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Posted on in Child Custody

IL family lawyerChild custody is complicated no matter the circumstances of a parent’s particular case. Not only are custody battles complex, but they are often stressful times for everyone involved. However, the stress and complexity of a child custody case can each take on new dimensions when one parent is not a U.S. citizen. A San Jose child custody attorney can help explain what options you have today.

Types of Custody Available for Non-Citizen and Citizens Alike

Even though one of the parents is not a U.S. citizen, they will be given a fair chance at gaining custody rights over their American citizen child or baby. The custody decision may be one of the following:

  • Sole legal custody;
  • Joint legal custody;
  • Joint physical custody;
  • Visitation rights; or
  • No custody or visitation rights.

California courts will always choose a living situation and custody arrangement that is in the best interests of the child. This remains true even when one parent is not a U.S. citizen. As such, it is important to understand this vital question: “what are the best interests of your child?” The court will analyze the following factors (and more) to come up with a decision:

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CA family lawyerYou may be limited to just a few hours every couple of days, or an overnighter on the weekends, but this time with your child will go a long way in cementing your relationship with them and creating or maintaining a bond that will last a lifetime. A parent who has just gone through divorce and was awarded visitation time only, rather than shared custody, may lament the court’s decision, but it is important to keep a positive attitude for your child and to maximize the quality of time that you do have with your son or daughter. A San Jose child visitation and custody attorney can help you with visitation or custody and can offer suggestions on what to do with your child, how to make a plan, and other questions you may have.

Make a Schedule and Keep To It

According to the Centers for Disease Control and Prevention (CDC), the building blocks for structure are consistency, predictability, and follow through. Structure is important for children—so important, in fact, that the CDC, recommends creating structure in the following ways:

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CA divorce lawyerAs a custodial parent, planning around visitations and dealing with the other parent’s behavior can be a challenge. Minor arguments and misunderstandings are not reason enough to petition for a visitation modification themselves, but when they are accompanied by actions that threaten the child’s emotional, psychological, or physical well-being, it is time to speak with a San Jose visitation modification attorney.

Invalid Reasons for Revoking Visitation

There are many reasons why visitation can be limited or taken away by a judge, and they all revolve solely around what is in the child’s best interest. First, there are some invalid reasons for child visitation modification. By themselves, the following characteristics of a non-custodial parent do not make up valid reasons for taking away or limiting the other parent’s visitation rights:

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Posted on in Child Custody

CA divorce lawyerA new approach to the parenting plans is being taken by thousands of couples in the Bay Area. While the traditional living arrangement method calls for moving the child back and forth from the mother’s house to the father’s house, “bird nesting” or “bird nest custody” keeps the child in the same home, while the parents move in and out as their time sharing agreement dictates. While bird nesting may not be for everyone, there are some striking positives to it that the traditional living split living arrangement for the child simply fails to meet. A San Jose custody attorney can explain bird nest custody in more depth to you.

How Bird Nesting Works

Bird nest custody requires that the child or children stay put in the home while the mother and father take turns living there and parenting. Whether parents have every other night with their children or every other week is up to you and the other parent. The goal is to reduce the stress on your child as much as possible during a separation or divorce.

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CA custody lawyerDomestic violence is the most common felony offense in the U.S., and it goes largely unreported. Another unreported aspect of domestic violence is when the abuser harms their own child, which is more common than the average person might think. In fact, 30 to 60 percent of children living in abusive homes are, in addition to the other victim, physically or sexually abused themselves, according to Stop Violence Against Women. This startling fact is one of the main reasons that judges side with the victims of domestic violence when the couple splits up and child custody becomes an issue.

Child’s Best Interests

The court will always side in favor of the child’s best interests, and obviously being sexually or physically abused is not in their best interest. Moreover, even if children are not abused themselves while living in a home where domestic violence occurs, they are still more likely to suffer from emotional, behavioral, developmental, social, and learning problems. Early childhood trauma, such as seeing their mother get slapped, pushed, or threatened, can follow a child into adulthood, causing depression, anxiety, alcoholism, and lower economic status.

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