Sacramento Family Law Blog

People who begin a divorce proceeding often view the entry of the final order by the court as the last step, and they are often unprepared for events that may follow. One of the most common of these unexpected events is the decision of one spouse to move from California to another state. If the couple has no minor children, such a move may have little or no impact. But if the couple has minor children who are the beneficiaries of an order for child support, the move to another state by one spouse or the other may have the potential for disrupting the provisions entered by the divorce court regarding child and spousal support.

This disruption is caused by the joint difficulties of obtaining jurisdiction over the spouse who has moved and then enforcing an order requiring the ex-spouse to make all delinquent payments. California and the other states took a significant precaution against such disruption by enacting the Uniform Interstate Family Support Act. This statute, with minor modifications from state to state, establishes uniform procedures by which a spouse entitled to receive child support can commence an action in the state where the former spouse resides to obtain an order compelling the ex-spouse to make all delinquent support payments.

Many non-custodial parents in California who have been ordered to pay child support to the custodial parent often fail to appreciate the consequences of ignoring such orders. Some non-custodial parents often assume that they can defeat the obligation to pay child and spousal support if they move to another state. Both assumptions are wrong.

An order for child support is an order of the court, and those who fail to obey the order are deemed to be in contempt of court. Contempt can be punished by imprisonment in addition to another order directing the payment of past due support. Most custodial parents, however, are not interested in imprisoning their child's other parent; they would much prefer to receive the obligatory payments. A custodial parent who has not received support payments can either seek relief from the court or ask a child support agency for assistance.

When a California couple with minor children decide to end their marriage, one of their first concerns is who will have custody of the children. Many couples are able to resolve this issue without turning to the court, but some couples need the judge to help them out. In such cases, child custody becomes more complicated than the simple question of "Who gets the kids?" A review of common child custody questions can be useful to someone about to commence divorce proceedings.

California law recognizes two kinds of child custody:

• Legal custody in which one or both parents will have the right to make important decisions for the child on issues such as education, health care, general welfare and the like;

• Physical custody which means with which parent or parents the child will reside.

For Sacramento couples contemplating a divorce, no issue portends greater stress or heartache than the issues of which parent will be the custodian of the children. One method for alleviating some of the stress and heartache in resolving child custody issues is the preparation of a joint parenting plan. A parenting plan, sometimes called a "custody and visitation agreement," is a written agreement prepared by the parents that governs the time that children will spend with each parent and how the parents will make decisions concerning the child's health, education and general welfare. Once the plan is signed by both parents and presented to the court, the judge's approval of the plan gives it the force of a judicial order.

In approaching the preparation of a joint parenting plan, the parents should ensure that the plan helps them provide for the child's basic needs for love, protection and guidance, a healthy diet, adequate medical care and sufficient rest. Parents should consider the unique personalities and needs of their children. If the plan provides a visitation schedule, it should be clear and predictable. It should make allowance for visitation by each parent, where the child will spend particular holidays, and how vacations will be handled. The schedule should give the children a sense of security and predictable routine.