Sacramento Family Law Blog

Child custody is one of the most complex issues in California family law. When there is a divorce and the parents are trying to get as much time with the children as possible, it can be made even more difficult if a parent decides to move away and relocate. This can impact visitation and more. It is a fundamental requirement to understand what the law says about parental relocation following a divorce.

A parent with sole physical custody has the right to move away without the other parent's permission. The other parent must show that the move would be detrimental to the child. However, the duration of the move is critical. Whether it is temporary or permanent will affect the case. For parents who have a joint physical custody agreement, a parent who objects to the move has more of a right to do so and prevent it. The parent who wants to move must prove that the move will be in the child's best interests. Parenting schedules are a critical factor in how the court will assess the case.

Californians might be under the impression that a divorce stems from a slow and incrementally worsening series of issues that culminates in the decision to part ways. In many cases, that is true. Sometimes, however, being served divorce papers comes as something of a shock. Regardless, most situations have one spouse filing a petition on the other. The spouse who receives the petition and a summons is the respondent. It is important to understand that there are several alternatives after being served. To handle the case in the manner best suited to the individual, legal advice is key.

The petition specifies what the petitioner wants. In the summons, there will be information as to the respondent's rights and how the process of divorce works. There are standard facts like what can be done with assets, property and other items. The petitioner and the respondent are prohibited from moving out of California with children from the union or from seeking a new passport or renewing an existing one without first receiving consent.

There are many factors that are considered when there is a child custody case in California. The best interests of the child are paramount and various considerations toward that end will be part of the process. In many cases, the parents will make their argument to have custody, visitation rights will be determined and the child has little say in the matter. However, in some instances, the child will be granted the right to express his or her preferences regarding custody. Understanding what the law says about the child's capacity to be heard is an important part of a case.

The child's age and maturity will be critical factors in deciding whether their preferences should be given weight. If the child is deemed to be sufficiently mature and able to understand the consequences of the case, then the court will take the child's preferences into account. When a child is examined as a witness in the case, the court will have strict control over how it is done to serve the child's best interests. A child who is at least 14-years-old who wants to address the court about the case can do so except in cases where the court decides it will not be in the child's best interests. The court will give its reasons if it does not allow the child to speak.

Child support can be one of the most critical issues in a California divorce involving minor children. The court's order requiring one party to pay child support to the other party usually runs through the child's 18th birthday.

In a family with more than one minor child, the order expires for each child separately, a fact that can mean a very long payment period. What happens if during a period that could exceed 15 years the parent who owes the support obligation suffers a disabling illness or loses his or her job? Such events are known as "changed circumstances" and such an event can be the basis for asking the court to modify or alter its original order for support.