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How Are Child Custody Cases Affected by Domestic Violence?

We would all like to think that domestic violence isn’t as widespread as it seems in the media, but it is out there and it does affect the children. The question is, “Does domestic violence have any impact on child custody cases?” Domestic violence makes the decision aboutchild custody a more complex one.

Why it’s Complex

The hard part is realizing that more often than not, cases of domestic violence can blindside a case because they come up unexpectedly.

The Process

What happens then? The attorney has to deal with restraining orders, temporary orders of protection, or for the children to prevent them from being in the middle of the abuse during the process.

Court Findings

In cases where domestic violence is proven, the Family Court will not approve joint custody, sole custody, or even unsupervised visits in most cases for the accused abuser. The time they get to spend with their children can be limited or even revoked depending on the severity of the situation since the court’s first priority is what is in the best interest of the child.

If it is discovered that a parent who is seeking custody has committed domestic violence against 1) the other parent, 2) the child, and/or 3) the siblings, within the past five years, the court presumes the parent who committed the abuse should not have sole, joint, or physical custody of the child.

The court’s presumption cannot replace the best interests of the child in Family Court. It does however, force the abusive parent to carry a larger burden to show they have the best interests of the child in order to obtain shared or physical custody of any kind.

What Family Law Judges Consider

  • First and foremost they consider the best interest of the child. Is it in their best interest to give that parent sole or joint custody?
  • Has the parent successfully completed an approved, appropriate treatment program?
  • Where drugs or alcohol are involved, they consider whether or not the parent has successfully completed a rehabilitation program to address their issues.
  • Has the parent completed the Family Court parenting class?
  • Has the parent ever been on probation or been paroled and has he or she been compliant to the terms of probation and parole?
  • Has the parent complied with any restraining orders and terms issued in the process of the divorce?
  • Has there been recent incidences of domestic violence or signs of abuse?

There is no way for the average person to be able to determine the outcome when domestic violence is addressed in child custody cases either before, during, or after a divorce is final.

If you are in such a situation, consult with a Riverside divorce attorney as soon as possible. Get to know your rights and responsibilities and take the advice of an experienced lawyer who is on your side. The initial consultation is free, so you risk nothing by asking some questions.

Divorce: How to Begin the Healing Process

The divorce process takes a toll on your emotions, which range from sadness to anger. It makes sense that after all the commotion, you should step back, take a breath, and begin healing so you can love again, learn to live, and survive on your own.

Four Steps to Healing After Divorce:

  1. Find out what causes your personal issues. Everything you are revolves around who you think you are and what you think of yourself. After a divorce, take the time to go on a personal journey of self-exploration and use that to your advantage. Use it to strengthen your weaknesses and improve your self-image.
  2. Don’t resist the pain and agony of your situation. It’s important to feel your pain in order to push through it and become a stronger, happier you. If you fail to feel and accept your pain, you do yourself a disservice that will prevent you from making peace with your situation. Once you experience your hurt and pain, you will find it easier to let go of it and feel peaceful and happy again. You will find you don’t need a mate in your life to be happy and fulfilled.
  3. Let go of what was and embrace what is in your life now. It’s okay to talk about and remember good and bad memories. However, when you do, let the ones that cause you the most stress go since they hold power over you that keeps you from moving forward in your own life. You are no longer “we” but “me,” so own it and embrace it for all its worth.
  4. Accept how you feel and know it won’t last forever. You already know in your head that bad times and feelings eventually fade away and don’t have any bearing down the road in your life. Take that information and use it to empower yourself every single day. Take control of your life, live it, and let yourself thrive. Don’t fight or resist life.

Be patient with yourself and ask for help when you need it. Don’t be afraid to feel, remember, let go, and renew yourself while you are going through the process of healing.

If you are getting ready to go through a divorce, the first step is to find an experienced Corona attorney to handle the legal aspects of your situation. A good attorney will take a lot of stress off you and let you begin the healing process before the divorce proceedings are over. You need to know your rights and take care of divorce business before you can move on and heal. You have nothing to lose when you take advantage of a free initial consultation with an expert divorce lawyer.

Child Custody: Does the Child Ever Get to Choose?

It might surprise you to learn that California does make provisions for the child’s preference in custody cases. Family Code section 3042 outlines how and when the child’s choice is used.

Can a child just say they want to live with Mom or Dad? No. Family Court judges have discretion when it comes to each individual case. Some of the factors they take under consideration include parental influence, maturity, conditioning, and they often role play with the parents while the court listens and learns from the child.

The Base Requirements

  • The child must be of sufficient age and capacity to make such a decision.
  • The court has control over the examination of the child witness in order to protect his or her best interests.
  • A child under 14 years of age may address the court regarding visitation and custody as long as the court agrees to hear testimony.

The laws of California have drawn a line at the age of 14 as a general guideline. They believe this is when a minor child has the maturity and capacity to make reasonable and relevant decisions for the right reasons. Each case is different and some children mature faster or slower than others.

At the end of the day, the court still has discretion and will make a decision based on the best interest of the child regardless of what the child says. Sometimes the court will agree with the child and sometimes they won’t.

The Court’s Discretion

  • The location of the testimony
  • Who can be present during the testimony
  • The questions and manner of questioning for the testimony
  • Evaluator or investigator selection/appointment

The goal is for the Family Court to look for signs of emotional or physical abuse, parental influence or conditioning, alienation, or other influences the court may surmise from their testimony and demeanor.

The court may assign a legal representative for the minor child when necessary. Likewise, it’s not uncommon for a psychological examination to play a role in child custody, especially when it’s contested or where the child has a preference.

Some cases can be resolved through mediation, while others will have to endure litigation that can last several days to months depending on the situation. It’s rare for child custody decisions to go on for years. The minor child will only be a minor for so long.

No matter what, the best interests of the child will be upheld to the best of the Family Court’s ability given the information and data they can gather. Each individual case is handled on its own merit, which means some precedence may be dismissed by the court.

If your child has a preference and you would like them to have their say, you should consult with a Riverside attorney. The initial consultation is free at Riverside Family Law, so you risk nothing by talking with them.

Calculating Child Support and Health Care Coverage

Child support is not just handed out without a process in the Corona family law sector. There are guidelines on how to calculate child support and what the non-custodial parent and custodial parent are responsible for when it comes to their minor child’s overall care and well-being.

Three Common Factors of Calculating Child Support

  • The number of minor (or incapacitated/disabled dependent) children that require financial support.
  • The amount of quality parenting time each of the parents will have with the children.
  • The disposable income of each parent, which is not taken from your gross income, but instead takes into account various financial considerations as well.

These three factors are not the only ones used to calculate child support in Corona, California, but they are the primary factors that impact the amount of child support for the eligible children.

One of the goals of the process is to ensure that when there are multiple children, the allocation goes according to the youngest to the oldest respectively. The initial amount is often allocated to the youngest child and would be equal to what the custodial parent might get if they only had one child. Subsequent amounts for multiple children are adjusted accordingly and are less than the initial amount.

The actual calculation is not as important as the amount paid and received for the care of the children. As a matter of fact, the Corona Family Court can alter the allocation of support depending on the circumstances. The parents can also have the allocation altered when they are in agreement.

Child Support Laws Require Health Insurance for Children

Besides financial child support, the parents are also required by the California child support mandate, to carry health coverage for their children. It is known as medical support. This is another factor that can raise or lower the support amount.

The guidelines are designed so that the insurance amount won’t go over five percent of the gross income of the parent who is carrying it. The parent who pays for the health insurance coverage gets to use the amount as a deduction on the child support worksheet and is part of the calculation.

What that means is that the amount of actual financial child support will be lowered since the court considers both incomes, therefore both parents are essentially paying for the health coverage regardless of which one carries it.

Child support is a complex and detailed process even with the strict calculation guidelines in place. The parents can agree upon an amount or the court may adjust the amount according to the situation.

Regardless of your situation, you need to hire a Corona divorce attorney to help you come to an agreement or help settle things in the courtroom. Ideally, the goal is for both parties to come to a reasonable agreement about child support, but that is not always possible. If litigation is necessary, you will be pleased that you chose an attorney whether you pay or receive child support.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.