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Recent Posts in Child Custody Category

  • How to Prepare for a Child Custody Hearing

    Child custody disputes can be hotly contested, especially when such sensitive matters are addressed in the courtroom. Custody hearings can be extremely frightening, stressful, and emotionally charged, which is why it is imperative to prepare a convincing case in order to obtain the most favorable outcome. The following are several tips on how to prepare for a child custody hearing: Learn about the ...
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  • When Can a Third-Party Obtain Child Custody?

    Third-party or non-parent custody is when an adult who is not a child’s parent is granted custody. While third-party custody rights are not typically granted to other parties since the courts believe that it is in a child’s best interests to remain with their biological or adopted parents, it can happen under certain circumstances. A person who gains this type of custody will become legally ...
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  • Reasons a Judge Will Modify Child Custody in California

    If you need to modify your child custody order, what are the reasons a judge will allow? Certain court orders are modifiable by the California courts after a final judgement has been made. The most common areas for post-judgment modification of orders include child custody/visitation orders, child support orders, and spousal support orders. Keep reading to find out how you can modify your existing ...
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  • Why Is It Important to Establish Paternity in California?

    If you and your partner have a child together and decide not to get married, you will need to establish paternity. California law does not automatically assign parentage to the child’s father, rather this must be determined after the child is born. There are many benefits to establishing parentage for unmarried parentings, including the fact that doing so protects a father’s right to be a part of ...
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  • Facing the Holiday Season After Divorce

    Tips on How to Navigate the Holidays After a Divorce While many families start to decorate and prepare for the holidays, some are left wondering how to gear up for the celebrations after a recent divorce. It is common to have feelings of uncertainty regarding what to expect your first holiday season after a divorce. You may be wondering how visitation works or how to split holiday time in a manner ...
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  • Visitation Rights of Grandparents in California

    Grandparents in many families play an important role in their grandchildren’s lives. In some households, the grandparents play the role of parents. However, if a grandchild’s parents get divorced, grandparents may wonder if they can still see or visit their loved one. Fortunately, grandparents may request the court for visitation with their grandkids. Family courts in CA will accept a petition for ...
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  • The Importance of Consistent Rules for Kids After a Divorce

    Raising children can be a challenge even under the best of circumstances. For divorced parents, it is often exponentially more difficult. Creating consistent rules and routines across both households can help minimize potential conflicts between you and your former spouse as well as your children. Moreover, the presence of stability in your children’s lives will reduce their anxiety and fears ...
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  • Co-Parenting and the COVID-19 Pandemic

    If you are a divorced parent, you know how difficult it can be to co-parent with your ex-spouse under normal circumstances and you are likely experiencing even greater challenges during the COVID-19 pandemic. Many of the challenges you are facing now are unique to the times and, as such, you may not be sure how to navigate them. Continue reading for some tips on how to co-parent amidst a pandemic. ...
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  • Understanding Step-Parent Rights in Joint Custody Arrangements

    In the US, over 50% of families are remarried or recoupled. As a result, between 10 and 20% of children in the US have at least one step-parent. For many step-parents, the legality surrounding step-parent rights in joint custody arrangements is challenging. Understanding your custodial rights as a step-parent can help you navigate your relationship with the child's biological parents and the child ...
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  • What Are the “Best Interests” of a Child in a Custody Case?

    The best interests of a child are the primary focus of any custody case. It is a term that encompasses a vast array of factors, which a judge will carefully consider before rendering a decision that most effectively supports a child’s best interests. If you are vying for custody of your children, you must familiarize yourself with this term’s meaning, so you can best embody it, giving yourself the ...
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  • If My Spouse Had an Affair, Will it Affect Custody or Alimony?

    Finding out your spouse cheated on you can feel like a punch to the gut. Understandably, you are probably wondering if this bad behavior will result in any consequences as you move forward with the divorce process. However, as satisfying as it would be to see your spouse suffer some serious penalties due to infidelity, punitive damages are not imposed on unfaithful spouses. That said, there are ...
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  • Reduce Conflicts with Your Co-Parent this Holiday Season

    The holiday season is supposed to be a time of love, joy, and togetherness. In reality, for many, it is often a hectic and stressful time, especially for divorced parents who are learning how to navigate the challenges presented by their new circumstances. One of the most important steps you can take to reduce conflicts this holiday season is to review your holiday parenting schedule so you can ...
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  • Co-Parenting, Part 2: What Can I Do if My Ex Breaks the Child Custody Order?

    Last week, we discussed ways for former spouses to rebuild their relationship as co-parents. For the second half of our two-part blog series, we will review your legal options when dealing with an uncooperative co-parent. Co-parents should not constantly use the court system as a referee in their relationship, but there are some circumstances in which legal action is the only way to protect your ...
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  • Co-Parenting, Part 1: Working on Your Relationship with Your Co-Parent

    This month, Myers Family Law is focusing on co-parenting relationships in a two-part blog series. Today, we are discussing the importance of rebuilding your relationship with your co-parent. If you have a dysfunctional relationship with your former spouse, your first instinct might be to take the issue to court. However, you should first consider working on rebuilding trust in your relationship to ...
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  • What is Parental Alienation?

    According to Psychology Today, parental alienation syndrome was a term that came into use during the 1980s, coined by child psychiatrist Dr. Richard A. Gardner. Parental alienation not only hurts the alienated parent, but it is severely damaging to children on an emotional, cognitive, and behavioral level, especially in more severe cases. If you believe your co-parent is attempting to alienate ...
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  • Who Has the Advantage in a Move-Away Case?

    Move-away cases arise after a divorce has already been settled, and both spouses have agreed on matters such as child custody and visitation. As circumstances change, one parent may decide that it is more beneficial for themselves or for the child to pick up and move elsewhere. However, one may not simply relocate with their child to another city, country or state without ensuring this move is in ...
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  • Is It Difficult for Stepparents to Adopt?

    When two parents go through a divorce and one of those parents later chooses to remarry, the child’s new stepparent often wants to legally adopt the child. This can be a joyous occasion, in which a new family finally becomes whole in the eyes of the law. However, it can also be a difficult area to navigate legally, depending on the feelings of the child’s other biological parent. While a ...
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  • What's the Difference Between Physical and Legal Custody?

    If you’re currently dealing with a child custody case, you know how complicated and difficult these cases can be. Regardless of your relationship with your ex-spouse, it can take a lot of work to prevent a minor disagreement from spiraling into a painful child custody battle – which could affect your child’s emotional wellbeing in the process. Of course, most of these difficult decisions center on ...
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  • Key Factors in Child Custody Decisions

    Child custody cases can be the most difficult and emotionally exhausting part of any divorce. Because of the high stress and emotional strain put on children when their parents separate, courts are legally and morally obligated to always put the child’s best interests first when determining child custody arrangements. However, there are also a few other factors that you’ll want to keep in mind ...
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  • 5 Back-to-School Parenting Tips for Divorced Parents

    It’s already that time: back-to-school season is in full swing! For divorced/separated/unwed parents, this means a whole lot more than making sure the necessary school supplies are purchased and the first-day outfit is picked out. It also means preparing for a lot of co-parenting. Make sure you and your kids are prepped for success this upcoming school year by following these 5 back-to-school ...
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  • FAQ: Spousal Support

    Below, we answer some of the most common questions our clients ask us about spousal support. Question: What is spousal support? A: Spousal support, also known as alimony, is financial support that one spouse has to pay to the other spouse after their marriage has legally ended. Temporary alimony, also known as pendente lite alimony, can be granted while a divorce is still being negotiated. When ...
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  • 5 Child Custody Tips for Summer Vacation

    Summer vacation is supposed to be the time of the year that you can relax and enjoy fun activities with your children. Summer is definitely not the time to be getting into heated arguments with your ex-spouse over who your children will be staying with while they are home from school. Summer is when divorced spouses most often have disputes about where their kids will be traveling to and which ...
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  • What Rights Do Unmarried Parents Have?

    Unmarried parents often have to face many of the same legal challenges that married parents do when it comes to child custody issues. Although child custody laws vary in each state, being the mother or father of the child remains a major consideration when determining custody arrangements. In this blog, we explain custody rights for unmarried parents. Mother's Primary Right to Custody Mothers who ...
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  • FAQ: Emergency Custody

    Below, we answer questions about emergency custody that our clients tend to ask the most. Q: What is an emergency custody order? A: Emergency custody orders give you immediate custody without providing notice to the other party. Emergency custody orders typically deal with minor children. Q: How can I get an emergency custody order for my children? A: You will first have to file an underlying ...
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  • Changing a Child Custody Order

    Just because you and your ex-spouse have a child custody order in place does not mean neither of you will ever be able to change it. If you currently have joint custody and want to change the order to obtain full custody, you can request a modification. However, if your ex-spouse does not agree to the change, as is usually the case, you will have to go to court and present your case to a judge. ...
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