California Divorce & Children | Will I Have To Go To Court

Posted by Tim Blankenship on

If you have children and are going through a divorce, will you have to go to court? Put another way, if you have children is going to court mandatory?

I was asked this the other day of a new client of ours who said she had heard from a friend who went through divorce that if you have children, you have to go to court.

This is not the case.

As with any other issues you need to settle as part of your California divorce, the only reason you would have to see a judge or go to a court hearing is in the event you do not agree. Because we are always discussing the amicable approach to divorce in California, i will answer this questions like i do all others.  The only reason you will ever go to court is in the event you and your spouse do not agree.

The same applies to when you have children and going through a divorce in California.  The courts don’t want you in their courtroom unless you ask to to have your matter heard by a judge which is called a hearing or trial.  Just because you have kids does not mean that court is mandatory.

When going through a divorce in California, the children are just one more part of the puzzle that needs to be figured out between the parties.  You will need to come up with a parenting plan of sorts. This may be a full parenting plan where you and your spouse account for every minute of every day of your children’s custody schedule or can be as simple as indicating to the court that you and your spouse will have joint legal and joint physical custody of the children.

Most of our clients decide that they do not want the court’s involvement in their divorce. Meaning, they prefer not to have specific child custody orders in place so they can have the flexibility in their parenting. Many of our clients do this because they do not feel it necessary to memorialize or put into writing how they are going to handle the child custody situation.

You can decide to have a detailed child custody schedule or you can simply say that the parties will make the decisions regarding the child custody and visitation on an ongoing basis in the best interest of the children.

Most people re surprised to know that it can be this simple when it comes to children and divorce, but it is just that simple. Or i should say, can be that simple if you want it to be.

Can Your Santa Clarita Divorce Child Custody Agreement Be Non-Specific?

Posted by Tim Blankenship on

People are surprised (happily) that they will not have to come up with a specific child custody agreement as part of their Santa Clarita divorce.  Some people want a specific child custody agreement, but many of our clients do not.  In fact, many of our child custody agreements simply say that the spouses will each have joint legal and joint physical custody and will co parent on an ongoing basis in the best interest of the children. That’s it.

Watch the video or listen to the podcast where I discuss.

 

Emergency Custody Orders During California Divorce

Posted by Tim Blankenship on

Emergency Custody Orders During California Divorce

We had a client come to us for what he thought was going to be an uncontested divorce case.  At first everything seemed to be going fine, but then things turned sour.

We received a call from our client who said his wife was in the hospital and had overdosed on medication.  His concern, aside from the condition of his wife, was that of his minor child.  He felt that in her current condition that he should probably ask for emergency court orders that he have temporary full custody until his wife is in better condition.

So what we did was prepare what is called an “Ex-Parte” (pronounced “partay” and not “party”) which is where you go into court on a day of your choosing after giving only 24 hours notice to the other party that you are going to court to seek emergency orders.

It is ultimately up to the court if your issue is considered an emergency and worthy of being heard as such.  In this case, the judge did hear our clients motion for full custody and did so make an order that he have full custody until further order of the court.

They will normally set another court date for the parties to return to court to re-assess the order and possibly to hear the other persons side of things, especially where the other party did not appear which is what happened here.

If you are going through a divorce and you need to get temporary emergency orders we can certainly help you achieve getting into court and letting the judge know why you need what you need. Of course, it is always up to the judge to make the orders.

The key to getting your point across is to write a declaration with your motion to explain your side of things.  We have gotten really good at preparing and filing motions and getting our clients into court to obtain orders.  Whether you need to file a motion or respond to a motion your spouse has filed, we can help.