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Santa Rosa Family Law Blog

Study shows child psychological stability in joint custody

While co-parenting is not always the easiest or most convenience option for parents, it can be beneficial for the child. Many Santa Rosea area families are blended families. Figuring out how to best raise their child when the child's parents are living separate lives can be tricky. However, a new study shows joint custody can have psychological benefits for children.

The study examined over 3500 schoolchildren, aged three to five, of three family situations. Like many families today, many of them were living with both parents at home, some were in a joint custody situation and others have a sole custody situation with one parent. It was found that children living in joint physical custody situations experienced similar levels of psychological symptoms to those in intact families and less psychological problems than those living mostly or only with one parent. The study suggests that there are psychological benefits for children in joint physical custody situations, versus sole custody situations.

Relocation of a child in a custody agreement

Many parents have made the choice to be a great parent to their child, but do it from a separate household that their child's other parent. There can be many reasons a cohabitating relationship with a child's other parent doesn't work out, but that doesn't and won't stop parents from having a great relationship with their kids. If co-parents have a child custody arrangement (and most of them do!) they have to reference and abide by that agreement before making any big decisions. Big decisions, like moving your child out of a certain area, usually have to be approved by the child custody agreement.

This is to ensure that the move is, first and foremost, in the best interests of the child but for other reasons too. If a child were to move a significant distance from their other parent, how would that affect the custody agreement? It could impact how easily or how often the other parent could interact with the child and could impact the quality of their relationship. It could also change the cost of living for that child, say if a parent wants to move from the midwest to California, the cost of living would be different and could affect child support numbers.

What will a court consider when awarding alimony?

California couples going through a divorce often have many financial concerns. This is especially true when it comes to spousal support -- also known as alimony. The person paying alimony may be concerned that they will be bled dry financially from an unfair award, while the person receiving alimony may be concerned about making ends meet financially, especially if they earn significantly less than their ex or if they stayed out of the workforce altogether while married, and are now facing re-entry in the working world. The state of California understands these concerns, and per law there are certain factors the court will consider to ensure that a spousal support award is fair.

For example, the court will consider what each party can earn through work to have a standard of living that is similar to that they enjoyed while married. To make this decision, the court will look at the marketable skills of the party receiving alimony as well as what the job market looks like. If the party receiving alimony needs to go back to school in order to obtain a job, that will also be considered. If the party receiving alimony stayed out of the workforce while married in order to care for the family, this will also be considered.

Will your school-time parenting plan make the grade?

You may be among numerous California parents who finalized their divorces at the end of the last school year or during the summer. In that case, you haven't really had the chance to test the school-time parenting plan you negotiated during the divorce.

As your children make their way back to school here in Santa Rosa, you will more than likely be implementing a new schedule for the school year. The summer may have gone well, so your hopes are high, but you may encounter roadblocks that you didn't anticipate.

When it comes to child custody, who becomes the custodial parent?

If you and your child's parent are no longer together, or are going through a divorce, your first instinct is your child and how the change will affect him or her. While there is no doubt that it can be a challenging time, it doesn't need to be a high stress situation. However, truthfully, every person's child custody scenario is different, it's hard to say how a change will affect each family individually. Many parents wonder how a child custody decision will affect their child.

As child custody agreements are designed with the best interests of the child in mind, it's difficult to know exactly the impact the change can have. However, know that the ultimate custody decision is made with a focus on the child's best interests and within reasonable perimeters. Every family is different, some parents may want to split custody fairly evenly, while others would prefer that one parent do the majority of the child rearing. If one parent is the primary custodial parent they often are responsible for the everyday child-rearing and daily decisions.

What happens to the family home in a Santa Rosa divorce?

For families going through a divorce, there are often many questions associated with the process that one would like answered. Questions about child custody and alimony top the list. While these decisions may not impact every family in a high asset divorce (due to not having children) a popular issue, regardless of children, is who gets the family home in a divorce? Naturally, it can't really go to both parties in the split, so how does the law decide who gets it?

There isn't always a clear-cut answer for such a straight-forward question. In cases in which a high asset divorce has children involved in custody decisions, the home usually goes to the spouse who has primary physical custody. This is for the betterment of the child, as to uproot a child from their home seems unnecessary and not in the child's best interests. For divorces in which children aren't affected by property decisions it isn't always as clear who might get the home in a high asset divorce.

Hollywood power couple announce their divorce

Living in California, it's hard not to notice what's going on with Hollywood couples. Thinking about how these couples juggle their high-profile jobs, relationships and even kids can appear effortless in the media. However, the reality is that high-profile couples often have the same struggles as normal couples and families living in Santa Rosa. One high-profile couple, Anna Faris and Chris Pratt, recently announced their separation in a shocking social media post.

In addition to being Hollywood stars with high profile careers and a slew of high value assets, they are also the proud parents of their son. For his sake, they requested privacy at this time, which is understandable as their family is in transition. The couple has been married nearly a decade before they decided to call it quits and have starred in several big productions between the two of them and have acquired several assets both prior to and during the marriage.

Feel confident about the financial aspects of high asset divorce

Money is a have it or have not situation. For those who have it, it is a great blessing but also a big responsibility. For married couples who have decided to go their separate ways, financial aspects will begin to creep into the minds of those who are looking to separate. So, which assets belongs to whom in a Santa Rose high asset divorce?

Financial assets could be any tangible asset like property and savings accounts. Many people have questions about their 401(k)s, many of which have been accumulating assets for years of a couple's marriage. Oftentimes, it is accumulated by the income of one spouse, so the non-earning spouse may have concerns about accessing those funds. Unless previously determined (like in a prenuptial agreement), 401(k)s are typically considered marital property and, thus, subject to equal division between divorcing spouses.

No one should have to live with the threat of domestic violence

Anger is a natural human reaction. Everyone in California will feel angry and a slew of other emotions from time to time. But what about when someone's anger manifests into something physical? Should a person and their family live in fear of that person and their actions?

The answer is no. Whatever prompts a person's angry outbursts is unique to them alone, but a family needn't suffer when a person's anger turns violent. Domestic violence happens more than some people think, so getting it under control is key to a safe and happy household. Children shouldn't be exposed to dangerous situations in which, for example, a parent is violent with their spouse or the children themselves.

Are you concerned about how divorce impacts your kids?

As a California parent, you undoubtedly want to ensure that your children have the best upbringing possible. Because your actions will affect your kids in some form or fashion, you likely closely consider any serious life changes you may feel the need to make. However, even though you know your children could face serious impacts, you may believe that certain actions are unavoidable.

One issue that you and many other parents face concerns divorce. You may have realized that your marriage no longer has sustainability, and as a result, you and your spouse may soon move through legal proceedings. Of course, you likely have worries about how your children will fare through the ordeal.