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Can I Get My Ex to Pay My Attorney Fees?

The cost of hiring an attorney to handle a divorce, domestic violence issue, or other family law dispute can be substantial, depending on the circumstances and complexities surrounding your case. In fact, concerns about the expense often keep people from taking action to get out of a bad situation.

It is important to realize that sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other or has acted wrongfully. However, while there are many situations in family law where a judge has discretion to order one party to pay the attorney’s fees and costs of the other party, usually the judge also has the ability to refuse to order payment of fees and costs. Moreover, if a judge orders a payment, it often only covers part of the costs.

It is a good idea to talk to your attorney if this is a primary consideration. An experienced family law attorney can assess the situation and give you an idea of how likely a court would be to award attorney’s fees. Your attorney could also negotiate a settlement that involves payment of your legal expenses. In this post, we explore some of the reasons courts can order one party to pay the legal costs of the other in a family law case.

California Lawmakers Want Both Parties to Access to an Attorney in Divorce Cases

In divorce cases and legal actions related to the outcome of the divorce, Section 2030(a)(1) of the California Family Code specifies that “the court shall ensure that each party has access to legal representation, including access early in the proceedings.” They are to do this by ordering one party to pay “whatever amount is reasonably necessary for attorney’s fees” as well as the cost of pursuing or defending the case.

However, the court is directed to order payment of attorney’s fees only if the party requesting assistance lacks the ability to pay and the other party has the ability to pay the costs of legal fees for both. In other words, the issue is decided purely based on need rather than the conduct of the parties.

When One Spouse Controls the Accounts

What can you do when you need to hire a divorce attorney but cannot afford the retainer because your spouse earns all the family income and holds the purse strings? Before a petition for divorce is filed, both spouses have equal right to community property, so even if your spouse is the breadwinner, you still own half of the income that spouse earns. Unless a court has placed an injunction or freeze on an account, you have the perfect right to remove money from a joint checking account to pay an attorney.

If all the accounts are solely in your spouse’s name, you may want to talk to your attorney about payment arrangements. While you still have a legal right to marital funds, accessing them quickly could be challenging. If you are concerned that your spouse might try to remove all assets from accounts and attempt to hide them, your attorney might ask the court to issue an order not to sell assets and to enjoin removal of funds from accounts.

If Your Ex Refuses to Cooperate a California Court Can Order Them to Pay Your Attorney’s Fees

In addition to the need-based provision of Section 2030, California family law statutes offer numerous other provisions that give courts discretion to order one party to pay the other’s attorney’s fees. The provision with the broadest application is Section 271 of the Family Law Code. Under this statute, the court can require one party to pay legal fees of the other when the party acts in a way that unnecessarily delays resolution of the legal issues, driving up the cost of the case. Rather than ordering one party to pay the other’s fees as a matter of financial equity, the order is made as a sanction to punish wrongful tactics.

When Your Ex Acts Wrongfully the Court May Require Them to Cover Legal Costs

It only seems fair that when one party acts wrongfully and the other incurs legal costs to respond, the party in the wrong should be required to pay those costs. For instance, if one parent has refused the other opportunity to exercise their custody and visitation rights, and legal action is taken to enforce those rights, the parent who refused the rights can be required to pay the legal expenses of the other parent.

The California Family Code contains numerous provisions regarding payment of attorney’s fees in specific situations such as when one party makes false child abuse allegations during a custody case, or refuses to pay their share of health care expenses. In domestic violence cases, the party at fault can also be required to pay the other party’s legal costs.

Holstrom, Block & Parke, APLC Can You Recover Legal Fees

The Certified Family Law Specialists at Holstrom, Block & Parke, APLC understand all the different provisions that can be used to require a former partner to pay attorney’s fees and other costs in divorce, custody cases, domestic violence situations, and other family law matters. Call 855-426-9111 or contact us online to talk to us today about the ways we can protect you.

Family Law

Marital Property Division in California Divorce

When you get married in California, both spouses join their resources. However, some of their property is still considered separate property while other property is jointly-owned marital property, also known as community property.  

Which is which? There are some general rules, and also some exceptions. As a basic rule, marital property refers to any asset or debt either spouse accumulates during the time they are married. Everything from homes and cars to salary, pensions, and bank accounts can be considered marital property if it's obtained during marriage. Because California is a community property state, marital property is typically divided equally in divorce. 

But there are exceptions to the general rules regarding both the classification of property and the division of property, so it’s important to have your attorney consider all the details about how and when you acquired property and how it was used. 

 

Distinction Between Marital and Separate Property

Understanding the difference between marital and separate property is crucial when considering a divorce in California. At the core, assets acquired by either spouse before the marriage are typically viewed as separate property. This could be an inheritance, a personal savings account, or even a piece of real estate. Separate property is kept by the spouse who owns it and is not subject to division during the divorce process. 

However, things aren’t always black and white. The classification becomes complex when separate property gets mixed or "commingled" with marital assets. For instance, imagine you had a savings account before marriage. If during the marriage, you added funds earned while married into this account, that action blurs the distinction between separate and marital property. This separate property bank account might now be seen as community property, especially if both spouses accessed or used those funds. This is referred to as “commingling." It's a blending of separate and marital assets, often leading to complex legal considerations during a divorce.

 

The Intricacies of Business and Marital Property

Bringing a business into a marital equation can make property distinctions even trickier. If you began a venture before getting married, you might think it remains your separate property, particularly if your spouse did not work much or at all in the business. However, the nature of businesses makes them more susceptible to commingling. At least some of the value of the business may be treated as marital property unless you executed a prenuptial agreement specifying that the business would be kept as your separate property. 

To understand why, it’s helpful to consider a common example. Say you had a small startup before marriage. After marriage, you injected funds from a joint marital account to expand your operations. Your spouse, seeing the potential, also invests time, effort, and maybe even funds into it. Over time, this business grows and flourishes. 

Now, does this remain your separate property? Or has it transformed into a marital asset due to the combined efforts and investments? Even if your spouse didn’t directly help with the business at all, the support provided to the home and to your partnership can be considered as contributing to the value of the business because it allowed you to put time and effort into the enterprise. 

The lines get blurred further if  you use profits from the business (initially your separate property) to buy a family home or pay for joint vacations. The intricate combination of contributions, mixed finances, and shared efforts make businesses a particularly complex asset to allocate in divorces. Determining who gets what share or how to value each spouse’s contribution often requires nuanced legal insight.

 

California's Approach to Property Division

California’s sunny shores are also home to community property laws. This means that in a divorce, marital assets are usually divided right down the middle. It’s an equal distribution approach. And when a business is involved, this can require some finesse. Whether you're thinking of buying out your spouse's share or finding a mutually beneficial plan to continue operations together, you need an attorney who understands how to address all the challenges.

Although community property is typically divided 50/50, there are instances where one spouse may receive a greater share of marital property. Courts may award more to one spouse if the other has wasted marital assets, such as by spending money on an extramarital affair. Other instances of wrongdoing, such as domestic violence, can also prompt a court to award extra funds to one spouse. Spouses may also develop their own agreement providing a greater share of marital property to one or the other.

How Holstrom, Block & Parke, APLC Can Help

Divorce can be challenging, especially when assets like businesses are in the mix. But you don’t have to go it alone. We're here to help you make sense of it all, ensuring that you’re informed and prepared every step of the way. 

We understand how to protect your assets and ensure you receive the full share of property you’re entitled to under California law. Reach out to Holstrom, Block & Parke, APLC today at (844) 237-5791 or contact us online for a consultation with a dedicated divorce lawyer in Southern California.

Family Law

Temporary vs. Long Term Spousal Support: Key Differences

One of the most complex issues in any family law case is spousal support. In order to simplify the issue, the courts break spousal support down into two component parts:  Temporary Spousal Support and Permanent, or Long Term, Spousal Support.

Temporary spousal support is generally awarded near the beginning of the case at the request of either party. The amount is generally determined by the same guidelines as child support using a computer software program. The current income from each party, if any, is placed into the software program, and a guideline temporary spousal support award is determined.

Permanent, or long term, spousal support, is not based on a computer program but on various factors under the California Family Code including, but not limited to:

  • the assets and debts of each party
  • the earning capacity of each party
  • the marital standard of living
  • the age and health of the parties
  • any other factor the court deems relevant.

The duration of spousal support is often tied to the duration of the marriage.

How Long Does Spousal Support Last?

 

For marriages of less than ten years, spousal support is generally awarded for one half the length of the marriage. For marriages of greater than ten years, known as marriages of long duration, the court will generally maintain jurisdiction, or power, over spousal support until the death of either party or the remarriage of the supported party. This does not mean that spousal support in long marriages will last forever. The court has authority to order a step-down and to reduce or terminate spousal support based on a change in circumstances that may include, but not be limited to, the cohabitation of the supported party or the age 65 retirement of the supporting party.

Although not required in marriages of long duration, it is customary for a court, upon request, to order the supported party to make efforts to become self-supporting within a reasonable period of time. In addition, it is possible to request and obtain an order to subject the supported party to a vocational examination in order assess the earning capacity of a spouse who is unemployed or under-employed for purposes of permanent, or long term, spousal support.

How Is Permanent Spousal Support Decided?

 

Because the court has such broad discretion, or decision-making authority, over permanent spousal support, the outcome at trial is far more uncertain than in the case of temporary spousal support. As a result, a negotiated settlement of permanent spousal support often makes sense in eliminating the uncertainty associated with litigation and reducing the exposure of each party to a potentially adverse result at trial. In many cases, an award of property can be used in lieu of spousal support in order to effectuate a buy-out. It is important to consult with an attorney as early in the process as possible in order to assess risks, strategies and possible resolutions to this critical issue.

 

- Matthew R. Bogosian, Senior Trial Attorney and Certified Family Law Specialist (CFLS)

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Family Law

Temporary vs. Permanent Spousal Support

One of the most complex issues in any family law case is spousal support.  In order to simplify the issue, the courts break spousal support down into two component parts: temporary spousal support and permanent, or long term, spousal support.

Temporary spousal support is generally awarded near the beginning of the case at the request of either party. The amount is generally determined by the same guidelines as child support using a computer software program. The current income from each party, if any, is placed into the software program, and a guideline temporary spousal support award is determined.

Long term, or permanent spousal support, is not based on a computer program but on various factors under the California Family Code. Considerations include the assets and debts of each party, the earning capacity of each party, the marital standard of living, the age and health of the parties, and any other factor the court deems relevant. The duration of spousal support is often tied to the duration of the marriage.

How Long Does Spousal Support Last?

For marriages of less than ten years, spousal support is generally awarded for one half the length of the marriage. For marriages of greater than ten years, known as marriages of long duration, the court will generally maintain jurisdiction, or power, over spousal support until the death of either party or the remarriage of the supported party. This does not mean that spousal support in long marriages will last forever. The court has authority to order a step-down and to reduce or terminate spousal support based on a change in circumstances that may include, but not be limited to, the cohabitation of the supported party or the age 65 retirement of the supporting party.

Although not required in marriages of long duration, it is customary for a court, upon request, to order the supported party to make efforts to become self-supporting within a reasonable period of time. In addition, it is possible to request and obtain an order to subject the supported party to a vocational examination in order assess the earning capacity of a spouse who is unemployed or under-employed for purposes of permanent, or long term, spousal support.

Why Should You Negotiate a Spousal Support Settlement?

Because the court has such broad discretion, or decision-making authority, over permanent spousal support, the outcome at trial is far more uncertain than in the case of temporary spousal support. As a result, a negotiated settlement of permanent spousal support often makes sense in eliminating the uncertainty associated with litigation, and reducing the exposure of each party to a potentially adverse result at trial.  In many cases, an award of property can be used in lieu of spousal support in order to effectuate a buy-out.  It is important to consult with an attorney as early in the process as possible in order to assess risks, strategies and possible resolutions to this critical issue.

- Matt Bogosian

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Call (855) 939-9111 or contact us online.

Family Law

What is a medical directive?

Under California law, the way assets are divided in divorce is pretty straightforward. Any property that was acquired during marriage is presumed to be community property, and is divided 50/50.

Any property that was either owned prior to marriage or acquired during marriage by a gift from outside the relationship, or from an inheritance, belongs to the person who received the gift or the inheritance.

There are many exceptions to those rules but those are the basic rules. Knowing all of those exceptions and knowing how they affect your specific case is critical. If you have any questions about whether you have a claim on a property that you’ve acquired during marriage, or before or after, you need to call Holstrom, Block, & Parke.

Call (855) 939-9111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

Family Law

Understanding and Preparing for a Move-Away Case

A Move Away case is one where a parent seeks to relocate to some other geographic area with a child they share with a parent who will remain local. Recently, there has been a dramatic increase in requests for consultations and representation in move-away cases. Some of the requests are due to the simple desire to leave California and reside in another state. Others have job opportunities in another state, or would like to be closer to family. We’ve also received requests from parents who would like to oppose the move-away request by the other parent. Whatever the case may be, understanding the intricacies and legalities of move-away cases is paramount to prevailing in such a case and often that is concurrently doing what is best for the child.

What is a move-away case?

A move-away is a particular type of custody case where two parents have a dispute or disagreement about what's going to happen with their kid(s) when either parent is going to relocate and there is an existing custodial arrangement. For example, they've got a schedule, maybe the parties have been separated for a couple years, or even a few months, but they have an existing de facto or status quo custodial relationship. The arrangement, or custodial relationship, could be 50/50, it could be 80/20. Or it may not be a percentage of time, but something like a set number of days during the week, and alternating weekends. When the kids are typically younger in age it is optimal, from a psychological developmental perspective, for a shared arrangement to grant more time to the parent who has more capability to be home and care for them (if such a circumstance exists).

Whatever the very legitimate and appropriate reason for the existing arrangements, whether by court order or not, the court will make a decision, or the parties have made a decision, that the existing arrangement is in the best interest of the child. A move-away case is a significant undertaking that happens with some frequency--And that frequency is increasing with today’s societal mobility, economic uncertainty, the ability to find more “virtual” employment opportunities, new relationships being formed from long distance, and ever changing migration patterns.

There is an abundance of law from the state of California, that relates to how the court should handle these cases, so that they're handled consistently the same. Yet the tactics and strategies exist that increase the probability of success, whether seeking to relocate with the child(ren), or opposing such a move.

How does a move-away case differ from a visitation case?

Custody time (also called “time-share”) is a plan for how the parents will share time with the children. This may also be referred to as “custody time” or “visitation” or the like. It is a shorthand way to refer to the amount of time a child is with each respective parent. Such court orders vary, depending on the best interest of the children, the situation of the parents, and other factors. If the case is more about minimal schedule changes, it's not a custody case. It's what we call a time-share type case. These cases are typically easier to resolve because we're not talking about a dramatic change in a custodial arrangement.

What many parents fail to understand…

The foundation for every custodial arrangement is what is in the best interest of the children, which includes relocation. So often, parents talk about “my time,” and they use the word “my kids”. They assert that they are entitled to “their rights”. Those parents are incorrect, and will face tremendous challenges if they are involved in litigation. Custody matters will always be about what's best for the children. The law starts from a presumption that frequent and continuous contact with both parents is what is best for the children. Many people confuse that to be a presumption that this naturally equates to a 50/50 arrangement. This is simply not true. There are so many factors involved in determining what is best for the child, outside of the parents’ opinions. The decision needs to be carefully made by the court in order to avoid having detrimental effect on the children, or impede the other parent's ongoing relationship and access to the child.

Some things courts will consider when determining move-away requests:

  • Which parent (if either) has an actual, or de facto, primary custodial relationship prior to the requested move
  • The good faith reason for the move (ex. job opportunity) -not designed to simply get away form the ex spouse (this is in turn mitigated if there is a history of Domestic Violence)
  • Distance of the move being considered/requested and the logistical issues raised include travel time, cost, etc.
  • The child’s age can be a large factor in the judge’s decision as it may be more difficult for younger children who haven’t had proper time to develop parent/child relationships-or older children who while more physiologically and psychologically developed and bonded have concurrently formed strong bonds with friends, schools, extended family, etc.
  • Any history of violence within the household(s)
  • The current and historical relationship between the parents
  • Ability to maintain proper medical treatment at both locations
  • The parents’ ability to Co-Parent or a lack of willingness to do so
  • The “best interest” of the child
  • The child’s preference and feelings about the move (depending upon the age)
  • An overall assessment of the “detriment” of the move. This issue was given overriding importance in the most recent California Supreme court case on this subject. In such cases, even where a permanent custody order is in place, the custodial parent’s right to relocate with a child remains subject to the changed circumstance rule. (In re Marriage of LaMusga (2004) 32 Cal.4th 1072) 1088-1089 (LaMusga).

It is important to note the individual elements referenced above are not necessarily equal, nor determinative. The court will look at the totality of the circumstances in assessing the best interest and detriment.

Here in Southern California, a classic example of a move-away could be any distance greater than 30 miles, say Orange County to Riverside County. While this doesn’t seem like a huge distance, commute time needs to be taken into consideration. The freeways are often heavy with traffic and while the distance isn’t tremendous, the time it takes to travel between the two areas could frequently be over two hours on any given weekday. The commute is going to impede a parent from being able to spend enough quality time with the children. More importantly, how is that drive going to affect that child? Is it going to affect the ability of a parent to pick up on Friday evening? This kind of move would also potentially mean a change in school districts and various other factors.

Here’s where it gets complicated…

Once the relocation is defined as a move-away, things can get really, really complicated. Sometimes the status quo may not contain a court order that grants parents the ability to relocate. Some attorneys who craft judgments (and some people without attorneys) don't put all of the necessary language outlined in their judgments into their court orders, relative to custody. As is such, it may be possible that a parent could move and then change visitation later on. It's also possible that doing so could have negative consequences. This is one reason why it is critical that you have a discussion with a competent family law attorney to talk about your options, in your case.

What if there isn’t a court order in place for custody?

The following is a hypothetical situation: Two parents are unmarried and they're already living apart. There is no court order in place for custody of their child. One parent decides that they want to relocate with their child. They decide that they're going to go ahead and move to New York without consulting an attorney.

Guess what is likely to happen in this instance.... The other parent (more likely than not) is going to run into court and ask for an emergency order to have that parent, either not relocate with the child or immediately return the child. The parent who has already moved to New York, has probably settled in, secured employment and has started their new life. However, the court can effectively change the custodial arrangement because the first parent acted improperly and failed to do things the right way.

It's imperative to get a plan in place and follow the plan. The commonly used colloquialism that sometimes “It’s better to ask for forgiveness rather than permission” may work--or may lead to disastrous consequences.

How does a parent looking to move away get permission if they need it?

First, they will need to create a paper trail and reach out to the other party stating intent to move. Ask them what their thoughts are on the matter. It may be received well, it may not. Regardless, communicating the intent, (or possible intent,) in writing is always the first step. If they don't ask and just rush to court, then the court is going to think badly of that person for not asking or trying to work it out with the other parent. This is true whether the parents have court orders or not. Someone who is still in an intact relationship and simply takes off in the middle of the night with the child to a far away place is equally subject to an adverse consequence. While a history of Domestic Violence may mitigate this, it may not eliminate it.

A key point to keep in mind is that the court has no authority to tell a parent that they cannot move. Every adult in the United States has an absolute, unrestricted right to travel. The government cannot say that a parent can't move; that they have to stay here and take care of the children. In fact, what the court does when they engage in a move-away, is start with the presumption that the move is happening. They make orders based upon that expectation. The order will either be that the children move with the parent who is relocating, or that they stay with the non-moving parent. Then arrangements for visitation will be made accordingly.

Move-away cases are not a quick and easy process

Whether or not there is a custody order in place, a plan is needed. After step one, it might be time to file the move-away request with the court. If it is a full on move-away case, it's probably going to take quite some time to get the hearing on it and get it done. That means going to court, certainly doing mediation at court, possibly doing a custodial evaluation, setting the matter for an evidentiary hearing with witnesses and cross examination, dealing with cancellations and postponements that are rabid in the court system, particularly with COVID, and finally, having the hearing and getting a court ruling. And even if the parties get a court ruling, thee law of California mandates that the parent is not allowed to move for 30 days after that ruling. This can really drag out and parents really need to plan for the long haul.

How long does it take to resolve a move-away case?

This depends on the courthouse. If the case is being processed within the public court system, then parents at the mercy of the court. There may be shutdowns because of COVID. It may also take awhile if a psychological evaluation, referred to as a “730 Evaluation,"  is required. There may be a trial set for three days on a move-away case, and then some other case bumps it, and it gets postponed for another two or three months. A short time period might be six to nine months, while a long time period might be a year and a half or more, because of how the legal system works. This is why it is important to get started with the process as soon the parent thinks that they will be moving. Parents should always make a plan and seek legal counsel before they accept a job out of state, buy plane tickets, or hire movers. Then again, bad advice can set you back both in time and in the ultimate likelihood of success.

No two move-away cases are alike...

Please remember, every move-away case, like every custody case, is different. There are unique aspects of each and every one. The one thing that always remains the same is that ultimately, this is about what's best for the children. If the parents have a good co parenting arrangement, that can serve as a basic foundation for resolving things amicably. However, parents should only do so after consulting with competent counsel.

If you are contemplating a move and want to do things the right way, please reach out to us as soon as possible. Our team has extensive experience with move-away cases and we can help you plan for this impactful life change in a way that keeps your children the priority and offers the best possible outcome for your family.

PLEASE NOTE:

The material and information contained on this website is for general information purposes only and is not intended to be legal advice. It does not create an attorney/client relationship in any way, shape or form. Holstrom, Block and Parke are attorneys at law, licensed to practice in the state of California and have based the information presented on US laws. All cases are different and nothing in this content is intended to suggest any particular result for your matter. Holstrom, Block and Parke has no control over and accepts no liability in respect of materials, products or services available on any website which is not under the control of Holstrom, Block and Parke. Certain links in this website will lead to websites which are not under the control of Holstrom, Block and Parke, APLC. When you activate these website links, you will leave the Holstrom, Block and Parke website. Therefore, we have no control over and accept no liability in respect of the materials, products or services available on the third party websites, which are not under control of Holstrom, Block and Parke. There is no substitute for seeking out advice from a competent Family Law professional and you should always consult with an attorney before you rely on this information.

After Divorce / Child Custody / Divorce / Family Law / Parental Rights

Tips For Creating A Holiday Parenting Plan or Order

It's the most wonderful time of the year...it’s also the busiest and can be the most stressful time for families with parents who are separated or divorced, and have to figure out how to make sure that the children spend time with both parents. Creating a holiday schedule doesn’t have to be a source of stress for parents and children. In fact, the purpose of having a schedule or court order in place ahead of time is to alleviate frustration, confusion and chaos. These things enable both parents to plan for their major holidays respectively, while ensuring that the children have adequate time with each parent and the sense of security that comes with having a well communicated, mutually agreed upon plan. Children have so many expectations and emotions tied to holidays, due to the traditions and memories created. No child wants to spend the holidays, after a separation or divorce, listening to parents argue, being put in the middle of parental squabbles, or being made to feel guilty for spending time with one parent over the other parent. Parents should work together to mitigate anxiety and negative emotions for their children, while preparing them for new traditions and schedule changes in a way that reassures them that the holidays will still be memorable and a positive experience. The Custody Queens have some valuable tips for parents who want to navigate the holiday season as peacefully as possible by creating a plan that works for everyone, especially the children.

  1. Plan ahead. Do not wait until the last minute to start a conversation with the other parent. This needs to be well thought out and planned for in advance of the holiday so that plans can be communicated with the children.
  2. Be specific in crafting court Orders, but remain open to flexibility in practice. Having a specific court Order can help manage expectations and mitigate stress. On the other hand, remember life happens and being flexible with the other parent can be more practical and help foster a genuine co-parenting relationship.
  3. Accept that holidays will generally be split. This is really a conversation about how to arrange the time. Some suggestions on how to do this are:
    1. Alternating holidays (i.e. In odd years one parent has Christmas Eve and the other parent has Christmas day. In even years, the parents switch days.)
    2. Split the day between both parents (i.e. The first half of Thanksgiving Day is spent with one parent, the second half of Thanksgiving Day is spent with the other)
    3. Schedule the holiday twice. As parents, we can observe holidays on alternative days. For example, often separated parents observe their child’s birthday on a different day so that both parents get to celebrate. What child doesn’t want two birthdays?!
  4. Address travel. Will arrangements be needed for transportation and what time will need to be allotted for this? Who will be making these arrangements and paying travel expenses?
  5. Keep the children out of it. Even if you disagree, do not bring your children into the dispute—children want to celebrate holidays, not inherit your stress.
  6. Itemize which holidays need to be addressed in the Order. Some families celebrate only major holidays; others celebrate additional days/school break days/etc…Consider the type of schedule you have. If you exercise joint physical custody, do you really need to recognize all non-major holidays? The answer is sometimes yes. However, consider that with a joint physical arrangement, exercising non-major holidays does not provide you with additional time—it provides you with adjusted time that may cause unnecessary disruptions to an otherwise consistent schedule.
  7. Be efficient. Consider negotiating/agreeing on the entire year’s holiday/special day schedule at the same time. There is inevitably going to be more passion related to the holiday which is right in front of you (i.e. Christmas Eve or Christmas Day). Rather than having 8-9 different negotiations every time a holiday is approaching, just sit down, and agree on whatever split works best for your family for the entire year. If you don’t have your preferred schedule for this year, ask to reverse the schedule on alternating years so that it is consistent and your children get the opportunity to experience each holiday with both sides of the family.
  8. Special requests. If the other side has a request, do not refuse it just for the sake of refusal. Consider asking for an accommodation on your own special requests when negotiating.
  9. Identify your family’s unique needs. If you have them, include them in the plan or Order.

Now is the time to get your plan or orders in place to ensure that everyone has a peaceful holiday. For more tips on thriving during the holiday season, please read our blog post on Tips for Co-parenting Around The Holidays. With good communication, a willingness to compromise and proper planning, your holiday can be a lot less stressful and a lot more merry. Be sure to follow us on social media for daily posts and more.

PLEASE NOTE:

The material and information contained on this website is for general information purposes only and is not intended to be legal advice. It does not create an attorney/client relationship in any way, shape or form. The Custody Queens, a division of Holstrom, Block and Parke, are attorneys at law, licensed to practice in the state of California and have based the information presented on US laws. All cases are different and nothing in this content is intended to suggest any particular result for your matter. Custody Queens has no control over and accepts no liability in respect of materials, products or services available on any website which is not under the control of Custody Queens. Certain links in this website may lead to websites which are not under the control of Custody Queens, or Holstrom, Block and Parke, APLC. When you activate these website links, you will leave the Custody Queens website. Therefore, we have no control over and accept no liability in respect of the materials, products or services available on the third party websites, which are not under control of Custody Queens. There is no substitute for seeking out advice from a competent Family Law professional and you should always consult with an attorney before you rely on this information.

After Divorce / Child Custody / Co-Parenting / Divorce / Family Law

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Temecula, CA 92591

Riverside*
3780 12th Street
Riverside, CA 92501

Vista*
380 S. Melrose Dr., Ste. 347
Vista, CA 92083

San Diego
3110 Camino Del Rio S., Ste. 308
San Diego, CA 92108

Riverside — Sandoval Legacy Group
4300 Latham Street
Riverside, CA 92501

Los Angeles*
500 N. Brand Blvd., Suite 2000
Glendale, CA 91203

*We do not receive postal correspondence at this address. Please send any desired material to our Corona office for review and distribution.

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