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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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California custody lawyerHaving been through a divorce or separation, your child has already suffered a high degree of emotional trauma. Enough early childhood trauma can cause serious developmental issues in regards to future relationships, education, emotional stability, and general happiness. According to Mental Health Connection, divorce/separation or loss of a loved one (parent) is an early childhood trauma. With that said, it is crucial to provide as much emotional and physical protection for your child in the years to come, and this includes protection from the other parent who has custody and who you know is not fit to be looking after your child. One common type of problem that our lawyers have helped solve is when a parent with custody, or a parent with visitation rights, is living in an unfit residence that poses a threat to your child. If you are in a custody battle or believe that your child’s well being is being put at risk from a parent with custody or visitation rights, you need to contact a San Jose custody attorney as soon as possible.

Types of Dangerous Residences

A home needs to be safe and clean, and the living conditions need to be stable. If non-family members are coming and going at odd hours, dangerous acquaintances or romantic relations spend time at the residence when your child is there, or the dwelling itself poses a physical risk, there may be grounds to revoke custody or visitation rights. A judge will always side with the child’s best interests, which may align with having a safe living environment over maintaining the living relationship with the other parent.

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California family lawyerA child’s declining behavior may be grounds for a custody hearing. In California, a parent may lose their custody rights to either the other parent or the state through foster care, if it has been shown that they cannot control their child and keep them from potentially harming themselves through reckless or illegal behavior. Recently, a teenage girl who repeatedly ran away from home, and who also gave birth to two children, was removed from her parents’ custody after an appeal was upheld by the California Supreme Court, according to the American Bar Journal. The decision was based on a California law that allows children to be removed from their parent’s home even if there is no wrongdoing on the parent’s behalf or failure to supervise their child. If you are in this situation, contact a San Jose custody attorney for help today.

Neglect Is Not Relevant, Only Failure to Supervise

Whether or not a parent neglects their supervising responsibilities, their child can be removed from the home if they are found to be at serious risk of harm as a result of failed parental supervision. This means that even if a parent who does all that they can reasonably do to keep their child out of trouble and safe and provide a stable and loving home life, it may still not be enough.

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California custody attorneyOne of the greatest challenges that parents face during divorce is keeping their feelings under control, and keeping their mouths shut when discussing the other parent in front of their children. Children are smarter and more intuitive than we often give them credit for. Even a young toddler still learning to speak can sense the hostility that is being directed toward a parent when the other is talking about them behind their back. Alienating a parent has life-long lasting implications for children, causing low self-esteem, self-hatred, depression, substance abuse, lack of trust, and more. It is in your best interest to contact a Santa Clara County custody attorney to discuss the dos and don’ts of how to behave during a child custody battle.

Posting Online

It is important to remember that the other party can and will use everything to their advantage. This means that if you post negative comments, send threatening emails or texts, or come off as the bitter, angry party, it will be used to your disadvantage. Keeping a calm demeanor is both important in the courtroom, as well as out.

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California family attorneyYou may have heard that California family courts make custody and visitation decisions based on the best interest of your child. But what does that really mean? An experienced Santa Clara County child custody attorney will be able to give you a detailed answer to that question.

Factors that Contribute to a Child’s Best Interests

When the court makes a decision regarding the custody of your child or the visitation rights that you or another party may have, the court looks solely at what is in the child’s best interests. Usually, it is in the child’s best interests if the two parents share custody equally, though that is not always true and is not always possible given the location of each parent or their relationship with each other. Here is a closer look at what ‘best interests” actually means:

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Posted on in Child Custody

California family lawyerChild custody can be a complicated topic for those that are new to it. If you are in a legal battle over your child’s custody, or if you believe that it will come to that eventually, it is important to not only work with an experienced family law attorney, but to fully understand what custody means in all of its forms. Contact our office today to discuss your concerns and your goals with one of our experienced child custody attorneys.

Legal Custody

In most court decisions, as well as out of court agreements, legal custody of children is split between both parents equally. Legal custody gives the parent or parents the ability to make important decisions about their children, such as healthcare, education, and religion. Legal custody can either be joint or sole. In a joint legal custody scenario, both parents would have equal decision-making rights. However, if only one parent has the right to make legal decisions for their child, such as the case of sole custody, the other parent is not allowed to make decisions. If they do, they could be held in contempt of court and risk losing other custody or visitation rights. If you have split legal custody, however, it does not mean that you and the child’s other parent have to agree on every decision, according to California law. Working together to come to a middle ground may be necessary much of the time.

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California custody attorney, California family law attorneyThe responsibility of legal custody is one of the most important decisions a family court judge makes. If you are given legal custody, you will be responsible for making all of the decisions, such as health care, school, travel, and more, for your child, according to California Courts. Because of this responsibility, it is imperative to prove to the court that you have your child’s best interest at heart. During a child custody contest, it is important to avoid some of the more common mistakes that many parents make. The California court will always make its decision in favor of the child’s best interest. As such, that decision is largely based on the stability of the parent’s physical, mental, and financial well-being. The court looks at the care that each parent is able to provide for the child, potential help from family members, which parent will be better equipped to ensure a safe home, as well as other criteria such as proximity to quality schools and the wishes of the child if the child is old enough to have an opinion. While there is no set guideline of what a parent should do leading up to and during a custody battle, an experienced attorney will provide invaluable guidance and legal counsel throughout the process. The San Jose child custody attorneys of Gemma V. Reyes Law are here to provide assistance in your time of need.

The California court will always make its decision in favor of the child’s best interest. As such, that decision is largely based on the stability of the parent’s physical, mental, and financial well-being. The court looks at the care that each parent is able to provide for the child, potential help from family members, which parent will be better equipped to ensure a safe home, as well as other criteria such as proximity to quality schools and the wishes of the child if the child is old enough to have an opinion. While there is no set guideline of what a parent should do leading up to and during a custody battle, an experienced attorney will provide invaluable guidance and legal counsel throughout the process. The San Jose child custody attorneys of Gemma V. Reyes Law are here to provide assistance in your time of need.

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