Even if California parents who are ending their marriage would like to avoid a custody battle, in some cases, it might not be possible. The other parent may be unwilling to compromise, or the relationship may simply be so hostile that the couple unable to negotiate a custody and visitation agreement. If this is the case, then a judge will make a decision about custody.
Family law attorneys handle many different types of cases, including those dealing with child custody modifications, but changes in custody may occur for many reasons. One instance would be when a child experiences the death of his or her custodial parent. A new guardian would need to be appointed as the responsible party until the child reaches adulthood.
The decisions involved in custody and creating a parenting plan are often the most contentious ones in a California divorce. Both parents tend to feel that their plan for the future of the child is the best. However, it may be that in some cases the conflict over custody and plans causes more damage to the child than could be mediated by the best plan. There are some strategies to help parents avoid causing unnecessary stress and emotional turmoil to their children during divorce.
California parents are not allowed to remove a child from the United States in an effort to restrict another parent's rights. Parents are also not allowed to detain a child in another country to interfere with another parent's right to their child. Those who take such actions may be guilty of international parental kidnapping, and they could face up to three years in prison.
In most cases, the Uniform Child Custody Jurisdiction and Enforcement Act will determine how an interstate custody case will be handled. For instance, if a child lives in California, the courts in that state generally have jurisdiction because it is the child's home state. The home state is where a child has lived with a parent for at least six months before legal action takes place.
When California parents go through a divorce, their children often suffer. How quickly children are able to adapt to a divorce often depends on the actions of parents. Parents do not always act in the best interests of their kids as a result of negative feelings about their ex. However, they should strive to put their own issues to the side for the best results for both them and their children.
California residents who are fans of rapper T.I. may be aware that he is going through a divorce from his wife of six years, Tameka 'Tiny" Harris. Tiny filed the divorce paperwork, noting that her marriage to husband Clifford Harris, known as T.I., was irretrievably beyond repair. Some sources have reported that Tiny may also be seeking an annulment.
When one divorced California parent moves to be closer to a new partner, this could cause disruption in the existing visitation schedule even if the move is a relatively minor one. An additional half-hour commute could add up to a significant time difference for the parent who is driving the child back and forth. Furthermore, the other parent may disapprove of the new partner and might not want the child spending time with that person. In turn, the new partner may dislike the ex-spouse and the ex-spouse's influence on the child. The outcome may be one parent refusing to transport the child for visitation.
The family courts in California may be dealing with more cases of grandparents seeking decisions about their interests in visiting grandchildren, but there are certain conditions that are necessary for grandparents to receive these rights. By the same token, parents might defend their rights to prohibit interaction between children and grandparents, but a court could rule in favor of a grandparent in specific scenarios. This area of law can vary greatly from one state to the next, but all states have recognized grandparent rights in some form.
HGTV star Nicole Curtis has been in a long custody battle with her ex-boyfriend, Shane Maguire, over their 1-year-old son Harper. Curtis had to get permission from the court to move to California with the child, but she is also responsible for paying Maguire's airfare for his visits.