When parents choose to get divorced, or when unmarried couples do not live together, disputes over the custody of children can become highly contentious. During these types of cases, parents will want to understand how they can address their children’s needs and avoid acting in a way that will cause their children to experience emotional harm. They will also want to be sure to understand the best steps to take to resolve child custody issues in a way that protects their parental rights while providing for their children’s best interests. During these types of cases, you will want to be sure to avoid the following mistakes:

1. Acting in a Hostile Manner: The strong emotions involved in child custody cases can lead parents to behave in a way that could negatively impact their case. Be sure to refrain from speaking negatively about the other parent in front of your children, on social media platforms, or in court. It is best to remain as calm as possible and try to avoid arguments with the other parent whenever possible. Instead, conduct negotiations through your attorney or during mediation, limiting the possibility of angry outbursts or heated discussions. 
2. Violating the Court’s Orders: During the divorce process or while a child custody case is pending, the court may issue temporary orders regarding matters such as visitation schedules or child support. Failure to follow these orders could result in the court deciding against you in your case. During this time, be sure to pick up and drop off your children on time, and do not attempt to take the children when it is not your time to have them. It is also important to make child support payments on time and in the full amount according to the order. 
3. Not Focusing on Your Children: Even though you will likely be putting a great deal of time and energy toward legal matters, it is important to be sure you are taking time for your children as well. When making decisions about child custody, the court may evaluate your parenting skills, and you will want to demonstrate that you are closely involved in your children’s lives. Be sure to have a firm understanding of your child’s academic performance and extracurricular interests, and make sure you can provide your child with a safe, stable, and comfortable home life. If the court feels that you are not fully engaged as a parent, or if you are unable to provide your child with a safe home, this could have a negative effect on decisions about child custody. 

Contact a Los Gatos, CA Child Custody Lawyer

With years of experience helping clients throughout the entirety of the divorce process, Attorney Benita Ventresca will do everything in her power to help you reach a positive outcome to your child custody case. To schedule a complimentary consultation with an experienced Los Gatos, CA family law attorney, call us today at 408-395-8822. We serve clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

The divorce process can be incredibly stressful for the whole family, including both parents and children. Children often need time to adjust to the fact that their parents will no longer be married or living together, and parents will need to manage the legal and personal issues involved in their divorce while ensuring that their children’s best interests are protected. If you are looking to maintain a meaningful relationship with your children after your divorce, it is critically important for you to understand California’s child custody laws. To ensure that your parental rights are protected in these cases, you will want to work with a skilled family law attorney. 

Physical and Legal Custody

In the state of California, there are two forms of child custody: legal custody and physical custody. Physical custody addresses who children will live with, while legal custody addresses the right to make decisions about how children will be raised, including ensuring that they receive the proper healthcare and education. 

Following the finalization of a divorce, both parties will likely feel some level of relief, since they will be able to move on and begin the next phase of their lives. However, there are some cases in which conflicts can continue even after the divorce process has ended. Divorced parents are required to follow the child custody orders established by the court, and if one parent does not meet their requirements, the other parent may need to take legal action. If your spouse has violated your child custody order, you should speak with an experienced family law attorney to determine your legal options.

Examples of Custody Violations 

Custody order violations may pertain to both physical and legal custody. The most common violations involve a parent failing to abide by the terms of physical custody. For example, a parent may be consistently late picking up or dropping off children at the beginning and end of their visitation time, or one parent may refuse to allow the other parent to spend time with children as ordered by the court. Violations regarding legal custody may involve a parent making decisions about children’s education or healthcare without consulting with the other parent, or one parent may refuse to share information such as children’s school or medical records with the other party.

Steps You Can Take 

In the state of California, custody order violations are taken seriously, and they can result in significant legal consequences. If your ex-spouse has committed this type of violation, you will want to document the specific details of how they have violated the court’s orders. This may include noting the dates and times when they did not follow the visitation schedule or gathering other forms of evidence showing that they did not meet their court-ordered requirements. If your ex-spouse has consistently and willfully violated your child custody order, you may ask that they be held in contempt of court. If necessary, you can also petition the court for a modification of your child custody order to address your ex-spouse’s actions and ensure that your children’s best interests are protected.

The divorce process can be difficult to navigate, especially if you and your spouse have children together. Having challenging conversations with your children regarding the end of your marriage and resolving disputes over child custody can make a process that is already emotionally turbulent even more stressful. However, not every divorce has to come down to a hostile or aggressive battle in the courtroom. If you are willing and able to work together with your spouse to find solutions that will foster a healthy lifestyle for your child, you may want to consider divorce mediation as an alternative to litigation. 

Child Custody in California 

In the state of California, child custody is broken down into two primary forms: legal and physical custody. Legal custody provides a parent with the authority to be a part of important life decisions about matters such as children’s medical care and education. Physical custody refers to the child’s living situation, including where they will primarily reside and the amount of time they will spend with each parent. 

According to California state law, the protection of children’s health and welfare will be the court’s top priority when addressing child custody. It should also be noted that the state of California firmly believes that a child’s mental and emotional health can benefit from continued contact with both parents. The state will give both parties ample opportunities to establish a custody agreement on their own or through divorce mediation. If an agreement cannot be reached, a judge will make decisions about legal and physical custody. 

If you have decided to end your marriage and pursue a divorce, you may experience a great deal of turbulence in your life as you determine how to separate from your spouse and begin living as a single person. In some cases, couples may separate amicably and work together to resolve divorce-related issues using methods such as mediation. However, there are also cases in which a divorce can become hostile and highly contested. If you are experiencing high levels of conflict when separating from your spouse, you will want to understand the best ways to respond and protect your rights during the divorce process. 

What You Can Do During a Hostile Divorce 

When a divorce becomes contentious, it is important to remain calm, avoid conflict whenever possible, and focus on the things that matter. Some steps you can take in these cases include:

• Focus on Your Safety: If your spouse has committed abuse against you or your children, or if they have acted in a way that has caused you to fear for your family’s safety, you will want to take steps to protect yourself and your children from harm. You may need to obtain an order of protection that will prohibit any further acts of abuse or violence, prevent your spouse from contacting you or entering your residence, and put arrangements in place to ensure that you will be able to meet your family’s needs as you proceed with the divorce process.

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