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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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Californian family law attorney, California custody lawyerWhen it comes to our children, we all strive to be the best parent we can be. We want the perfect house, a successful career, and to see our kids grow up to become self-sufficient and one day has a family of their own. These life goals do not stop once we divorce our spouse. Additionally, from a child’s point-of-view, the only thing they want is to know they are loved and supported by both parents, regardless of their feelings for each other. Based on this understanding, the first right of refusal is a clause found in many child custody arrangements.

What is the first right of refusal?

Whether it is for a 12-hour work shift or a night out with friends, not all parents have the ability to be with their children 24-hours a day, every single day. The First Right of Refusal (FROR) concept in California means that if one parent is unable to be with the child, the other parent is the first person contacted to watch the child. This right is afforded in the child custody agreement and is applicable to both planned and unplanned events. Parents utilizing this clause enjoy the benefits of:

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California custody attorney, California family law attorneyAccording to CDC, an estimated 6.7 million couples have difficulty conceiving a child due to a wide variety of factors. After years of failed attempts, many turn to alternative solutions to complete their family. One avenue increasing in popularity is surrogacy. Through this method, a woman carries the child of another individual or couple until birth, then gives the child to the parents. A maternal bond develops naturally during the nine month gestation period which can create complications after delivery. Occasionally, the original arrangement no longer suits the surrogate mother and a custody dispute ensues.

Forms of Surrogacy

There are several different forms of surrogacy that a couple can choose, usually depending on the issue hindering their ability to conceive naturally. Two of these options stand out among the rest. The two most popularly utilized are:

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California custody attorney, California family law attorneyFamilies come in all shapes and sizes. With 40 to 50 percent of all marriages divorcing and an increasing remarriage rate, we see an unprecedented evolution in the traditional family home. No longer is the image of one mother, one father, and two children the normal makeup of the average family. Now, children are loved and cared for not only by their biological parents, but their new parents also love them with such fervor, it resembles that of an actual biological tie. With this changing family dynamic, we are witnessing legal cases redefine the child custody lines. With laws such as the “Third Parent Law,” what is the best interest of the children is entirely achievable through the avenues of mediation or litigation.

Is Three a Crowd?

Although it is common to find most children with one mother and one father, or two mothers, or two fathers, three is gaining popularity. The ability to have three parents was made possible by the plight of one family when all three demonstrated fitness as parents. Therefore, California Legislature determined “most children have two parents, but in rare cases, children have more than two people who are that child’s parent in every way. Separating a child from a parent has a devastating psychological and emotional impact on the child, and courts must have the power to protect children from this harm.” With this passage, not only may a child have three parents, they may have more if it is in the child’s best interest.

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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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Law Offices of Benita Ventresca

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

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408-395-8822
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