Kevin Qualls Family Law
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Child Custody Archives

Understanding the 'best interests of the child' philosophy

While parents involved in a divorce can understand how difficult the time may be for them, sometimes the effects of a divorce on a child or children involved in the divorce could be overlooked or not properly addressed. Throughout the United States, including the Orange County, California, area, the courts recognize the potential trauma that could be involved in a divorce from the perspective of the children.

How does military service affect custody?

Activation to military service usually does not constitute grounds for modification of a child custody order in California. However, an order may be modified when an assignment requires a parent with sole or joint physical custody to move from their home, or when it has a significant impact on the parent's custody or visitation rights.

Shared parenting after divorce

California families undergo many emotions during divorce and while resolving child custody and visitation issues. Recent and numerous studies of joint physical custody have shown that children who spend at least 35 percent of their time with each parent, instead of residing with one parent and visiting the other, have better relationships with each parent. They also perform better socially, psychologically and in school.

Review of grandparents' visitation rights in California

A child's grandparents can easily get overlooked during a custody dispute or even when things in a family are running smoothly, that is, without any major wrangling over custody and visitation. On the other hand, in Orange County, California, as well as most other parts of the country, grandparents play a vital role in a child's growth and development. Losing that relationship can have a long-term impact on a child.

How can California parents create a parenting plan out-of-court?

For parents in California going through a divorce, some of the most important decisions they will make are regarding their child. Specifically, decisions will need to be made regarding child custody and parenting time (visitation). A parenting plan will need to be created that includes information regarding each parent's responsibilities for raising their child. This includes not only where the child will live (physical custody), but also how major decisions regarding the child's upbringing will be made (legal custody) and how much parenting time the child will spend with each parent.

Now's the time to review your holiday child custody plan

The winter holidays are upon us, and for many in California it is a time for family. However, for parents who are divorced the holiday season becomes a lot more complicated. When the couple divorced, they may have included a holiday child custody schedule in their parenting plan. Now is a good time to review that schedule, perhaps with the help of an attorney, so everyone, including the child, knows what to expect.

How is child support calculated in California?

When two parents in California decide to end their relationship with one another, one issue they will face is that of child support. While no parent wants to see his or her child suffer or live a lesser quality of life, they still will want to see that the amount of child support owed is fair to both parties.

What happens to child custody when the child is sick?

Life can throw a wrench into even the most well-crafted parenting plan following a divorce. For example, California parents can expect that their child will get sick from time to time. However, what happens if the child is ill during the child custody exchange, that is, when the child is to go from one parent's home to the other parent's home? Should the parents go ahead with the exchange, or should they wait until the child is better?

Can "bird's nesting" be a feasible child custody arrangement?

Parents in Orange County may assume that after a divorce, each of them will have their own separate households, and the child will travel between the two during custody and visitation periods. Indeed, that is the general picture of child custody in our nation. However, there is one other living arrangement divorced parents may want to consider: bird's nesting.

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