Sacramento Family Law Blog

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.

For some people in California entering their first marriage, the concept of a prenuptial agreement carries a negative stigma. Not everyone at that stage in their lives can understand why they should elevate financial concerns above the romantic notions of marriage and living happily ever after. Some people are fortunate in never needing to face the answer to that question. However, other people will understand the answer after they have endured at least one divorce.

Prenuptial agreements are intended to remove the enormous uncertainty that is otherwise known as the "future." These agreements serve many useful purposes, but one of the most critical is protecting a spouse's interest in a close corporation or limited liability company. People entering into a second or third marriage may have invested a significant portion of their lives into making a particular business endeavor successful. Without a prenuptial agreement, they could lose a large portion of that success.

Pets are an important part of families but were traditionally a minor legal matter when couples ended their marriage. California has changed this by enacting a new law ensuring that pet care is considered when a divorce is underway and after the decree is issued.

Pets were legally considered as property that had to allocated like other assets. In California, any pet acquired during marriage had to be awarded to one of the spouses. But, visitation rights were often granted.