Visitation

Recently, a California court has ruled that the visitation order providing for monitored visits with the parents, but leaving the frequency, duration, and location of the visits within the legal guardian’s sole discretion is an abuse of discretion and improper delegation of the judicial function to the legal guardian. (In re Rebecca S., Feb. 8, 2010, No. B216227.)

In In re Rebecca S, the father unsuccessfully sought to reestablish his relationship with his children. While he was incarcerated, his children came to the attention of the Department of Children and Family Services (“DCFS”) based on their living situation with their mother and stepfather. The children were declared dependents of the court under Welfare and Institutions Code sections 300, subdivisions (a) and (b), and two years later the court named their maternal aunt the children’s legal guardian pursuant to section 366.26, and terminated jurisdiction.

In its California visitation order, the juvenile court provided for monitored visits with the parents, but let the guardian decide the frequency, duration, and location of the visits for the children’s parents. The father contended that the court improperly delegated discretion to the legal guardian in its visitation order, and the Court of Appeals agreed with the father.

The court has determined that pursuant to Welfare and Institutions Code section 366.26, the juvenile court could leave the time, place, and manner of visitation to the guardian’s discretion. However, the juvenile court abused its discretion by delegating the ability to determine frequency and duration of the father’s visits with his children to their legal guardian, even if father waived the issue by failing to raise it in the juvenile court.

If you or a loved one has a custodial issue, it is important that you contact an experienced family law attorney in Southern California. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of family law matters. The vast resources at Wallin & Klarich allow our attorneys to offer outstanding representation to our clients. Our attorneys will aggressively fight for your rights. Call us today at (888) 749-7428 or visit us on our website at http://www.wkfamilylaw.com. We will be there when you call.

Many parents ask us whether their child has a say in what the child custody and visitation arrangement is. People want to know if the judge will listen to the child’s input when making a child custody/visitation order. Some parents ask whether the child gets to choose with whom he or she wants to live.

The answer will depend on the age of the child and also on the judge. If the child is too young, then the child’s preferences are entirely irrelevant. If the child is old enough, certainly most judges will want to hear the child’s point of view, although most judges will not make a decision based entirely on what the child wants.

How do you know when the child is old enough to have a voice? You don’t. It will depend on the judge. A good rule of thumb is 15 years old. Most judges will listen to what a 15 year old’s opinion on the matter. A judge will give less weight to the opinion of a 12 year old or even a 14 year old.

16 and 17 year old children, of course, are more likely to have their opinions heard. Of course, this does not mean that the judge will do whatever they ask—it just means they will consider it when making a decision.

If you are going through a child custody and visitation dispute, call us if you have any other questions. We are here to answer your questions.

If you or a loved is going through a divorce, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced California family law child custody attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Sometimes people want to change or modify their child custody and visitation but they do not want to go to court. They may not have the money to pay a lawyer to go to court for them. Can this dilemma be resolved? Yes. You can try to modify your child custody and visitation arrangement without going to court.

In order to do this, you will need to come to an agreement with the other parent. If you and the other parent are both on the same page and agree on what the change should be, then you can write up the agreement that you have made and ask the judge to sign that and make it a court order. If you need help writing up your agreement, an experienced family lawyer can help you with that. The lawyer will not even have to see the judge to get this done.

Frequently, when child custody and visitation change, child support will change as well. If you and the other parent agree on what the new child support should be, you can put that in your agreement as well. By reaching agreements as to all these issues, you and the other parent will save a lot of time and money.

If you would like more advice as to how to proceed with modifying your child custody and visitation arrangement, please give us a call. We are here to answer your questions.

If you or a loved one wants to modify an existing custody agreement, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced Orange County modification of child custody attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

The father of a child born out of marriage can petition the court to establish and enforce his rights as a father. Some of these rights include custody, visitation and the right to support the minor child.

The process involves filing a Petition to Establish a Parental Relationship along with filing an Order to Show Cause seeking orders for these rights. A DNA test can be done to prove whether or not the father is the biological father of the child. The court can make temporary orders regarding custody and visitation of the minor child once paternity has been established. These orders can include custody, visitation and support for the minor child.

Protect your rights as a parent and contact the experienced attorneys at the Law Firm of Wallin and Klarich. Call our firm now at 1-888-749-7428 and schedule an appointment with our experienced Los Angeles County family law attorneys to discuss your rights and options and also visit our website at www.wkfamilylaw.com.

So much is written when it comes to parent’s rights to custody and visitation of children, but what about grandparent’s rights? With so many children being born out of wedlock, establishment of custody and visitation has become increasingly important not only for parents, but for grandparents as well.

While grandparents can file papers with the courts to gain custody of their grandchildren, custody is rarely granted while the parents of the children are still in the picture. Grandparent visitation rights vary from state to state, but almost all states prefer that children live with their parents and for that reason will limit grandparent custody claims to the following circumstances:

• The child’s parents are deceased.
• The child’s parents have been deemed unfit to retain custody.
• The child’s parents consent to grandparent custody.
• The child has lived with a grandparent or grandparents for a year or more.

All states have currently enacted some form of “grandparent visitation” statute, giving grandparents the right to obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur. These types of orders can be especially useful when divorce or separation may cause a parent to limit a grandparent’s contact with his or her grandchildren.

Ultimately, the decision for California child custody and visitation lies with the court. However, it is in the best interest of any grandparent seeking visitation or custody to tread lightly, act respectfully, and portray themselves in the best possible light to preserve their grandparents’ rights and their ability to visit their grandchild. For more information on grandparent’s rights, contact our skilled California family law attorneys today at 1-888-749-7428 for a consultation of your family law case.

An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:

• Child Custody/Visitation Orders,
• Child Support orders, and
• Spousal Support orders.

Child Custody/ Visitation Order Modification
When the court finds a modification of the visitation schedule or child custody order to be “necessary or proper” and in the child’s best interests, [Ca Fam § 3022] the court may chose to alter its initial decision. The responsibility is on the parent seeking a modification to show a “significant change of circumstances” that would support such an alteration.

Modification of Child Support Orders
Child support orders are modifiable “at any time as the court deems necessary.” Even if the parties have agreed that support may not be modified, child support may be modified at any time especially if they do not adhere to the statewide child support guidelines.

Modification of Spousal Support Orders
Spousal support in California awards and agreements are modifiable throughout the support period, except as to amounts accrued prior to the filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal support is limited by the stated duration of the order, unless the parties agree to continue support for a longer period of time. [Ca Fam §§ 3603, 3651(c), 4333, 4335]

Whether you are seeking a modification of spousal support, child support, custody or visitation, your chances of successfully amending the courts orders increase substantially when your retain the services of experienced Family Law counsel. Custody and support proceedings are extremely important, affecting every part of your child’s life and your own future. When your circumstances change, it can become necessary to petition the courts to review their orders regarding your child or alimony arrangements.

With a skilled family law attorney in California from Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

During these tough economic times, if you’ve lost your job or your income has dwindled due to less work hours, you may be able to modify your child support. To modify your support you will need to file an Order to Show Cause for modification of child support with the court. You will need to:

• Provide proof that your income has changed (copy of your last three pay check stubs are usually required).
• They will recalculate a new support order based on your new financial situation.

You may also choose to modify your California visitation order and this will also change your support order. If one of the following applies to you, you may be able to modify your support:

• If you spend more time with your child that is currently not listed on your visitation order.
• If you have a current visitation order, but would like to spend more time with your child.
• If you currently do not have a visitation order filed and you are visiting with your child.
• If you currently do not have a visitation order filed and you would like to make a visitation order.

All of these will modify your support because the child will wind up being with you more of the time. Let Wallin & Klarich alleviate your financial burdens by assisting you in changing your support and/or your visitation order. You can call us at 1-888-280-6839 to discuss your case with one of our experienced Child Support Attorneys in California, or you can visit our website at www.wklaw.com for more information.

Even if you have resolved your initial California child custody dilemma, long distances separating a non-custodial parent from his or her child requires great efforts to maintain and/or develop a healthy relationship. Here are some tips to help you out:

Pay child support – It may seem obvious, but you would be surprised how many child support disputes arise out of miscommunication between parents or financial issues. If you believe that you are paying too much child support, or not receiving enough, an experienced child support attorney in California can help you determine what is fair based on government benefits, wages, investments, and other types of income.

Get involved with your child’s school – Why not request to be put on your child’s school mailing list? This way, you can keep track of special activities or events that your child participates in so if you cannot attend, at least you can communicate your sentiments.

Call your child on a regular basis – This effort goes a long way and it shows your child that you care about what’s going on in his or her life. Discuss a convenient time to chat so you can both enjoy the conversation and make it something to look forward to.

Exercise your visitation rights – The parent assigned exclusive custody (legal and physical) in court or through settlement, must allow the non-custodial parent to exercise designated visitation rights in California. A non-custodial parent who lives thousands of miles away still has reasonable visitation rights.

Aside from these suggestions, there are many other ways for a non-custodial parent to keep in contact with his or her child so that the parent is not “divorced” from the child as well. If you have any questions regarding child custody in California, please contact the skilled California family law attorneys at Wallin & Klarich. We can help you through the financial, legal, and emotional aspects of your child custody case so that you can attain legal or physical custody. Call us today at 888-280-6839 for more information.

Once the action for dissolution, nullity, legal separation, or paternity has been filed in court, you can establish child custody in California. This process is more complicated than a number of parents realize when deciding on the best environment for their children to live in. In some cases, the reasons for the divorce have to do with inadequacy to support the family or lacking availability to help take care of the children involved. These factors play a large role in determining legal child custody with the child’s well being in mind.

One complex issue that may come up in your child custody and visitation case is whether or not you or your spouse plans on moving to another county or state. Before this move occurs, you may require a modification of custody in California to ensure that any custody or visitation changes are legal and documented by the court.

If you have joint legal custody where both parents preserve the right to make decisions concerning the child or children’s health, safety, education and welfare, then residency is an important issue to discuss. A parent with sole legal custody who makes decisions alone regarding the child or children still needs to inform the court of his or her decision to move out of state.

As a parent who does not receive legal custody, you should still be entitled to visitation rights which are usually created by the court. Visitation is indeed affected if your spouse moves out of the state with your children.

To help you with all your child custody and visitation matters, you need the knowledge and experience of a skilled family law attorney in California who will assist you with your case and ensure that paperwork is filed properly and in a timely manner. Call Wallin & Klarich today at 888-280-6839 for a case evaluation.

What If My Child Is With Someone I’m Not Familiar With When Their Mother Or Father Is Supposed To Be Caring For the Child? What Are Your Rights As A Parent?

As a parent, you have an absolute right to know who is taking care of your child when the other parent is supposed to have their visitation time with the child. When parents of a child stipulate to certain California visitation rights or the court orders a visitation schedule, those parties must abide by that order from the court. Sometimes one parent might be too busy with their work or school schedules and thus leaves the child in the hands of people who the other parent is not familiar with. Often times the child is left with a new boyfriend or girlfriend or wife or husband. This can create problems for the other parent as they don’t know this other person and their ability to take care of their child. Many people ask what they can do to protect their children from these unknown persons.

What you need to do is hire an experienced law firm who can apply for a visitation modification and child custody in California. In this modification, the attorney would prepare and file documents that request that you obtain a “Right of First Refusal.” A Right of First Refusal is a right given to one parent that orders the other parent to ask the other parent’s approval when leaving the child with someone else for more than a certain period of time. Those periods of time can vary but can be used, for example, where a parent leaving the child with someone else for longer, than say three hours, would have to ask the other parent’s permission in order to do so. This gives the other parent some protection in knowing that their child will not be left without their mother or father for any longer than three hours.

The attorneys at Wallin and Klarich have over 30 years experience in family law matters and can prepare and file your forms and paperwork, as well as argue for your rights in court.

Please feel free to contact Wallin and Klarich for a free consultation. The skilled California family law attorneys at Wallin and Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at (877) 466-5245 for more information.