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Types of Child Custody in California Explained: How Do They Differ?

July 8, 2022June 27, 2022 by wpadmin

Some of the most complicated cases in family court are child custody battles. Custody can be an issue that is resolved during marriage proceedings, or it can be something that needs to be resolved between parents that aren’t legally married.

You and the other parent can reach a mutual agreement on custody arrangements. However, if you cannot agree on the issue, the court will step in to decide the issue for you.

If you are trying to work out custody with your child’s other parent or are currently involved in a custody battle, it’s essential to know your options. This article will discuss the types of child custody in California.

Types of Child Custody

When deciding child custody, courts consider what’s in the child’s best interest. In California, the judge will decide between four custody options. Here is a breakdown of each.

Legal Custody

Legal custody determines which parent (or both) will have the right and responsibility to make decisions about the child’s health, what school they attend, where they will live, and what religion they will practice. The two types of legal custody are:

Sole Legal Custody means that one parent has the exclusive right to make these decisions for the child. (CA Fam. Code § 3006)
Joint Legal Custody means that both parents will be responsible for making these decisions. (CA Fam. Code § 3003)

Most of the time, the court prefers to grant joint legal custody to allow both parents to be part of the child’s life and to allow equal input from each parent on important decisions in the child’s life.

You must remember that even if you are granted joint legal custody, if there are issues that come up that both parents can’t agree on, you’ll have to go back to court, and a judge will decide what is in the child’s best interest.

The courts may choose not to grant joint legal custody in some cases. This may happen if one of the parties has a history of severe mental health issues, has been incarcerated, has a history of domestic violence, or if the judge feels that one of the parents shouldn’t be responsible for making decisions for the child.

Physical Custody

Physical custody determines with which parent the child will reside. The two types of physical custody are:

Primary physical custody means that the child will live with one parent, and the other parent will likely have visitation rights. (CA Fam. Code § 3007)
- If you have been granted visitation rights under a custody order, there are different types of visitation as well.
  - Scheduled visitation sets exact dates and times when you can spend time with your child.
  - Reasonable visitation allows both parents to be flexible on the dates and times of visitation.
  - Supervised visitation occurs when the child’s safety and well-being are in question. During supervised visitation, the visit will be supervised by the other parent, a professional agency, or another trustworthy adult.
Joint physical custody means that the child will live with both parents. The goal of this arrangement is to allow the child to have continuous and frequent contact with both parents. While the child will live with both parents, the time with each may not be equally divided due to obligations such as school or work. (CA Fam. Code § 3004)

Sole Custody

Sole custody gives both legal and physical custody to one parent. That means that the child would live with one parent, and that parent would be exclusively responsible for making all important decisions in the child’s life.

Joint Custody

When joint custody is granted, both parents have physical and legal custody of the child, and both have an equal right to make all important decisions in the child’s life. The child may also live with both parents, although the time may not be split equally due to other obligations such as work and school. (CA Fam. Code § 3002)

Let Azemika Law Answer Your Child Custody Questions

If you’re going through a divorce involving children and you have questions related to child custody, enlisting the assistance of an experienced family law attorney is essential. Your attorney can answer any questions and help ensure that you are doing everything in your power to protect your parental rights.

At Azemika Law, our law firm’s practice is devoted exclusively to family law. Our partners have a combined total of over 56 years of experience in family law. Our goal for every client is to provide knowledgeable, aggressive, affordable representation to achieve their goals in a timely fashion.
Contact us today for a consultation.

Should I File for Divorce First and Will it Matter in California?

July 8, 2022June 20, 2022 by wpadmin

If you’re thinking of divorce, you may be hesitant to be the first one to file for divorce. It may be because you aren’t quite sure if divorce is the solution, or it could just be that you’re not sure how to proceed, or you are wondering if it’s good or bad to be the one who files first.

Family law can be complex, so the answer to that question depends on your circumstances. It can matter, but other times it won’t. We’re going to look at the advantages and the disadvantages of being the first to file for divorce and find out when it matters.

Possible Advantages

Sometimes there are benefits to being the first to file for divorce. Things such as how amicable the breakup is, the location of each spouse, each spouse’s income, and their access to funds can determine how beneficial it would be.

Here are some of the benefits of being the first to file for divorce.

You choose the county to file in. The Petitioner is the spouse who files for divorce first, and the Petitioner chooses where the divorce will be filed. If you live apart from each other, or if you live far away from your spouse, this can help prevent you from having to deal with matters from a distance or having to travel for proceedings.
You control how fast the proceedings move. This is particularly important if the responding spouse (the Respondent) doesn’t file a response within thirty days of being served the Petition. When this happens, the courts are likely to enter a default against them and proceed without them.
You’ve had time to plan. If you’re the first to file, you’ve taken your time to research a divorce attorney, get the required paperwork together, and emotionally prepare for the divorce. The Respondent has not. They only have thirty days from the time they are served the petition to research and choose an attorney, provide the necessary paperwork, and file and serve their Response, all while trying to get prepared emotionally.
You get to present your case first. If you end up in court, the Petitioner presents their case first. In this case, it could be an advantage or a disadvantage. It can benefit you to have the court hear your side first. However, that gives the Respondent time to adjust their case strategy based on what you have presented to the court.
You can protect assets and property. Everyone has heard the divorce horror stories about one spouse taking everything and disappearing. And although it may not happen frequently, it does happen. Filing immediately can allow your attorney to work to protect you and your future. As soon as a Petition for divorce has been served, Automatic Temporary Restraining Orders go into effect to keep both spouses from transferring assets.

Possible Disadvantages

There are also some possible disadvantages of filing for divorce first. Some of these disadvantages are:

Reconciling is likely no longer an option. If you’ve had any thoughts about reconciling with your spouse, being the first to file will likely be a firm ending to the marriage.
You have to pay the fees. When you file the Divorce Petition you will be responsible for paying the initial filing fee which will cost you about $435. And if you and your spouse can come up with a full marital settlement agreement, the Respondent may end up avoiding paying their own filing fee.
Your demands are known. Often, the Petitioner will include a proposal for the division of debts and assets in the Petition. That means the Respondent will know all of your demands.

Do You Still Have Questions? Azemika Law Can Help

Most legal experts believe that there isn’t really a legal advantage to filing for divorce first since California is a no-fault divorce state. If you feel like your marriage is ending, it’s essential to discuss your case with an experienced divorce attorney. Your attorney can help you decide what is in your best interest.

The team at Azemika Law knows how difficult divorce can be. We have helped clients navigate the complexities of divorce for over thirty years. You can trust that our team is well-equipped to provide you with the dedicated legal advocacy that you need.
Contact us today for a consultation.

What Is A Summary Dissolution in California?

June 13, 2022June 12, 2022 by wpadmin

Separating you and your partner’s lives is a complicated procedure, and can involve lots of paperwork. It’s common for those divorcing to seek out a divorce attorney, to prepare forms prior to trial and help clients through their case. When filing for a divorce, property, assets, and debt is divided between both individuals; Custody of children must be agreed upon before their divorce is finalized.

In California, any time you seek to dissolve a marriage, it is considered a traditional divorce but is not the same as legal separation. A legal separation is commonly seen with spouses who don’t necessarily wish to end their marriage, but still have court ruling for issues like child custody.

While ending any relationship is difficult, some couples with specific requirements may have an easier and more cost-effective way of divorcing by means of summary dissolution.

Summary Dissolution vs. Divorce

A regular dissolution is the same thing as a divorce, that takes time, money, and typically involves hiring a trusted attorney. A summary dissolution is a less complicated version of the divorce process. Couples who qualify deal with less paperwork, on top of not having to appear in court for a trial. Both must file a Joint Petition for Summary Dissolution, and must be prepared with a property settlement agreement.

Additionally, couples will need to prepare a Judgment of Dissolution and Notice of Entry of Judgment. A summary dissolution will officially end the marriage 6 months after the required paperwork has been filed. Within those 6 months, couples may choose to not get a divorce at all and revoke their dissolution or may find that they want to file for a regular divorce if problems have exacerbated since the original filing.

Requirements for a Summary Dissolution in California

Summary dissolutions have specific requirements regarding their reasoning behind the dissolution. This includes residency requirements, the length of marriage, children from the marriage, marital and separate property, waivers of rights to appeal and more.
These requirements are necessary for a couple to file for a summary dissolution in California:

Both individuals agree to dissolve the marriage or domestic partnership due to irreconcilable differences
One spouse is required to have resided in California for at least 6 months, and for at least 3 months specifically in the county where the divorce is being filed
There are no children in the relationship, before or during the marriage, or adoptions during the marriage, and that both parties knowingly are not pregnant
The marriage has been for no longer than 5 years of the date of separation
Neither party owns real estate, or in a lease with options to purchase, unless the lease is terminated within one year from the date of filing the petition
Assets or debts acquired during the marriage are valued less than $25,000, excluding cars
Neither party has more than $25,000 in separate property acquired prior to the marriage
Neither party has accrued more than $4,000 in debt since the beginning of the marriage, excluding car loans
Both parties agree to waive spousal support
Both parties have read and understand the summary dissolution
The individuals both agree the court should dissolve the marriage
You waive your right to appeal once the court enters the summary dissolution

Filing for a Summary Dissolution

Preparing Your Summary Dissolution

Married couples must file a joint petition in order to receive a summary dissolution in California. Both spouses must sign the petition that states:

Both spouses meet all conditions for a summary dissolution
Each spouse’s mailing addresses
If one of the individuals would like to return to a former name, and what that name is

Both spouses also are required to fill out and share documents exhibiting property, income, and expenses, including:

A declaration of disclosure
A schedule of assets and debts, or a property declaration
Tax returns from the last 2 years
Written information about investments owned by a spouse after the separation, if they existed when the couple was still together

File the Summary Dissolution Papers and Settlement Agreement

Always be sure to make copies of your exchanged documents, and the settlement agreement for you and your spouse. When filing your paperwork, you’ll need to complete a settlement agreement, as well as pay a filing fee when you file your petition and other documents with the court clerk. A “fee waiver” is available if you are unable to pay for the filing fee.

You can find your county’s court clerk’s office online, and that is where you will send your petition, required disclosure documents, filing fee, and two self-addressed stamped envelopes for both parties.

If all legal requirements are met, the court will issue a judgment of dissolution and notice of entry of judgment, which lists the date of your divorce 6 months after you file. You are unable to remarry until the judge issues the dissolution and notice of entry.

There are no court hearings required for a summary dissolution in California. You will be given a judgment of dissolution when you file your petition and other documents, or you will receive it in the mail at a later date.

Seeking Options and Legal Guidance

Experiencing any life changes can be a difficult and emotional time. Having a trusted attorney to process all paperwork needed can make things easier on you and your spouse. At Azemika Law, we’re here for you with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible during this turbulent phase.
For complete representation in divorce or domestic dissolution, contact us today to help you create effective resolutions and a better future.

What Does California Consider An Unfit Parent?

June 13, 2022June 2, 2022 by wpadmin

When it comes to divorce, it is typically caused by irreconcilable differences between a couple. Unfortunately, this may form distrust for their new ex-spouse, and both might attack one another’s ability to effectively care for their children. When this happens, the court will become involved, and a professional evaluation will be conducted to determine joint or sole custody between the parents. The court’s duty is to always rule with the best interest of a child, and have criteria for what makes a parent fit for raising their children.

What Is An Unfit Parent?

Saying that someone is an “unfit parent” over not meeting specific standards for raising children has been casually used by people in conversation, but in divorce law, an unfit parent actually is a legal term used when determining custody. By parent request, or ordered by the court, a child custody evaluator can be used to examine both parties, their homes, and their relationship with their children. Additionally, a child custody evaluator may interview the children’s therapists, other caregivers, teachers, and any other adults in the child’s life. There are a few factors that are under review when determining a parent’s fitness:

Any history of physical abuse, substance abuse, domestic abuse, or incarcerations: While it is rare for California judges to completely cut parents off from contacting their children, if there is enough significant evidence and proof given, and not just claims from the other parent, these circumstances can deny custody or visitation rights for either party.
The parent’s ability to make appropriate decisions for a child: The court requires a parent to make responsible, and age-appropriate, limitations for their child.
How does the parent understand and respond to their child’s needs?: A parent needs a functional relationship with their child, and how the parent responds to what their child needs and any changes in behavior.
Involvement of the parent in the past: A parent’s history with their child is especially important; if the parent has been absent, or heavily relied on others for the care of their child, this can hinder the determination of custody.
How conflict is handled between both parents regarding custody: A past with uncooperative behavior will likely be counted against each party, and if they are unable to handle conflict appropriately going forward.
The child’s opinion: In some cases, children that are over the age of 12 and able to articulate their wishes will be heard, and their opinions considered.
Work schedules and time spent with the child: Parents who work out of the area, or who have extensive or odd hours might make them unable to provide proper supervision for their child. The court may want to see a parent relocate, or change jobs, to see willingness in providing a stable home life.
Mental illness: Mental illness does not always affect custody decisions if it doesn’t threaten the welfare of the child, especially if the parent is seeking treatment.

A child custody evaluator can not give any preference to either parent’s gender. Race, sexual orientation, religion, or one’s financial status does not hold any weight when determining parental fitness.

If a parent is found unfit, the evaluator may suggest visitation schedules for said parent. These visitations can be supervised, limited, or denied based on different circumstances. When neither parent is found to be a threat to their child, and joint custody is possible, the parents will be able to work with the evaluator to limit conflicts, and make parenting plans to move forward.

Seeking Experienced Attorney Help

It’s important to consider that while it may be easy to focus on what makes the other parent “unfit”, ultimately decisions made should truly be in the best interest of the child. Legal guidance can provide more stability, ensure rational resolutions, and help move through conflict. Also keep in mind that your children are affected by your behavior, and reducing arguments between you and your ex can provide more benefit during this turbulent time when creating this new chapter for your family.

If you have any concerns about being able to prove your fitness as a parent, having a reliable attorney is an indispensable asset, as your attorney will help you gather evidence to support your position and prove that you can be a fit parent for your children. When your child’s well-being is at stake, it’s essential to seek out an experienced family law attorney who can make sure you are advocated for.

At Azemika Law, we’re here for you. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County for 28 years, we at Azemika Law give attentive support, with the best interest for your child. Contact us today to help create effective resolutions and build a clear, better future for both you and your children.

Why Should I Hire A Lawyer For An Uncontested Divorce?

June 6, 2022May 23, 2022 by wpadmin

People often think that divorce ends in drama and anger, but sometimes there are couples who can handle their separation with grace. In an uncontested divorce there isn’t much fighting for what belongs to whom and both spouses agree on the issues in relation to their divorce.

It is often thought that because you are able to process your divorce with no issues, you may not need a divorce lawyer. But even with the most amicable dissolution of a marriage, there are many factors involved in the divorce process that can be overlooked without the insight of a lawyer.

Why Would I Need a Lawyer for an Uncontested Divorce?

Regardless of how both spouses feel about the divorce, you can face financial or child custody issues later if you are not familiar with the legal system and complex divorce laws. Luckily an uncontested divorce is easier to maneuver through than a traditional divorce. There are still legal factors to consider when you qualify for an uncontested divorce, but there is generally less negotiations, court hearings, and going back and forth with paperwork.

Requirements for an Uncontested Divorce in California

To have an uncontested divorce in California, there is specific criteria to be met:

One spouse must have lived in California for the previous six months, and the three pervious months in the county where the divorce is being filed
Both spouses must be willing and able to sign all necessary paperwork
Both spouses must agree on all the issues in settlement, like division of property, spousal and child support, and custody

DIY divorces might seem appealing, but those who choose the quick and easy route end up spending more time and money when attempting to fix what they caused by trying to do things themselves.

Let’s look at a few reasons why you need a lawyer for an uncontested divorce.

Expertise and Knowledge of the Law

With years of experience, a lawyer has handled all sorts of divorce cases, and knows the necessary legal documents and court process. Without proper information you can wind up paying more or receiving less for child support or alimony. There may be questions you have when attempting to do your own divorce, and with no legal counsel you may file paperwork incorrectly and prevent you from moving forward.

Divorce lawyers are able to take guesswork out of the process and stay up to date with the case as it progresses. Even when both parties agree on all matters surrounding the divorce, a divorce attorney can quickly and efficiently complete all forms and documents necessary while keeping you on track throughout the process.

To make sure your agreement is accepted, there is often specific language needed in the order for the judge to approve the settlement you are requesting. Those who decide to represent themselves often end up with an unnecessary longer process than those who use an uncontested divorce attorney.

Protect Your Rights and Properly Divide Assets

Unfortunately there are some people who sign divorce papers without consulting a lawyer and find themselves losing out on property settlements, alimony claims, and having to carry additional unforeseen debts.

A divorce may start out peaceful, but once money, property, and child custody matters come into play, emotions may flare and tension is created. While it may sound like a good idea to quickly get your divorce over with, there is the possibility of being taken advantage of in this situation. A divorce lawyer can properly make suggestions, protect your rights and help create a fair settlement that works for all parties involved.

With California being one of a few states that follow community property laws, the courts will divide your property and debts equally during a divorce case. With an uncontested divorce, you are able to decide on property division without having the courts involved. A lawyer will be able to review your property division agreement, and offer the best course of action to keep things fair and even.

Dedicated to Your Individual Case

Even the most straightforward divorces pose their own challenges, and while separating your life is hard, having to handle a divorce case on your own can bring on more stress. A trusted divorce lawyer will take your case and work tirelessly on it, giving you time to cope, have confidence in your case, and offer peace of mind that your divorce is being done correctly and documented properly.

Protect Your Interests with Azemika Law

At Azemika Law, we have been devoted to family law for 28 years. Our lawyers are here to represent you through your divorce and provide an easy and peaceful transition into your new life. We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we look forward to assisting you when you need it the most.
We’re here to help. Contact us today for a consultation and find the right divorce attorney for you.

Why DIY Divorce Is A Bad Idea

June 6, 2022May 13, 2022 by wpadmin

With so much access to information online, it seems easy enough to file a divorce and represent yourself in court. While online DIY might work for learning a hobby, handling your own legal matters can end in serious consequences.

Regardless if a couple is in agreement over everything or completely the opposite, the divorce process can be complicated and by failing to adhere to court procedures you can risk your property and custody rights.

Is a Lawyer Required for a Divorce?

It is not legally required for you to have a lawyer when filing for divorce, but depending on certain factors like property ownership or child custody, it may be in your best interest to hire an attorney to aid in the process. An attorney will have experience and knowledge of the law to help better your position and are well versed with court proceedings to help your divorce be successful and peaceful.

DIY Divorce Dangers

When filing for divorce, it’s understandable that most want the process over with as quickly as possible. Forgoing the help of an attorney sounds like it could help you save time or money, but you can end up doing the opposite and put yourself in a worse position.

Financial Risks

When hastily agreeing to divorce terms in order to speed up the process, one might wind up choosing things that are not in their best interest. It’s crucial to not make any mistakes when it comes to important court documents, and not following the correct procedures can result in significant or unfair financial losses, a longer drawn out battle in court, and having to re-file everything with the help of an attorney later.

Issues to be dealt with during a divorce include shared property or debts, bank accounts, investments, retirement accounts, and spousal support or alimony.

Child Custody and Support Risks

Without the help of an attorney, even if you do see eye to eye with your former spouse, you can be at risk of court orders that you don’t agree with. You can have previous agreements or be on the same page regarding important matters, but emotions and opinions can alter when it comes to actually filing your paperwork.

There are different child support and custody issues like equitable time with each parent, childcare expenses, educational or extracurricular necessities, special or medical needs of the child or the parent, where the children and parents will both live, and how work schedules can impact visitations. When you work with a lawyer, you can successfully come up with a plan that outlines custody, visitations, and other support agreements that will work for everyone involved.

Lack of Advice and Knowledge

Handling your own divorce means you may miss out on vital advice from someone who has legal authority and understands divorce cases thoroughly. Every divorce has different situations, and experienced divorce attorneys will be able to tackle anything from property distribution to child support with past experience and understanding of the law in your state. Missing deadlines, failing to agree about certain items, incorrectly filling out forms, or not providing the required documents can end up impacting your divorce and create more issues for you.

Additional Stress

It can offer you some peace of mind while you’re already going through such a difficult situation to have a trusted attorney working on your case. When treading in unfamiliar territory while already in a heightened emotional or stressed state, you are much more prone to accidents that could have been avoided if your case was in the hands of a lawyer.

Hidden Assets and Dissipation of Assets

In California, it is required by law that all income earned and debts acquired during the marriage is to be split 50/50 regardless of how it was earned, who earned it, or whether one spouse had much greater earnings during the marriage than the other.

When a marriage is ended with bitterness and resentment, it is often that a spouse believes they are entitled to more of the marital income and property than the ex spouse, leading them to attempt hiding assets or income from the court.

A lawyer has the resources to help you investigate hidden assets and understand how to use the law for a better advantage and hold your ex spouse accountable if this happens.

Protect Yourself in Divorce with the Right Lawyer

Finding a lawyer when going through such a difficult process can feel intimidating. At Azemika Law, we’re here to represent you with our practice that has been devoted to family law for 28 years. We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions.

Serving all of Kern County, we are here to help you make informed decisions to provide an easier transition and successful outcome with your divorce case.
Don’t take the risk with a DIY divorce, contact us to find the right experienced lawyer for you to make sure you feel confident and supported throughout your divorce process.

How To Prepare For Your Child Custody Hearing

June 2, 2022May 3, 2022 by wpadmin

Getting divorced is a stressful situation to begin with and when you have children it can be that much more scary, upsetting, and worrisome. When you and your former spouse are unable to come to your own agreement, you both will need to attend a child custody hearing to have a judge decide what is in the best interest of your child.

Despite the emotions you may have at the moment, it can be extremely helpful to plan ahead and be prepared for your hearing to present a convincing case and increase your chances of having a custody arrangement that falls within your goals.

Below we can take a look at ways to build a persuasive child custody case.

Familiarize Yourself with the Law

Learning how the hearing process works can make you feel more confident before attending court. There are laws that come with custody and parental responsibilities, and unless the court says otherwise, you will share the parental responsibility with the other parent.

Your family law attorney can describe what usually happens in these hearings, and give you an idea of what to expect the day of. There are different types of child custody, and exploring your options of legal custody and visitations can be beneficial for both you and your child.

Providing Documentation

Your lawyer will tell you exactly what type of documentation you might need for your hearing. Common documents that can be helpful for your case are:

Call logs and text messages confirming that you and your child are in constant contact and able to get a hold of one another
Photographs of you and your children together
A visitation log that plans out when you will see your children, how much time you spend with them, how often you will speak to your children during visitations. A log can also help keep track of either parent’s cancellations, or when they have missed time with their children.
Medical records for your children, especially if they have any diagnosed health conditions that proves they need access to regular treatment
Proof of regular child support payments
School documents like attendance, additional tutoring, and grade reports
Any supporting evidence you are comfortable with the other parent’s possession and time with your children

The goal with providing proper documentation is to ensure that you are always putting the best interest of your children first. Judges will look for clear proof that you will support, provide, love, and protect your children. It is also important to demonstrate that you and your former spouse will be supportive of your children having a healthy relationship with the other.

Courtroom Etiquette and Appearance

Even if you are in a heightened emotional state, it is important to have proper courtroom etiquette. Having emotional outbursts, making accusatory statements, or raising your voice can be counted against you and potentially hurt your case. Remember that this is about your child, and you want to stay focused on your goals.

It’s understandable to have things get under your skin, and running through some roleplay scenarios with your lawyer can help you stay cool and collected in the courtroom the day of your hearing.

While it is unfair that judgments can be made on appearances alone, it is important to dress appropriately to make the best first impression to the court. This does not mean having to wear the most expensive attire, but it simply should present you as a responsible adult and not call unwanted attention to yourself.

Manage Your Expectations

Your attorney will be able to educate you on the potential risks and rewards of going to court, and they will be advocating for you and help you make the most out of your time during your hearing. Typically, child custody hearings are less combative than other court cases, and are not heard before a jury. Your case will be presented in front of a judge, and they will be able to make an immediate decision. You do have the right to appeal the order if you disagree with the custody arrangement.

Seeking Help for Your Child Custody Case

It can feel overwhelming to go through this process when you care about your children and just want the best for them in the future. At Azemika Law, we’re here for you during this emotional time with our practice that has been devoted to family law for 28 years.

We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we want you to have the best opportunity to achieve your goals and build a happy future with your family.
For representation, support, and guidance during your child custody hearing, contact us today to speak with one of our family law attorneys in Bakersfield.

What Should Be Included In A Parenting Plan?

June 1, 2022April 9, 2022 by wpadmin

We always want the best for our children, and when going through a divorce it can be a significant task to plan what co-parenting will look like between you and your ex-spouse. A parenting plan can make raising your children in separate homes a little bit easier, and acts as a great point of reference for the future when difficult parenting situations arise.

When writing out your parenting plan, there are many topics to consider. While it can be difficult to plan for unforeseen circumstances in the future, remember that writing this plan is centered around your children’s well-being and quality of life.

What is a Parenting Plan?

A parenting plan is a document that outlines the parenting schedule agreed by both parents. This plan will include things like where the children will live during the week and weekends, who is responsible for picking up and dropping off at school, and other activities throughout the week. A parenting plan can also include things like summer vacation plans, holidays, and other special days worth being mentioned.

Each parenting plan is personalized and tailored to each parent’s concerns, values, and priorities. Many states require parenting plans as it can help reduce disagreements, take stress off both parents and their children, and help the divorce proceed easier.

Parenting Plan Checklist

Parenting Schedule

A parenting schedule determines how time will be divided for each home. This includes time taken to travel to one another’s house, who will be driving your children in this exchange, or if you plan to meet or drop off your children at a predetermined, safe location.

Holidays and Other Special Dates

Holidays, school breaks, vacations, and other special occasions with your family will need to be included in the plan. It can be beneficial to set a pattern in scheduling to help in future years.

Travel and Vacations

Having your children travel with your ex spouse can cause some anxiety to some, so communicating how far in advance trips need to be planned and how expenses will be paid for can make things easier for both parents.

Schedule Changes

Consider how much time ahead is required to propose any changes in your parenting schedule. Include how you each will communicate about changes, and how sudden changes will be determined in case of emergencies.

Important Upbringing Decisions

How you will make decisions about your child’s health care, discipline, religion, family time, and schooling should be discussed within this plan. When co-parenting, the court may already have decided most of this for you, but having these expectations communicated clearly in a parenting plan is necessary to refer back to.

Expenses

School tuition, medical expenses, hobbies, food, clothing, and much more that goes into the price of raising a child should be discussed ahead of time between both parents. While most of this will be determined in court ruling, it is still important to keep these details in your plan.

Communication

When you or your co-parent is not present with your children, make sure to include how you will communicate with your kids in your parenting plan. Phone calls, online messaging, text messages, or video chatting are all different ways of staying in touch with your child while they’re away. This is important to plan especially if one parent may not be able to be with their child as much as the other.

Determining how you and your co-parent will communicate in the future is also important, defining the types of information you will need to discuss and how often communication is necessary.

Legal Aspects

Physical custody refers to the right and responsibility to supervise their child. Sole physical custody means that their children will reside with one parent, and the other non-custodial parent may have visitation rights if the court believes that visitation is required for the child’s well-being. Parents that have joint physical custody is where the child lives with each parent for specific periods of time.

Child Custody and Visitation Guidance with Azemika Law

If timing cannot be agreed upon and both parents are unable to come to an arrangement, you will need to go to court and a judge will make custody decisions based on the best interest of your children. A neutral third-party mediator can help parents resolve their issues, and be able to offer advice with experience from other cases they have seen successful.

At Azemika Law, we’re here for you with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for your future.

Contact us today to find a family law attorney that can help you create effective plans and build a happy future for you and your children.

Why Hiring A Divorce Attorney Is So Important

May 10, 2022March 30, 2022 by wpadmin

It’s a challenging and difficult task to make any large decision that changes your life, especially when it comes to ending a marriage with someone you grew in a different direction from. You’re faced with plenty of new challenges, from dealing with child support, alimony, to division of property and assets, and navigating this alone can be difficult and confusing. An experienced California divorce attorney can be your guide through your marriage dissolution process, providing financial security for the future and ensuring that your rights are protected.

Reasons to Hire a Divorce Attorney

Going through a divorce is stressful enough socially and emotionally, but financially and legally there’s things you might not be aware of. There are a few reasons hiring a divorce attorney may be helpful in navigating through your divorce:

An experienced divorce attorney understands the law

There are a lot of small details that are easily overlooked by someone who is not familiar with the complex laws that are in place. A divorce attorney will offer legal expertise, and have experience working with other cases. There is language used within court orders that have specific meanings, and having someone who is familiar with terms used in court allows them to apply their knowledge to your situation specifically. When your children are involved, you’re faced with the intricacies of child custody and support. Having an attorney help you go through arrangements that might work better for your family is extremely helpful, and makes sure your custody arrangement doesn’t skip any important details.

Your attorney will also know exactly how to navigate through all the seemingly endless paperwork, eliminating unneccesary stress and potential errors. From knowing what to sign, when it’s due, where to send it all, an attorney can direct you thoroughly and keep up with you throughout your case, ensuring success in your divorce terms.

Having someone on your side

Some individuals are understandably emotional through the process of the divorce, so having a third-party can be helpful when making important decisions handling your assets. As you adjust to new everyday changes, as well as dealing with friends, work, or family through this process, it’s not uncommon to feel alone during this time. A divorce lawyer can offer unbiased insight, give you the support you need, and help you through making decisions for the future of your life, as well as your children’s.

Having someone who can handle the arguments for your case also is helpful, as they’ll be able to share your complaints, thoughts, and confirm your beliefs. In case you have to appear in court, your attorney also will be helpful in coaching your responses.

Someone to communicate with your spouse

Whether or not your separation is amicable, it still can be daunting and emotional to go through the details of your divorce with them. By hiring an attorney, you’re able to use them as a third-party mediator, and communicate with less conflict throughout the case.

Leveling the playing field

When your spouse has a divorce attorney, they can take advantage of your lack of knowledge and experience. Without the legal counsel from your own attorney, you may agree to something that you didn’t know about, or feel pressured to agree to things you don’t want. With a divorce lawyer of your own, you’re able to navigate through your case with more confidence and expertise, and someone to speak on your behalf. Having someone who ensures that your voice is heard, and dedicated to protecting your rights, can avoid aggressive moves towards your marital assets or relationship with your children.

Takes the wheel when going through records

If there is any concern about your divorce, having someone who can effectively collect all the necessary information for you to present in court can be better for your mental health, and your case. Considering that they’ll be discussing your issues in court, letting them have control of looking through records and resources only will help strengthen your position in trial.

Managing asset allocation can be a struggle to do on your own, and a divorce attorney will be able to give you different options when choosing the best way to divide your assets and debts. For instance, if you or your partner do not have the funds to buy out the house you own together, you might come to the decision to sell the house and divide the money made from the sale, rather than one partner staying in the house. Other than your assets being divided, your debt also can be consolidated differently. If your spouse has accumulated a lot of debt during your marriage, it’s possible for you to not have to take on all that debt personally.

Finding A Divorce Attorney in California

To save you precious time and move on with your life post-divorce, we at Azemika Law are here to help you. We efficiently handle family law cases involving divorce, dissolutions of partnerships, division of property, child custody, and more. Serving all of Kern County for 28 years, we give attentive support with the best interest for you and your family.

If you need someone to fight for you, and protect you through your divorce or domestic dissolution process, contact us at Azemika & Azemika Law.

Monthly or Lump Sum Alimony: Which Is Better?

May 10, 2022March 20, 2022 by wpadmin

Alimony is spousal support that is awarded in California court that allows one spouse to maintain their quality of living after the divorce. Each case has its own set of circumstances, so what may work for one couple isn’t always appropriate or possible for another. Sometimes a spouse has given up their career to raise their children, so may be more eligible for alimony payments from the higher-earning working spouse to keep things fair and ensure a quality of life for both the ex-spouse and their children. A judge and the paying spouse will be able to come to an agreement on how to deliver alimony payments, as a lump sum alimony, or with monthly payments.

Seeking advice from a trusted attorney can help in your decision of monthly or lump sum alimony, and here we take a deeper look into the benefits and disadvantages of both.

Lump Sum Alimony

Lump sum alimony is when a spouse fulfills their entire alimony obligation, with one lump sum payment. In many cases, this is an option when the paying spouse prefers to pay in this way, as an alternative to having monthly payments.

There are some pros and cons of lump sum alimony for both the paying spouse or payee. A benefit from a one lump sum alimony for both parties is being able to avoid a long drawn-out obligation to one another. A paying spouse is able to complete their obligation all at once, and avoid having monthly communication with the other. For those paying spousal support, a lump sum removes the chance that the other spouse requires maintaining life insurance to provide safety over the alimony in case of your death.

With a lump sum payment, the receiving spouse doesn’t have to worry about the paying spouse avoiding payments, receiving payments late, or having to track down a non-paying ex-spouse. You may earn income with a lump sum that is greater than the discount rate, and will have immediate access to the funds which allows you to invest or pay off debts you may have had to pay over a longer period of time. A financial advisor should be consulted to see what you can expect to earn from an anticipated lump sum settlement.

A lump sum payment also avoids a request for change in alimony on the basis of income changing. In the event of finding a higher paying job, coming into money, or even beginning a partnership where bills are split with the new significant other, a request can be made by the paying spouse for alimony payments to be lowered or stopped. This stands for the paying spouse as well, by receiving a raise or high paying job after the divorce, the recipient could go to court and request higher alimony payments. By paying a lump sum from the very beginning can avoid the headache of rehashing alimony payments in the future.

Monthly Alimony

Monthly alimony is where the paying spouse can make monthly alimony installments. It is not always possible for someone to pay a total amount of a lump sum all at once. Rather than taking out a loan that can accumulate interest, a paying spouse can agree to monthly installments.

Monthly payments could benefit a paying spouse by having to make reduced payments in the future, in the event of lower income being made, or if the recipient’s status changes due to a new relationship or job. The courts may reduce the obligation, or eliminate it entirely. Also, if your ex-spouse declares bankruptcy, their creditors may be able to attempt recovering the entirety or a portion of your lump sum settlement, so monthly installments can be beneficial in unforeseen circumstances.

For the spousal support recipient, monthly installments can be helpful with managing money properly. With a lump sum payment, you risk spending your money faster, whereas a monthly payment allows you to control your spending and allocate the funds appropriately month to month.

Alimony Questions or Concerns Answered

Divorce is unique to every couple, and settlements that might work for one isn’t possible or reasonable for another. While separating your lives is already a stressful situation to begin with, having to split finances always proves difficult regardless how civil communications can be.

Having a trusted attorney to mediate your decisions and process paperwork needed can make things more streamlined for you and your ex spouse. At Azemika Law, we’re here for you with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for your future.

For complete representation in divorce, contact us today to help you create effective resolutions and guide you into your next chapter of life.