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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 child custody lawyer, California family law attorneyWe are in the middle of the busy holiday season, and newly divorced parents are learning to cope with a new lifestyle. This year, there may be new child custody and visitation arrangements between everyone, creating unique challenges during the festivities. Not only is the situation difficult for the parents, but it is also a strain on any children involved. Although fewer than 50 percent of children today grow up with a “traditional family,” the constant flood of family togetherness during holiday media can create confusion for your family. There are a few steps that can assist in making the season easier for everyone after divorce.

Start New Traditions

If the thought of going on a nighttime drive to see all the decorated houses causes anxiety and sadness because one parent is absent, perhaps consider a new venue, such as a park to see the lights or a holiday festival. Continue with the traditions that do not create a significant amount of negative emotions, but if necessary, start new ones. Other holiday traditions to consider for something brand new are:

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California child custody attorney, California mediation lawyerDuring a divorce, many topics are necessary to consider. None of them are insignificant as each detail assisted in building a life together. However, one of the larger situations that require careful consideration is the child custody and visitation arrangements. The decisions made affect not only the adults in the situation but also the children and will continue to influence everyone involved for the years to come. The best solution is chosen during divorce mediation, or a judge can lay out a plan of action through divorce litigation.

Understanding Custody

There is more to determining custody than just with whom the child will live. Two forms of care need establishing, both physical and legal custody. Each of these types of care has various options within them. Understanding the options makes the decision-making process easier, so let us explain.

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California divorce attorney, California mediation attorneyDivorce does not only affect the married couple that is splitting; it systematically changes the dynamic of everyone with any relationship with them. From the family members that must adjust to how to maintain communication without stepping on toes to the friends that must now divide their friendship between the two separate entities, the entire situation must be treated delicately. Arguably the most significant relationship to consider is that of the children. Some kids are better equipped to handle the struggle, however, at any age, divorcing parents can be life-altering. Mediation lessens the negative results encountered with divorce.

Effects on Divorce and Children

Countless studies have investigated the effects that divorce has on children. Although it is impossible not to have any lasting mark, the goal is to minimize the negative repercussions. Their little lives rest entirely in your hands, including their emotional and psychological well-being. Studies found the following effects:

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California child custody attorney, California family law attorneyEstablishing Parentage

California law automatically assumes both parents are the biological parents if they are married at the time of the birth. However, this is not true if the parents are not married to each other. Parentage of the child must first be established before any custody issues are pursued. This may be done simply by filing a voluntary Declaration of Paternity. This may have been done at the hospital at the time of birth, which would have put both parents’ names on the birth certificate. If it was not completed immediately, it may be done later. This form may be picked up and filled out at any of the following locations:

  • Local Child Support Agency (LCSA),
  • Registrar of Births,
  • Family Law Facilitator’s office at your local Superior Court, or
  • Welfare offices.

The form may be completed at these offices or must be signed and witnessed by a notary public. Once this form is completed, it is not effective until it has been filed at the California Department of Child Support Services Paternity Opportunity Program (POP).  

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California family law attorney, California child custody lawyerBird nesting sounds like an idea meant for the local birdwatching hobbyists. However, it is actually a fairly new concept in child custody arrangements. It is a viable option for parents wishing to make the child custody and visitation arrangements as easy as possible for the children. While no situation is perfect for every custodial situation, this one may be a concept that should be considered by more families.

What Is Bird Nesting?

Bird nesting is a co-parenting solution that is extremely and uniquely centered around the children involved. Often times, divorce and custody situations can be painful and traumatic for everyone, especially for children. In most situations, children are moved around and often move several times during a year between two houses. They have two sets of friends, two bedrooms, etc. This new idea allows the children to stay in their home, and the parents move in and out of the house. Think of the adult birds leaving the nest, coming back and forth to the nest. The arrangement may be permanent or temporary.  The idea here is to create an easier life for the children and therefore both parents must agree to make the sacrifices necessary, even it if means making their own lives a bit more difficult.

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Law Offices of Benita Ventresca

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

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