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Fullerton Family Law Blog

Do not let a parental alienation claim derail your custody case

Parenting during and after a divorce can be challenging for anyone. After all, you have to work diligently to ensure that your kids have the tools they need to adjust to a new way of life. Furthermore, you may have to put up with a co-parent who behaves irrationally. Either way, you must know about parental alienation and how it may affect your custody matter. 

In California, parental alienation is serious business. Parental alienation occurs when one parent denigrates the other parent to harm that parent’s relationship with the children. Judges in California typically do not look fondly on this type of behavior, at it poses the risk of causing long-term emotional harm to the kids. 

Spousal support: Designed for people who need extra help

Imagine relying on your spouse for everything you need. You might have stopped working to care for your children, due to illness or because of some other cause. Now, when you're totally reliant on their sole income for your family, they come to you and say that they want to get a divorce.

This is not an uncommon story for people going through divorce. In fact, there are many women and men who find themselves wondering how they're going to afford to live following their separation from their spouse.

Guardians: What you need to know

When your child needs someone to care for them, they usually come to you. However, if there's ever a day when you can't be there, do you know who will take on that role? A guardian can be assigned to your child, and they can take your place when you cannot be there for them.

Guardianships of minors are simply legal relationships between children and their guardians. The relationship gives the guardians certain rights and responsibilities, but it won't severe your legal rights to care for or be with your child. Guardianships co-exist with the legal parent-child relationship.

Can children say who they want to live with in court?

When you think about children having to go to court during their parents' divorce, you can imagine how complicated everything may seem to them. Children can be overwhelmed by court, which is why they are not normally part of the process.

In most courts in California, a child will be old enough to have a say in their custody arrangements once they turn 14. The older they get, the more weight their testimony will have.

Spousal support is still common: Here's what you should know

Spousal support is a complex topic, and many people try to avoid it because of the potential for it to be contentious. It is no secret that many people believe that spousal support is outdated. It was originally designed for women who would need to be cared for after a divorce due to limited job prospects. That isn't the reality today for most people, but support may still be necessary.

How do you seek spousal support?

Avoid trouble and calm yourself before negotiating during divorce

During your divorce, it's normal to feel alienated, lonely and even depressed. You may have distanced yourself from your estranged spouse's family and your shared friends and started to move on.

There is no question that divorce is difficult, and the emotional toll it takes can impact the agreements you negotiate. It is important to try not to let your emotions dictate your decisions since you could accept arrangements that you might otherwise be unhappy with out of grief, guilt or other feelings.

How to adjust your retirement plan after a divorce

Many couples throughout Fullerton and Orange County will go through a divorce. There is much to consider at this time, such as how you will divide custody between any children you share and who will get the family house. However, you also need to keep one eye toward the future and consider how this divorce will impact your retirement plans

Whether you are in your 20s or 50s, you want to think about retirement. You need to plan for how you will pay for living accommodations and other necessities once you no longer work. This may be easier to plan when you have a spouse, but in the aftermath of a divorce, it becomes murkier. Here are some steps to follow to make sure you protect your retirement accounts for the time being. 

Protect your credit when divorcing

Those going through a divorce should take steps to protect their credit. After all, you will be dependent on a single income after the split.

Good credit is one of your most vital assets post-divorce. You might need to refinance your mortgage in only your name or purchase another property entirely. If your credit takes to hard a ding in your divorce, you might wind up unable to qualify for a loan.

When should you become a legal guardian?

If you are asked to take over the care of a child in your life, then you may be someone who is looking into guardianship. It might be necessary for a minor to live with you instead of a parent, and in that case, you may be able to become a legal guardian.

Legal guardians take over the responsibilities of parents. You'll be asked to provide the basics for the child in your care, including food, shelter and medical care.

Can you withhold custody if child support isn't paid?

Child custody and child support are two completely different aspects of your agreement with the other parent. On one hand, you have a plan that dictates when you see your child and when they see the other parent. On the other hand, you expect payments to be made on schedule in accordance with the court order.

The one thing you cannot and should not do is withhold custody if you don't get a child support payment as you expected. Doing this is unfair to your child, a violation of the other parent's right to see the child and against the law.


Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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