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Fullerton Family Law Blog

Developing a parenting plan when 1 parent moves away

It's common for one spouse to move some distance away after a divorce. They may be seeking someplace with a lower cost of living than pricey Southern California. They may want to live near parents, siblings or other family members. Perhaps they opt to take a job that pays better or offers more opportunity for advancement.

When there are children involved, if the move is out of California, you'll typically need to get your co-parent's approval or the court's. If the decision to move is approved, co-parents should develop an interstate parenting plan to help ensure that the children are able to maintain a relationship with both parents. That's the case whether they're moving with one parent or remaining here with the parent with primary custody while their other parent moves away.

Relocating with your children during and after divorce

Wanting to move on after divorce is a natural feeling. You do not want to dwell in the mires of the "what ifs" too long. However, if moving on in your mind includes a physical move with your children, you may not get to go so easily.

Relocating within Orange County, California, may turn out fine. However, if you want to leave the state and still maintain custody of your children, your former spouse may have some say in where you go, if anywhere.

Are your kids playing you and your co-parent against each other?

Many children realize at a very young age that they can "play" their parents against one another to get what they want. When parents are separated or divorced, this can be even easier to do. Often, all it takes is to tell one parent that the other won't let them do (or buy) something to get the other parent to agree. Divorced couples are often vying to be the best-loved co-parent, and what better way than to give your child something your ex won't? It's also a good way to get under an ex's skin.

Kids may be able to get what they want at the moment this way. However, in the long run, they lose the security of knowing that their parents, despite their differences, are united in parenting them.

Prenuptial agreements are essential for those remarrying

If 2019 is going to bring remarriage for you, you're likely confident that you're going into this union wiser than you were when you tied the knot the first time. That's probably true. One way to get off to a smart start on your marriage -- at least financially -- is to get a prenuptial agreement.

A prenup will help you protect the assets you're bringing into the marriage. Drawing up a prenup also gives you and your partner an opportunity to lay all of your financial cards on the table and discuss your individual and shared goals for the future. When drafting a prenup, both parties should disclose their assets and debts so that there are no surprises later. Even if you had financial issues that are now in the past -- like a bankruptcy -- it's important to disclose them.

California ranks first in the cost of divorce

This year's annual report from 24/7 Wall St. on the cost of getting divorced in each state found something likely not surprising to Californians: We ranked Number 1. After all, we have the third highest cost of living in the country. The states with the highest overall cost of living typically have more expensive divorces -- although not in every case.

It may be surprising to learn that, according to the study, California has the fifth lowest rate of divorced people in the country. In fact, the states where divorce is the most expensive generally have among the lowest divorce rates. The extent to which the two factors are linked can't be known for certain.

How do you include pets in your prenuptial agreement?

Thanks to a new law signed by outgoing Gov. Jerry Brown, beginning in the new year, pets will be considered more than "property" by judges deciding which spouse gets them in a divorce. Judges are directed to consider who can better care for the animal. There's also guidance in the law about making provisions for the pet's "custody" while the terms of the divorce are being worked out.

As with other issues that come up in divorce, most couples would prefer to decide who gets their four-legged companions on their own. However, sometimes they see things so differently that there's no room for compromise.

Attorney says Jolie and Pitt have reached child custody agreement

At this point, the divorce of superstar couple Angelina Jolie and Brad Pitt has lasted about as long as they were together as a married couple. Interestingly, the Los Angeles County judge who married them in France in 2014 is also overseeing the divorce. His position jurisdiction over the case has been extended until the end of next year.

The movie stars once dubbed "Brangelina" have been battling over the terms of their break-up for over two years since Jolie filed for divorce, and it looks like it won't be completely settled before the beginning of the new year. The main area of dispute is custody of their six children.

Should you get a legal separation or divorce in California?

The decision to end your marriage is not an easy one. Even if you know you want out, you may be hesitant to get a divorce. Perhaps you and your spouse have already moved on, living separate lives but legally still married. 

Although that is a common choice, it is not a secure one. A legal separation, on the other hand, allows you two to live apart while guaranteeing you the safety that comes with a legal agreement. However, it involves the same aspects of divorce, such as arranging a parenting schedule and dividing marital property. Which, then, should you get: a legal separation or a divorce? 

Dealing with a car loan you're a cosigner on in a divorce

When you and your spouse are dividing assets in a divorce, your vehicles are likely not among your primary concerns. Likely, you've got assets worth far more. However, if you agreed to cosign on a car loan for your spouse or your spouse did that for you, you probably don't want to continue to have your names on that loan together.

Your spouse may keep the car (particularly if they were the primary signer) and agree to make the loan payments. However, if they decide to stop making them or are late with a payment, your credit rating could be impacted. You may not even be aware that your ex wasn't making payments until you start getting collection agency calls.

How divorced parents can help avoid the holiday blues

If this is your first holiday season as a separated or divorced parent, you're likely facing the prospect of not being with your kids on the holidays themselves or not seeing them every day throughout their winter break. Maybe they're even going away for a few days or longer with your co-parent. You can minimize your holiday blues and help your kids enjoy the season with some planning.

If you and your co-parent already have a holiday schedule included in your custody agreement, you know when you'll see the kids and when you won't. Make sure that they know and understand the schedule as well. Kids like to be able to discuss their holiday plans with their friends.


Law Offices of Indu Srivastav, APLC
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Fullerton, CA 92835

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