Family dynamics can vary significantly depending on the people involved, their financial circumstances, and any number of other factors. When it comes to divorce, these dynamics can have a significant impact on how certain issues are addressed. For example, as we discussed last week, those who are in relationships where domestic violence occurs may be able to use evidence of that violence to buttress their case for sole physical and legal custody, as well as to limit the other parent's visitation.
Domestic violence is far more common than most Californians realize. Too many individuals, both male and female, are exposed to physical violence, as well as verbal and emotional aggression that leaves them seriously harmed, afraid for their safety, and forever damaged. Making matters worse is that fact that an estimated 15 million children live in homes where domestic violence occurs.
Regardless of whether a Californian is on the receiving or paying end of child support, the matter can become quite difficult. Custodial parents may struggle when they fail to receive the support they are owed, and noncustodial parents may find themselves facing their own financial stressors when their obligation is more than they can afford. Yet, the penalties for failing to pay child support can be much harsher than the financial strain it can place on a noncustodial parent.
A few weeks ago we discussed the legal importance of paternity. Whether you think you are the father of a child and want to secure your father's rights or a mother looking to collect child support, this issue can be crucial to you and your family's future. The same holds true for all child custody and child support issues. Relocation can be a contentious issue where careers and relationships can be put at risk, and custody modification battles can leave parents fighting over what they believe is in their child's best interest.
When it comes to family law issues, most individuals consider issues regarding their children to be the most important. Whether an individual is dealing with child custody and visitation, child support, or even property division, thinking of one's children can reshape how these critical issues are approached. For many Californians, though, these matters may not even be addressed until paternity is established.
Parents have a lot to figure out, including scheduling around school and extracurricular activities, planning meals, and figuring out how to make ends meet. Yet, as stressful as this may seem, it can pale in comparison to the thought of losing custody of a child. But many Californians find themselves in this position. Whether as a result of a nasty divorce or an unmarried couple's inability to agree, a child custody dispute can become extremely heated. However, all parties, and the judge, should be keeping an eye on what further the best interests of the child.
It's no secret that divorce can be expensive. Sure, most individuals have to pay legal fees, but the majority of the costs come in the form of property division, child support, and spousal support. Depending on the outcome of these issues, an individual can be left well-positioned for post-divorce life or face significant financial hardship. This is why it is critically important for Californians to protect their legal rights and aggressively argue their positions when these matters cannot be settled through negotiations.
Although money is certainly a concern for many Californians who are going through a divorce, for many of them, child custody and visitation are also critical factors. Some couples are able to resolve this matter amongst themselves, but sometimes, whether due to negative animosity or a real concern for their child's well-being, some couples are not able to reach an agreement regarding custody and visitation. In these instances the issue will be decided by a family law judge who knows nothing about the family other than what is presented to him or her. Yet, as we have discussed previously on the blog, this judge will try to base his or her decision on what supports the best interests of the child.
Ending a relationship, particularly if it is through divorce, can wreak financial havoc on an individual's life. Sure, these individuals have to find a way to divide their assets and figure out whether alimony is appropriate, but they might also have to deal with child support matters. Regardless of which side of a child support one finds him or herself, the matter can be highly contentious for a variety of reasons. Chief amongst them is nonpayment. Another, and somewhat related issue, is child support modification.
Child custody is one of those family law issues that is never truly resolved. Whether you are preparing for divorce, figuring out parenting time with your child's other parent, or seeking to either obtain more parenting time or restrict your child's other parent's visitation, you are in for a potentially contentious battle. These confrontations arise, obviously, because each side holds different beliefs with regard to what they think is best for their children. However, when parents are unable to resolve these matters on their own, a judge will be left to decide child custody and visitation.