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20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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California mediation attorney, California divorce lawyerDivorce is emotional and stressful for everyone in the family, children included. Many times, children internalize their emotions and wrongfully blame themselves for the divorce. Thoughts such as, “I was bad, so my parent left us” or “They did not love me anymore either” race through their still forming minds. As adults, we know better, but it is tough for children to comprehend that the decision did not come as a result of anything they did, or did not, do. Additionally, if you share an infant child, the first year is imperative for long-term bonding. New studies show that overnight stays for children whose parents are divorced have essential benefits, leading many parents to change their child custody arrangements.

Old Beliefs

For a substantial length of history, it was the idea that younger children, especially under the age of two, suffer emotional damage by staying overnight with noncustodial parents. Psychologists believed that this time apart leads to the breakdown of consistency, trust, and security leading to irreparable harm to the parent-child relationship. Researchers concluded that infants and toddlers needed to understand that you were there for them, every time, without question to build a healthy and lasting bond. They thought that a routine of sleeping in the same place every night with the same routine built trust and a sense of security, promoting better sleeping habits and enhancing self-soothing capabilities.

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California mediation attorney, California divorce lawyerDivorce does not need to be a long, drawn out, or traumatic experience. Most people have enough stress in their daily lives that the thought of divorce is overwhelming. The idea of standing up in public forum senselessly arguing every minute detail and dirty secret is not appealing for most couples. The apprehension forces many unhappy couples to stay together creating more damage to the family dynamic and emotional state. Another option is divorce mediation. Here, issues are civilly discussed behind closed doors, resulting in a long-lasting solution on which everyone can agree.

Who Is Best Suited?

There is no “one-size-fits-all” method to divorce. In some situations, the property lines and boundaries are so complicated that it takes an expert to sort out property distribution. In other cases, the parties have not spoken in years, and there is no unity to untangle. Circumstances are different under each roof, requiring various alternatives to divide a marriage or a domestic partnership. Divorce mediation works best for:

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Posted on in Divorce

California mediation attorney, California divorce lawyerWhen you face divorce proceedings with your spouse, you have options on how you may go about the process. First, the least expensive and least stressful alternative for many couples is divorce mediation. However, this option is not appropriate for all cases. The good news is if you attempt mediation and the process is unsuccessful, your case is still eligible for a hearing in front of a judge. At this point, you give up all maintenance of power, and the judge has the capability to order whatever they see fit on all aspects, from property distribution to child arrangements. Is the judge’s determination “the end” or are you able to revisit the decision?

Options for Appeal

Dependant on the circumstances surrounding your case, you may be eligible to appeal the decision of the court. Meaning the verdict did not go in your favor, and you would like to have it reexamined in some way. Three different motions for civil appeal include:

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Posted on in Divorce

California divorce attorney, California mediation lawyer, Perhaps you and your spouse sat down and shared a lengthy conversation about what is wrong in the marriage and determined the situation as irreparable. On the other hand, maybe you knew that there were difficulties, but assumed there was nothing you could not work out together. No matter the situation leading to this point, nothing adequately prepares you for the moment you receive divorce papers, even if you saw it coming. What happens next? Do you have to reply? What happens if you refuse? These questions and more often come to the forefront of thought during this time.

The Papers

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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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