience for all involved, the child’s home and family circumstances can have a significant impact on their life moving forward. The “best interests” of a child means that all custody and visitation decisions are ...
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  • Tips for Divorcing with Children

    One of the biggest challenges of divorce is subsequently losing a family structure you thought you’d have for the rest of your life. This is extremely devastating, especially when there are children involved. This is why it is absolutely essential you learn some useful tools on how to minimize the impact of divorce. At Burch, Coulston & Shepard, LLP, we seek to help you move the divorce process ...
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  • Tips for Fighting for Child Custody

    A commitment to winning child custody is something nearly every divorcing parent has. However, not every parent gets the agreement he or she wants or deserves. Whether you feel your ex is simply not fit to take care of the children the way they deserve, or if you believe they will be happier in your care, it is important your child custody order is as beneficial to the children as possible. With ...
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  • Violations of Family Court Orders

    It is crucial for individuals to obey court orders, including those that relate to child custody, visitation rights, child support, spousal support, and other family law issues decided by the court. Neglecting to do so can cause one to be found in contempt of court and might even lead to jail time. If your spouse violated a court order in California, there are ways for you to address this through ...
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  • Your Options for Child Support Payments

    During a divorce , you have a smorgasbord of complex issues to deal with, including how to pay for child support. While each state has its own laws regarding child support, many states allow payments to be made between parents via several methods. Here are the details about a few different payment options. Cash Making cash payments for child support may sound like the easiest method, but it lacks ...
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  • What to Do if Your Ex Violates Your Custody Agreement

    Your divorce is now finalized and you’ve received a court order that details the child custody arrangement with your ex. Unfortunately, your ex consistently violates your agreement; they pick up your child later than agreed, they keep the child overnight despite court orders, they bad-mouth you in front of the child, and they schedule activities with your child when they’re supposed to be with you ...
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  • 3 Mistakes Dads Make During Divorce

    Divorce is rarely an easy process for anyone, especially parents. Children tend to complicate the process by drawing out the proceedings. Both parents typically want to spend as much time with their kids as possible, which is why they decide to fight for full custody. However, there are a few mistakes dads tend to make during the process that could ruin their chances of gaining custody. Losing ...
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  • Tips on Child Custody Plans During the Summer

    With kids out of school for the summer, you might be thinking of fun vacation plans, but if you share custody with your ex, things can get a little complicated. However, if the two of you work out the details of your summer plans together, it will help eliminate potential problems that might arise. Less fighting will mean less stress and more time focusing on enjoying the time you have with your ...
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  • Tips for Child Custody Cases

    Child custody disputes can bring out the worst behaviors in parents. The last thing that you want is for a simple mistake or oversight to cause you to lose custody. Below are some simple yet important tips to help parents who are going through a child custody case. Essential child custody tips for parents: Cooperate with your spouse: Do your best to maintain communication with the other parent and ...
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