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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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Los Gatos, CA divorce and child custody attorneyAs you prepare for your divorce, there is likely much on your mind. You may be plagued by questions like “How secure is my financial health?” and “Where am I going to live?” However, if you have children, your largest concerns are probably going to revolve around the issue of child custody. Fortunately, there are a few steps you can take to help you achieve an outcome that will allow you to meet your children’s needs and be the parent they deserve.

1. Be Willing to Compromise

Divorce is often thought of as a hostile battle between two former spouses who can no longer stand to be around each other. However, this does not need to be the case, and if you share children with your former spouse, you will want to establish a relationship in which you can continue to work together as co-parents. During your divorce, you can help achieve a positive outcome by being willing to reach agreements on child custody matters with your ex-spouse. Divorce mediation is a great way to address these issues, and by working with a trained divorce mediator, you can reach compromises that you can both be satisfied with. Mediation often allows you to have greater control of the outcome of your case than you would by settling the issues through litigation in court.

2. Be Engaged as a Parent

Your divorce is likely to take up a great deal of your time and attention, but you will want to make sure you continue to be the parent your children need during this difficult time. By staying closely involved in their lives, listening to their concerns, and offering comfort and support, you can be a source of love and stability for them. Keeping up with your child’s academic standing, extracurricular interests, and friend groups can ensure that you know what is going on in their life and how you can meet their needs. If child custody issues do need to be addressed in court, you will be able to show that you are a parent who is focused on putting your children’s best interests first. 

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Posted on in Divorce

Los Gatos child custody modification attorneyWhen you and your spouse decide to get a divorce, the months ahead are often trying for both parties. Not only does each person have to cope with the difficult emotions that come with the end of a long-term relationship, issues such as the division of marital assets must be resolved. The divorce process can be even more complicated when children are involved. Whether you and your spouse come to an agreement about child custody and visitation through mediation or litigation, you may want to seek changes to the agreement at some point in the future. If you are interested in pursuing modifications to your custody agreement, you should seek out the help of a qualified legal professional. 

Modifying a Child Custody Agreement

In many cases, the easiest way to make a modification is through working cooperatively with your former spouse. If the two of you are capable of having a healthy and professional dialogue regarding what is best for your child, you may be able to come to an agreement entirely on your own and file the modified agreement with the court. In other cases, you can work with a counselor or family law mediator to assist in coming to a compromise. 

While working together is always the best option, an agreement sometimes cannot be reached between the two parents. If the other parent is unwilling to agree to your proposed changes, you will need to request a modification through the court. Once you have filed a petition to modify the agreement, a judge will hear arguments from both sides and make a decision about whether the requested modifications would be in the child’s best interests. 

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Los Gatos divorce litigation lawyer

When a child suffers from physical, verbal, emotional, or sexual abuse, these actions can impact them mentally and emotionally for the rest of their life. Because of this, child abuse accusations are taken extremely seriously in the state of California. While all child abuse accusations should be heard and respected, there are times when these claims are false. There are a number of reasons why a person may fabricate an allegation, including cases in which a spouse attempts to secure child custody rights during a contentious divorce case. If you have been accused of child abuse, you should speak to a skilled legal professional as soon as possible. 

Child Abuse Accusations in California

In the state of California, there is a thorough process through which accusations of child abuse are analyzed. Under the Child Abuse and Neglect Reporting Act (CANRA), an allegation of abuse can come from several parties, such as a child’s teacher or coach. Once an accusation is made, it will be investigated by a social worker. The social worker will determine whether or not the case is unfounded, inconclusive, or substantiated. In the event that the case is deemed substantiated, meaning that the investigator believes the abuse accusations are more likely than not to be true, the case will be turned over to the California State Department of Justice. The Department of Justice will add information from the case to the Child Abuse Central Index (CACI). After the case is added to the CACI, the alleged abuser will be notified that their information has been cataloged. 

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Los Gatos divorce litigation lawyerOf the thousands of divorces that take place each year throughout the United States, many of them are entirely amicable. However, it is not uncommon for the divorce process to become hostile. Your marriage may be ending because one spouse acted in a dishonest or disloyal manner, or there may be a number of contested issues that must be resolved before your divorce can be finalized. In these cases, it is important to know how to react if your former spouse becomes hostile. Following the tips below could help you avoid costly mistakes during the divorce process. 

What You Can Do During a Contentious Divorce 

The decisions made during divorce will affect your life for years to come. If your ex-spouse is hostile, reaching an agreement on the various issues that must be addressed can be difficult. To ensure that you are able to reach a positive resolution, you should take the following steps: 

  • Hire an Experienced Attorney: When choosing a divorce attorney, you will want to make sure to work with a person who has experience addressing complex divorce issues, and you need to be able to trust your lawyer to represent your best interests. If your former spouse is aggressive or hostile regarding divorce issues such as the division of community property or the custody of your children, you may need to resolve these issues in court. In these cases, it is important to work with an attorney who is experienced in successfully litigating divorce cases. 

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Los Gatos, CA family law attorney for prenuptial agreements

Every year, thousands of Americans choose to pursue a divorce. The decision to separate can be difficult, and the process of resolving disputes through litigation or mediation can be very stressful. However, if a couple makes the decision to sign a prenuptial agreement prior to getting married, the anxiety and pressure of a divorce can be significantly lessened. There are multiple benefits of a prenuptial agreement.  If you are getting married, you should consult with a skilled family law attorney to determine whether a prenuptial agreement is the right option for you.

How a Prenuptial Agreement  Can Help

A prenuptial agreement is an agreement between you and your prospective spouse made prior to marriage that will define how certain issues will be resolved if the marriage ends, including through divorce or legal separation. Most notably, a prenuptial agreement may outline the division of property and make decisions about spousal support if you ultimately decide to divorce. Here are just a few ways that a prenuptial agreement could benefit you in the long run:

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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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