How to Determine Child Custody in California | California Divorce

Posted by Tim Blankenship on

 

How to Determine Child Custody in California

In my video for Divorce661, I walk through the essentials of determining child custody in California — what custody really means, how courts decide what’s best, and how you can create a parenting plan that protects your kids and minimizes conflict. Below I summarize those key points and share practical guidance to help you move forward with confidence

Understanding the Two Types of Custody

Custody isn’t just about where your child sleeps. In California the law separates custody into two distinct categories:

Legal Custody (Decision-Making)

Legal custody refers to which parent has the authority to make important decisions for the child — things like education, medical care, religious upbringing, and other major choices. Legal custody can be:

  • Joint legal custody: Both parents share decision-making responsibilities and must cooperate on major choices.
  • Sole legal custody: One parent has exclusive decision-making power when co-parenting is not feasible or in the child’s best interest.

Physical Custody (Where the Child Lives)

Physical custody determines the child’s primary residence and the day-to-day care arrangement. This can also be:

  • Joint physical custody: The child spends substantial time living with both parents according to a parenting schedule.
  • Sole physical custody: The child primarily resides with one parent, while the other may have visitation or parenting time.

Joint vs. Sole Custody: What California Courts Prefer

California courts generally prefer joint custody when parents can cooperate because it supports the child’s ongoing relationship with both parents. Joint arrangements encourage shared responsibility and stability, but the court will always prioritize the child’s best interest. Sole custody may be ordered when there are concerns about a parent’s ability to co-parent safely or effectively.

Creating a Parenting Plan That Works

A clear, detailed parenting plan is the backbone of any custody arrangement. It reduces ambiguity, lowers conflict, and increases the likelihood that the court will approve your agreement.

Essential elements to include in your parenting plan:

  • Regular schedule: Weekday and weekend routines, school days, bedtime expectations.
  • Holiday and vacation schedule: How holidays, birthdays, and school breaks will be shared or alternated.
  • Decision-making responsibilities: Who makes major decisions and how disagreements will be resolved.
  • Communication rules: Methods and expectations for parent-to-parent and parent-to-child communication.
  • Transportation and exchanges: Where handoffs occur and who is responsible for travel.
  • Contingency plans: Handling emergencies, illnesses, or changes in circumstances.

A Real-World Example

One arrangement we recently helped formalize kept the children in the family home during the school week while parents alternated weekends. This setup provided continuity and stability for the kids, minimized daily disruption, and reduced conflict between parents. Because the plan focused on the children’s needs and was clearly written, the court approved it without issue.

Making Your Plan Court-Ready

To gain court approval your parenting plan must be legally sound and clearly documented. Important steps include:

  1. Use precise, unambiguous language that explains schedules and decision-making authority.
  2. Address foreseeable issues so the court doesn’t have to interpret vague terms later.
  3. Include methods for resolving disputes, such as mediation or a neutral third party.
  4. Complete and file the required court forms accurately and on time.

At Divorce661, we focus on crafting child-centered, court-ready parenting plans. We prepare and file your paperwork correctly the first time and offer flat-fee, 100% remote services across California to keep the process affordable and amicable.

Tips for Keeping Custody Child-Focused and Low-Conflict

  • Put your children’s best interests first: stability, routine, and strong relationships with both parents.
  • Keep communication about logistics factual and focused on the kids.
  • Agree in writing to as many details as possible to avoid misunderstandings.
  • Use mediation or a neutral professional to resolve disputes before going to court.

Next Steps

If you’re facing custody decisions in California, you don’t have to handle it alone or turn it into a courtroom battle. I offer a free consultation to help you understand your options and start building a parenting plan that protects your children and your peace of mind. Visit Divorce661.com to schedule your free consultation and learn how we can make the process straightforward and child-focused.

Conclusion

Custody in California involves both legal decisions and physical living arrangements. By understanding the difference between legal and physical custody, favoring cooperative solutions, and creating a detailed, court-ready parenting plan, you can achieve an arrangement that supports your children’s well-being. If you want help crafting a plan or filing the necessary paperwork, reach out — I’m here to guide you every step of the way.

“Custody isn’t just about where your child lives; it’s also about who makes crucial decisions for them.”

What to Do If Your Divorce Papers Are Rejected in LA County | Los Angeles Divorce

Posted by Tim Blankenship on

 

What to Do If Your Divorce Papers Are Rejected in LA County

Introduction

I’m Tim Blankenship with Divorce661. If you filed your own divorce in Los Angeles County and just received a rejection notice from the court, don’t panic. I created a video that walks through exactly why rejections happen and what to do next. Below I summarize the practical steps, common mistakes, and how to get your case back on track quickly and correctly.

Why LA County Rejects Divorce Papers

Los Angeles County courts are strict about paperwork. With the shift to eFiling, even small mistakes can cause a filing to be kicked back. A rejection is not the end of your case—it’s a signal that something in the submission doesn’t meet the court’s requirements.

Common reasons for rejection

  • Incomplete forms: Required fields left blank or forms not fully filled out.
  • Missing attachments: Exhibits, attachments, or mandatory supporting documents not included.
  • Wrong signatures: Missing signatures, incorrect signatory, or unsigned declarations.
  • Improper formatting: Incorrect margins, font size, page numbering, or unpermitted redactions.
  • Wrong form versions: Using an outdated form or a non-approved version for the court.
  • Errors with eFiling: Uploading the wrong file type, corrupted files, or mislabeling documents in the filing system.

Why DIY and Online Form Services Often Lead to Rejections

Many people use online form services or try to handle the filing themselves to save money. What they discover is that those services don’t always account for local court rules, required attachments, or the precise formatting LA County expects. When the court rejects a package, you’re left to interpret the rejection notice and correct the problem on your own—often leading to wasted time and mounting frustration.

What to Do Immediately After a Rejection

Follow these steps to move forward without starting over:

  1. Read the rejection notice carefully. The court will usually identify why the filing was rejected. Note every item listed.
  2. Compare your submission to the court checklist. Cross-check forms, signatures, attachments, and form versions against LA County requirements.
  3. Correct the specific issues. Fix only what’s identified when possible—don’t change other parts unless necessary.
  4. Resubmit electronically. Make sure your corrected package follows eFiling guidelines: proper file types, correct cover sheets, and accurate document titles.
  5. If you’re unsure, get help. A quick review by someone experienced with LA County eFiling can prevent repeated rejections.

How I Help: Judgment Correction & Re-Filing Service

At Divorce661, we specialize in correcting rejected divorce cases in Los Angeles County. When a judgment or an entire case stalls, we:

  • Review everything you’ve submitted to identify the court’s reasons for rejection.
  • Correct forms, signatures, and attachments so they meet LA County rules.
  • Resubmit the package electronically with the correct eFiling protocol.
  • Follow up until the court approves the judgment or filing.

What to expect when you hire us

  • Flat-fee pricing—no hidden costs.
  • 100% remote service for all of Los Angeles County.
  • Experts in LA eFiling and local court requirements.
  • Fast turnaround so delays don’t drag on for months.

Real Client Example

One recent client had tried to submit their divorce judgment three times and was rejected each time. After hiring us, we reviewed the paperwork, corrected every issue, and resubmitted electronically within a week. The court approved the judgment a few days later and the client’s case was finally completed after months of delay. This kind of turnaround is common when the root causes are identified and addressed correctly.

How to Avoid Future Rejections

  • Use the most current court-approved forms—check the LA County website for updates.
  • Follow filing checklists and eFiling rules precisely.
  • Double-check signatures and dates before submission.
  • Label and organize attachments clearly so the court can find required documents.
  • When in doubt, get a professional review before resubmitting.

Conclusion and Next Steps

If your divorce papers have been rejected in LA County, remember: don’t panic. Most rejections can be corrected without starting over. If you need help diagnosing the rejection and getting your paperwork resubmitted correctly, visit divorce661.com to schedule a free consultation. We’ll review your situation, fix the errors, and help get your divorce finalized quickly and accurately.

“A rejection doesn’t mean you have to start over. In most cases, the issue can be corrected and the paperwork resubmitted.”

If you’d like help right away, go to divorce661.com and schedule your free consultation. We’ll handle the technical details so you can move forward.

Los Angeles County Divorce Laws: What You Need to Know | Los Angeles Divorce

Posted by Tim Blankenship on

 

Los Angeles County Divorce Laws: What You Need to Know

Introduction

Hi, I’m Tim Blankenship from Divorce661. In my video I walk you through the essential laws and local procedures that affect divorces filed in Los Angeles County. Below I summarize those points, explain what they mean for your case, and share practical tips to help you avoid delays and unnecessary costs.

Quick Overview

  • California is a no-fault divorce state — you don’t need to prove wrongdoing.
  • California follows community property rules — assets and debts acquired during marriage are generally split 50/50.
  • Spousal support and child support are determined by statutory guidelines and judicial discretion based on multiple factors.
  • Los Angeles County requires electronic filing (e-filing) with strict formatting and form requirements.

No-Fault Divorce: What That Means for You

California is a no-fault divorce state. That means the most common reason listed on petitions is “irreconcilable differences.” You do not need to prove cruelty, adultery, or other grounds to dissolve your marriage. The no-fault approach simplifies the process and often makes negotiations less adversarial, especially when both parties are willing to cooperate.

Community Property vs. Separate Property

California is a community property state. In general:

  • Assets and debts acquired during the marriage are presumed community property and are typically divided 50/50.
  • Separate property—assets you owned before marriage, gifts to you, or inheritances received during marriage—normally stay with the original owner.
  • Couples may negotiate a different split if both parties agree and the settlement is legally valid and fair.

Note: “50/50” is the starting presumption, but the final division can vary when spouses reach their own settlement through negotiation, mediation, or agreement.

Spousal Support (Alimony)

Spousal support is decided based on multiple factors, including:

  • Length of the marriage
  • Each spouse’s income and earning capacity
  • The standard of living established during the marriage
  • Contributions to the marriage (including homemaking and child care)

Temporary support often follows guideline formulas, but long-term or permanent support is more discretionary and usually resolved through negotiation or a judge’s decision considering the specifics of the case.

Child Custody and Child Support

When children are involved, the court’s top priority is the best interest of the child. Key points:

  • Parents are encouraged to create parenting plans that outline legal and physical custody and visitation schedules.
  • Legal custody covers decision-making authority (education, health care, religion); physical custody covers where the child lives.
  • Child support is calculated using a statewide formula that considers both parents’ incomes and the amount of time each parent spends with the children.

Working together to craft a parenting plan that reflects the child’s needs and each parent’s schedule is often faster and less disruptive than litigating custody disputes.

Los Angeles County-Specific Rules: e-Filing and Court Procedures

Although California divorce law is statewide, Los Angeles County has important local rules you must follow:

  • All divorce filings in Los Angeles County are handled through the Superior Court’s e-filing system.
  • Documents must be submitted electronically and conform to strict formatting and form-check requirements.
  • Missing forms, incorrect formatting, or improperly organized filings are common reasons for rejections and delays.

Many people trying to file on their own underestimate the e-filing requirements. Filing errors can cost weeks of delay and extra court filings.

Real Client Story: Why Proper Filing Matters

“We helped a client who tried filing on their own and had their case rejected three times due to formatting and missing forms. They came to us frustrated—we fixed and e-filed everything properly, and the court approved their judgment in less than two weeks.”

This example highlights two things:

  1. Small procedural mistakes—not substantive law—are a frequent cause of delay.
  2. Correcting those procedural errors and re-submitting through the e-filing system can lead to fast resolution once everything is in order.

Common Pitfalls and How to Avoid Them

  • Failing to include required forms or exhibits — check the Los Angeles Superior Court checklist before filing.
  • Ignoring formatting rules — margins, fonts, page numbering, and PDF bookmarking can all matter.
  • Missing local procedural steps — some local courts require specific cover sheets or proof of service formats.
  • Assuming informal agreements are enforceable — get your settlement and parenting plans properly documented and signed.

How I (Divorce661) Can Help

At Divorce661 we help clients understand California divorce law and navigate Los Angeles County’s e-filing process so their case is filed correctly and moves to judgment without unnecessary delay. Our services include:

  • Flat-fee pricing — no hourly billing surprises
  • 100% remote e-filing and judgment approval assistance
  • Guidance on community property division, spousal support, custody, and child support calculations
  • Document preparation and compliance with local court formatting rules

If you want help finalizing your divorce quickly and correctly, schedule a free consultation at Divorce661.com. We’ll take the guesswork out of the process and protect your rights every step of the way.

Conclusion

Filing for divorce in Los Angeles County means understanding both California divorce law and the county’s specific procedures—especially e-filing rules. Keep in mind the no-fault basis for divorce, the community property presumption, how spousal and child support are determined, and the importance of properly formatted electronic filings. With the right preparation and help, you can avoid common mistakes and get your judgment approved efficiently.

To learn more or schedule a free consultation, visit Divorce661.com.

SIMPLE Child Custody Order FL-341: Uncontested California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

SIMPLE Child Custody Order FL-341: Uncontested California Divorce

Navigating the child custody process during a divorce can often feel overwhelming, especially when faced with lengthy and complicated legal forms. However, when it comes to completing the SIMPLE Child Custody Order FL-341 in an uncontested California divorce, the process is much simpler than it appears. Understanding exactly what to mark on this form can save you time and avoid unnecessary confusion.

Understanding the FL-341 Child Custody Order Form

The FL-341 form is designed to outline custody arrangements between parents in California. Although the form itself may span several pages and present multiple options, it’s important to focus on the essentials. When submitting your judgment in an uncontested divorce, you only need to mark three key options:

  • Joint Legal Custody
  • Joint Physical Custody
  • Reasonable Right of Visitation

Marking these options accurately reflects the typical custody arrangement in many uncontested divorces, where both parents share legal and physical responsibilities for their child and reasonable visitation rights are established.

Why Only These Three Options?

While the FL-341 form includes four pages of possible choices and checkboxes, many of these are more applicable to contested custody cases or situations requiring detailed specifications. In uncontested divorces, simplifying the process helps avoid delays and streamlines court approval.

By focusing solely on joint legal custody, joint physical custody, and reasonable visitation rights, parents clearly communicate the shared responsibilities and access arrangements without overcomplicating the judgment. This approach aligns with the goal of uncontested divorces: reaching an amicable agreement that serves the best interests of the child efficiently.

What Do These Terms Mean?

Joint Legal Custody

This means both parents share the right to make important decisions about their child’s upbringing, including education, healthcare, and religious training. Joint legal custody emphasizes cooperation and communication between parents.

Joint Physical Custody

Joint physical custody means the child spends significant time living with both parents. This arrangement ensures the child maintains a strong relationship with each parent and benefits from their involvement in daily life.

Reasonable Right of Visitation

Even with joint physical custody, establishing a reasonable visitation schedule is crucial. This ensures that both parents have fair and consistent access to the child, which supports stability and routine for everyone involved.

Final Tips for Completing Your Custody Judgment

  • Keep the process straightforward by only marking the three essential boxes.
  • Double-check that your selections reflect the actual custody agreement between you and the other parent.
  • Consult with a family law professional if you have questions or if your situation involves complexities beyond a standard uncontested divorce.

Remember, the goal is to create a clear, concise custody order that the court can approve quickly, helping you move forward with your divorce and focus on what matters most: the well-being of your child.

Conclusion

Completing the SIMPLE Child Custody Order FL-341 form doesn’t have to be complicated. By concentrating on marking joint legal custody, joint physical custody, and reasonable visitation rights, you simplify the process and help ensure your custody judgment is accepted without unnecessary delays. This straightforward approach is ideal for uncontested California divorces and supports a cooperative parenting arrangement.

For anyone navigating this process, keeping it simple is the key to success.

 

Los Angeles County Divorce Laws: What You Need to Know | Los Angeles Divorce

Posted by Tim Blankenship on

Los Angeles County Divorce Laws: What You Need to Know

Navigating a divorce can be overwhelming, especially with the complex legal landscape in Los Angeles County. Fortunately, understanding key California divorce laws can simplify the process and help you avoid common pitfalls. In this article, we break down essential information about no-fault divorce, community property division, spousal support, child custody and support, and the strict filing requirements unique to L.A. County. Whether you’re just starting or already in the middle of proceedings, these insights from Tim Blankenship at Divorce661 will empower you to take control of your future.

California’s No-Fault Divorce: Simplifying the Process

One of the foundational aspects of California divorce law is its no-fault divorce system. This means that you don’t need to prove any wrongdoing—such as adultery or abuse—to file for divorce. The court does not require evidence that either spouse caused the marriage to fail. This approach simplifies the process and reduces conflict, allowing couples to focus on resolving practical matters rather than assigning blame.

Community Property Laws: Equal Division of Assets and Debts

California is a community property state, which means that most assets and debts acquired during the marriage are divided equally—50/50—between spouses. This includes income, real estate, vehicles, and debts like credit cards or loans incurred during the marriage. Understanding this principle helps prevent surprises and disputes when dividing property.

What Counts as Community Property?

  • Income earned by either spouse during the marriage
  • Property bought with community funds
  • Debts incurred during the marriage

However, property owned before marriage or received as a gift or inheritance usually remains separate.

Spousal Support: More Than Just a Formula

Spousal support, often called alimony, isn’t determined by a simple equation. Instead, courts consider multiple factors, including:

  • Each spouse’s income and earning capacity
  • The length of the marriage
  • The standard of living established during the marriage

Because of these variables, spousal support amounts can vary widely. Knowing these factors in advance helps set realistic expectations and facilitates smoother negotiations.

Child Custody and Support: Prioritizing the Child’s Best Interests

When children are involved, custody and support arrangements center on what’s best for the child. California uses a statewide formula to calculate child support, aiming for fairness to both parents while ensuring the child’s needs are met.

Custody decisions are guided by the child’s welfare, with courts encouraging arrangements that promote stability and ongoing relationships with both parents whenever possible.

Strict E-Filing Requirements in Los Angeles County

Los Angeles County has specific rules for divorce paperwork, including mandatory electronic filing (e-filing). The court enforces strict formatting and form requirements, and failure to comply can lead to repeated rejections and delays.

“One client had their paperwork rejected three times trying to file on their own. We corrected the mistakes, refiled everything, and got it approved in under two weeks—no court appearance needed.”

This example highlights the importance of accuracy and attention to detail in filing. Ensuring your documents meet all court specifications prevents unnecessary delays and frustration.

How to Navigate the Divorce Process Smoothly

Understanding these key legal aspects is just the beginning. To truly streamline your divorce, consider professional assistance to:

  • Ensure all paperwork is correctly completed and filed
  • Avoid costly errors that lead to court delays
  • Minimize or eliminate the need for court appearances
  • Keep the process as stress-free as possible

Working with experts who know the ins and outs of Los Angeles County’s divorce system can save you time, money, and headaches.

Take Control of Your Divorce Today

Divorce doesn’t have to be complicated or drawn out. By understanding California’s no-fault laws, community property rules, spousal support factors, child custody priorities, and L.A. County’s strict filing requirements, you can navigate your divorce more effectively.

If you’re considering divorce or currently facing the process, visit Divorce661.com for a free consultation. Let experienced professionals handle your divorce from start to finish—accurate, efficient, and court-free.

Make informed decisions today and take control of your future with confidence.