Law Offices of Fredrick S. CohenSacramento Family Law Attorney | Divorce & Custody Lawyer2024-02-12T19:39:33Zhttps://www.familylawlitigators.com/feed/atom/WordPressOn Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=482182024-02-06T19:39:42Z2024-02-12T19:39:33ZWhat children need
Parental divorce can negatively affect children, so courts try to focus on what children need:
Emotionally, children may experience stress, anxiety and confusion. They need reassurance, stability and open communication from both parents.
Physically, they require a safe and nurturing environment, access to healthcare and adequate nutrition.
Developmentally, children need consistent routines, positive role models and opportunities for growth and learning.
Divorce can disrupt these needs, so parents must prioritize their child's well-being. You should maintain stability and provide unconditional love and support to help them navigate this challenging time.
Factors considered
When determining the best interests of the child, California family courts consider various factors. These include the child's age, health, emotional ties with each parent and their adjustment to home, school and community environments.
Parenting abilities
The court evaluates each parent's ability to provide for the child's needs, including their capacity to provide a stable and nurturing environment, promote the child's emotional and psychological well-being, and foster a healthy parent-child relationship.
History of care
The child's relationship with each parent, including their involvement in the child's upbringing and caregiving responsibilities, plays a part in custody decisions. The court looks into each parent's history of care and willingness to support the child's ongoing needs.
Domestic violence and substance abuse
Courts carefully assess cases involving allegations of domestic violence or substance abuse. The court considers any history of abuse, neglect or substance dependency that may impact the child's safety or ability to thrive in the care of a parent.
Child's wishes
The court may consider the child's preferences regarding custody arrangements, taking into account the child's age, maturity level and ability to express their wishes in a meaningful manner.
Co-parenting and communication
The court encourages parents to communicate and cooperate about the child's upbringing. Parents who are willing to collaborate and promote the child's relationship with the other parent are more likely to receive favorable custody arrangements.
Parental motivation
Parents seeking custody for selfish reasons, such as revenge or control, can negatively impact custody cases. Courts prioritize the child's best interests over parental desires, and selfish motivations may raise concerns about the parent's ability to prioritize the child's welfare and promote a healthy parent-child relationship.
What courts avoid
Courts do not want children to experience abuse, harm or neglect. They will make custody decisions accordingly.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=482162023-12-18T22:01:27Z2023-12-18T22:01:27ZVoluntary Declaration of Paternity
One method to establish paternity is through a Voluntary Declaration of Paternity. The parents can complete this form at the hospital when the child is born or at a later time through the California Department of Child Support Services. Both parents sign the declaration, acknowledging the biological connection between the father and the child. The VDOP carries legal weight and can be a simple and efficient way to establish paternity.
Court order
If both parents are not in agreement about paternity, another option is to pursue a court order. Either parent can initiate this process by filing a paternity action in court. The court may then order genetic testing to determine biological parentage. Once the results confirm paternity, the court issues an order establishing the legal relationship between the father and the child.
Additionally, if the child is receiving public assistance, the local child support agency may take steps to establish paternity through a court order. This is a common occurrence when the custodial parent applies for benefits, triggering the agency to identify and locate the noncustodial parent.
Beyond legal recognition, establishing paternity grants the child access to essential benefits, such as medical insurance, inheritance rights and Social Security benefits. It also provides the child with a sense of identity and connection to both parents. Establishing paternity benefits both the child and the parents involved.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=482142023-10-12T21:01:56Z2023-10-12T21:01:56ZSelling the home
When divorcing spouses opt to sell the family home, they typically do so to divide any proceeds fairly. Selling the house can provide a clean break, both financially and emotionally. The process involves listing the property, finding a buyer and finalizing the sale. Once sold, the couple splits net profits according to their agreed-upon terms, which they can negotiate during divorce proceedings.
Selling the home can provide a sense of closure and a fresh start for both parties. It allows each spouse to move forward independently and provides a straightforward way to divide one of the most substantial marital assets.
One spouse keeps the home
One spouse may choose to keep the family home, typically in exchange for other marital assets or a buyout. This decision may result from an emotional attachment to the property, the desire to maintain stability for children or the intention to downsize at a later date.
To facilitate this arrangement, the spouse who wishes to retain the home must compensate the other spouse for their share of the home's value. The spouse can do this by transferring other assets of equivalent value, such as retirement accounts, savings or investments. Alternatively, the spouse who wants to keep the home can obtain a mortgage to buy out their former partner's share.
The fate of the family home in a divorce depends on the unique circumstances of each couple. Divorcing spouses have options but ultimately must choose what works best for their specific situation that ensures a fair and equitable outcome.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=482082023-08-13T22:17:26Z2023-08-14T22:16:41ZQualified Domestic Relations Order.
Qualified Domestic Relations Order explained
A QDRO allows for the payment of retirement savings to your former spouse. It bypasses the legal issues that could arise if your former partner were to try to get access to your account.
You must get a QDRO from a court. It must follow specific requirements. You and your spouse do not have to agree to create the order. It is up to the judge in your case.
General handling of retirement in a divorce
The court can divide your retirement savings between you and your spouse during your divorce. It is like any other asset. However, the nature of retirement plans can make it difficult to offer a payoff right away. Many times, you will have serious penalties if you try to access the money early. Because of this, you should have a good plan in place for the division. A QRDO can help with that, but it is complicated.
Above all else, when it comes to your retirement savings division in your divorce, you must make sure you know what is happening. If you do not address the situation in your divorce decree, your former spouse could collect your savings in the future.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=481322023-06-22T19:15:17Z2023-06-22T19:15:17ZA lawyer classifies your assets
First, a lawyer classifies your property and debts as joint or belonging to an individual. Some assets may be both. These are commingled assets. Here are some common examples of community and separate property:
Anything acquired during the marriage is community
Inheritances are separate
Gifts to one spouse are separate
Anything from before the wedding is separate
Anything received after the date of separation is separate
However, there may be some exceptions to these rules in complex cases. You should consult with an experienced divorce lawyer. They have the most up-to-date information.
The state divides your assets
The way the court divides your assets influences how it distributes them. Because you have community property does not mean you will get a 50/50 split of these assets. It is just unlikely that you will divide it any other way. A non-equal division can occur because one spouse made a much greater financial contribution, is older or incapable of working, causes the marriage to deteriorate or wastes money knowing a divorce is coming.
Remember that because an asset has your name on it does not make that item yours. Even though you worked for the money, it is not yours. The court will divide your community property. This does not have to be a 50/50 split every time.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=481302023-04-11T20:16:18Z2023-04-11T20:16:18Za quarter of parents engages in alienating behavior for years after a divorce. Parents who want to combat this damaging practice should recognize its signs.
What is parental alienation?
Parental alienation is one parent's attempt to turn a child against the other parent. Such behavior occurs without provocation or justification.
However, parental alienation does not refer to a parent shielding a child from an abusive or neglectful co-parent. This type of estrangement may be necessary for the child's well-being and usually requires legal action.
What are the signs of parental alienation?
Parental alienation can manifest in various ways, and no two cases look alike. However, common indications are:
Limiting contact: A parent may subtly alienate a child from a parent by making excuses to restrict contact, such as extending visitations too long.
Denigrating the other parent: A parent may badmouth the other directly or with insinuations to poison the child against the co-parent.
Withholding information: A person may try to get the child to keep secrets from the other parent or keep the co-parent's name off of vital documents concerning education, extracurricular activities, health care and religious training.
Undermining the co-parent's authority: One parent may try to create a dependent relationship with the child by criticizing the other parent's competency and authority.
Forcing the child to choose: Some parents directly force a child to choose between the parents and coerce the child through bribes or threats.
Parental alienation can cause long-term damage to a child's psyche. After a divorce, a parent should watch for signs to counteract such efforts.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=481282023-02-04T16:10:56Z2023-02-07T16:10:11Zmake a parenting plan that works for all parties involved. If you cannot come to an agreement with your ex-spouse, or if they insist on a parenting plan that blatantly favors one side, it may be necessary to learn how proper legal guidance can help you create a truly fair parenting plan.
Learn what goes into an ideal parenting plan
It is important to work with a legal team that has experience navigating divorce and custody issues, as this type of team can inform you on what a fair parenting plan should include. The priority is to minimize the negative impact of divorce on your child. This entails carefully dividing parenting responsibilities, establishing a balanced schedule that does not interfere with your child's activities and writing guidelines for facilitating productive communication.
Advocate for the parenting plan that works for everyone
Your legal team can advocate for the submission of a perfectly fair parenting plan. If you and your co-parent cannot agree on this plan, each party will submit their own plan to the court where a judge will determine which is in the child's best interests. Without proper legal guidance on your side, the court might enforce its own parenting plan that does not fully satisfy either you or your co-parent.
The right parenting plan is one that works for you and your co-parent, but it should ultimately prioritize your child above all else. It is important to seek the kind of guidance that will help you fight for your child's happiness.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=481262022-12-06T20:49:45Z2022-12-12T20:49:25ZIs the divorce uncontested?
If both parties are in agreement on the settlement, that is an uncontested divorce. The court may finalize an uncontested divorce in as little as six months after filing the petition.
How long were you married?
If the marriage lasted for less than five years, you have no children and meet certain asset requirements, you may qualify for a summary dissolution. This divorce process is simpler, with less paperwork, though it has the same six-month waiting period for the final decree.
How can you simplify your divorce?
If you want your divorce finalized as quickly as possible, consider retaining an attorney to guide you through the process. Legal support reduces the risk of paperwork errors, can facilitate settlement agreements and takes stress off of you along the way. Retain a divorce attorney before you file your divorce petition so that you have legal guidance for every step of the process.
Divorce does not have to be a lengthy, contentious process. If you want to finalize your divorce as quickly as possible, meet with an attorney who can guide you and your spouse through a settlement agreement. If you address everything the court looks for before you file the petition, you can have your divorce in months.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=480912022-10-10T19:04:05Z2022-10-10T19:04:05Zfile for divorce in California, here are some key points to consider.
Have you filled out the necessary forms?
You must fill out a divorce petition for the court and a summons to notify your spouse that you have started divorce proceedings. In most counties, the sheriff can serve divorce papers for a fee. You can hire a professional server or ask a trusted acquaintance to do it.
Check with your court clerk to determine whether there are local forms you need to file. It is important to keep copies of all your divorce paperwork.
Do you have your financial documents in order?
You and your spouse must fill out forms declaring your financial assets. To do this, you will need tax returns from the past two years and two months of pay stubs. You may also need account statements, insurance documents, titles or utility bills.
Are your personal belongings and documents secure?
Items that you acquired before marriage, inherited or received as gifts generally meet the definition of separate property. Consider storing sentimental items in a safe place or handing them over to a trusted friend or relative for safekeeping. You should do the same for personal and family documents like birth certificates and passports.
Do you have a support network?
Caring for your mental health is essential during a divorce. If you can safely do so, confide in a friend or family member about your plans. Consider speaking with a therapist or counselor to help you manage the stress and emotions that come with divorce.
Divorce is never easy, but you can ease the process by preparing thoroughly before you file.]]>On Behalf of Law Offices of Fredrick S. Cohenhttps://www.familylawlitigators.com/?p=479482022-08-12T21:43:06Z2022-08-12T21:43:06Zparenting plan. This is a critical step in helping you, your spouse and your children navigate the divorce process.
1. A parenting plan can reduce conflict
A parenting plan is not simply an informal agreement between parents. It is a written document that becomes a legal order once both parents and a judge have signed it. Your plan should outline each parent's everyday duties toward the children, such as transporting them to school, appointments and activities. It should also ensure that both parents have the right to communicate with the children and have a voice in healthcare decisions.
Even in the most amiable divorces, some conflict is inevitable, but by having consistent written guidelines, you can manage your expectations and reduce conflict between you and your co-parent.
2. A parenting plan provides stability and consistency
The last thing parents want is to disrupt their children's lives, but unfortunately, change is unavoidable with divorce. With a parenting plan in place, you can give your children a predictable schedule and help them feel secure. The sooner you create a parenting plan, the sooner you can begin helping your children transition to a new routine.
3. A parenting plan shows your children you care
By prioritizing your children's needs, you remind them that both parents love and care about them and are committed to putting them first.
Divorce is difficult for children, but you can help them adjust to their new normal by working with your spouse to create a parenting plan.]]>