Custody battles can be prevented if both parents are truly looking out for the best interest of their children; it’s important for the kids to be involved with mom and dad, and it does no one any good unless both parents understand this.
The best way to deal with those types of issues is with interview technique; I always ask my clients how much time they want with the kids and I ask them if the other parent is a good one. The answers give me a good opportunity to understand where they are and get them to understand they need both parents. Custody battles can be prevented, but it’s all about you initially consult your client and counsel your client about what the law is in the jurisdiction that you’re practicing in.
What Are Some Tips For Getting Through A Divorce Without Destroying Anyone’s Life?
Number one, if someone is hurting emotionally, they need to get in to counseling, either for individual therapy or therapy with their kids. Or maybe their kids need therapy; it really depends on the dynamics of what went on just prior to the parties splitting up. They need to try to carry on their lives as normally as possible after the separation and while they’re going through this process. They need to concentrate on the kids and try to make it so that the children’s lives are as unaffected as possible moving forward.
What Happens if One Spouse Wants to Move Out of State After A Divorce or During It?
After the divorce, typically, either during or after, the real linchpin on that is whether or not there are kids. If there are kids and mom wants to move out of state with the children, dad typically won’t like that. In those situations, if dad is a substantial part of the children’s lives, there will be a big court hearing with an expert involved to analyze what’s in the best interest of the children from the standpoint of the relationship with the non-moving party and will happen to that relationship.
Should the other spouse be permitted to move out of the jurisdiction, it’s a long process called a move-away. In California, unless one of the parents gives the okay to move and take the kids, there will be a court hearing, where a judge will make the call if it’s contested.
How is Alimony or Spousal Support Calculated?
In California, you have to look at how long the parties were married, and the wages of teach spouse; if both parties are earning roughly the same amount, spousal support may not be awarded because it’s based on the differentiation between the earnings of each party. In California, if it’s a temporary situation in which one spouse is the primary breadwinner and kicks the other out of the house and refuses to give them more money, the spouse who was thrown out should hire an attorney, get into court ASAP and file a request for order regarding a spousal support and child support along the same lines.
If there are kids and the wife is not being supported by the husband who supported her and the children for a period of years whether it’s 2 years to 10 years or 15 years, the wife needs to get into court. Once they have a hearing, the court in California uses software to calculate spousal support, and the child support will be calculated based on how much time the non-custodial parent gets with the children. It’s all put into software, which spits out a number.
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