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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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California family lawyerDuring their parents’ divorce, children often experience a great deal of emotional turmoil, and the stress of living in a high-conflict home, uncertainty about the future, and difficulty adjusting to new living arrangements can lead to short-term and long-term physical and mental health issues. Even though parents may disagree about who will have legal and physical custody of their children, they should be able to work together to put their children’s best interests first. When doing so, they should consider recent research which shows that children often fare best in shared custody situations in which they spend near-equal amounts of time with each parent.

Research on Shared Parenting

Until recently, it was often considered best for children to primarily live with one parent after divorce, and experts believed that the stability of a single home was preferable to adjusting to living in two homes. However, a number of recent studies have countered these assumptions and found that children often benefit from sharing time with both parents. Findings of these studies include:

  • Regardless of the level of contentiousness between parents during their divorce, children in shared custody situations (in which they live with each parent at least 35% of the time) experienced less stress than those who live primarily with one parent.
  • When children live in shared parenting situations, they tend to have better relationships with their parents, step-parents, and grandparents.
  • Children in shared custody families show better academic achievement and emotional health.
  • Children in shared parenting situations experience fewer behavioral problems, such as juvenile delinquency, misbehavior in school, bullying, or use of drugs, alcohol, or tobacco.
  • While many believe that infants and toddlers should primarily reside with their mothers, studies found that their bonds with both parents do not suffer when mothers and fathers share overnight parenting time.
  • The level of parental conflict tends to be a separate issue from parenting time. Children experience benefits from shared parenting, even in high-conflict situations, including when one parent objects to a shared parenting situation.
  • The benefits of shared parenting are not related to parents’ income level.

Ultimately, shared parenting allows children to have a close, ongoing relationship with both parents, and the benefits of these bonds outweigh the problems caused by conflict between parents. While parents should strive to keep their children from being caught in the middle of their disagreements, they should also understand the importance of being a primary figure in their kids’ lives.


Contact a Los Gatos, CA Child Custody Lawyer

In modern divorces, child custody arrangements often reflect the nature of how today’s parents care for their children, with both parents participating closely in guiding their children’s development. At the Law Offices of Benita Ventresca, we can help you create a child custody agreement which will protect your children’s best interests and help them thrive following your divorce. Contact a Los Gatos family law attorney at 408-395-8822 to schedule a free consultation.

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California divorce lawyerThe end of a long-term relationship is often a difficult time for everyone involved, and during a divorce or break-up, couples will likely experience a great deal of emotional turbulence as they establish new living situations, separate their finances, and determine how to move forward with their lives. These situations often involve a high level of conflict, and disagreements can become even more contentious when children are involved.

The decisions made about child custody will affect parents’ and children’s lives for years to come, so divorcing parents should be sure they fully understand their rights and keep their children’s best interests in mind. Here are some tips to follow when working to reach a resolution in child custody disputes:

  1. Do not involve children in conflict - It is important to protect children from arguments between parents, allowing them to maintain good relationships with both their parents going forward. Never try to alienate your children against their other parent or use them to send messages to your ex.

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California family lawyerUnder California’s Child Abuse and Neglect Reporting Act (CANRA), certain people are required to make a report to law enforcement when they reasonably suspect that a child may be the victim of abuse or neglect. These reports will trigger an investigation, and if a social worker believes that there is evidence that the alleged abuse was likely to have occurred, they will forward the substantiated report to the California Department of Justice (DOJ), and the alleged abuser will be placed on the Child Abuse Central Index (CACI).

Being listed in the CACI can have a major impact on a person’s life, affecting their ability to find employment, serve as a volunteer, adopt a child, or act as a foster parent. Fortunately, California law provides people with the ability to dispute their inclusion in the CACI.

CACI Grievance Hearings

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California family lawyerChildren are some of the most vulnerable members of our society, especially when they are in danger of abuse by the people who are responsible for raising and caring for them. In order to help keep children safe, the state of California has put several laws in place designed to protect them from abuse and neglect, including the establishment of the Child Abuse Central Index (CACI). However, these laws can negatively affect people who are falsely accused of child abuse. During child abuse investigations, it is important to know your rights and understand how the laws affect you.

Understanding the CACI

In California, when a report of suspected child abuse or severe neglect is made to a law enforcement agency, a social worker will investigate the situation. If they find that the report is substantiated (meaning that they believe that it is more likely than not that the alleged abuse actually occurred), their report will be forwarded to the Child Abuse Central Index, which is administered by the California Attorney General.

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California divorce lawyerWith Thanksgiving recently passing and the December holidays just around the corner, child custody and visitation issues may arise, especially if you, your ex-spouse or partner, and children will be celebrating separately for the first time. When these issues surface, it is imperative to clearly establish parenting time (sometimes termed “visitation”) through a formal plan.

When parents and children understand and can anticipate how and when parenting time is to occur, the stress and conflict associated with change and new arrangements will diminish rather than escalate. In meeting your child custody and parenting time needs, work together with an experienced Cupertino family law attorney.

A Parenting Plan Is a Custody and Visitation Agreement Between Parents

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20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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