When parents decide to end their marriage and get divorced, their divorce decree will include the decisions made about child custody and visitation, including the rights both parents have in making decisions regarding how their children will be raised and schedules for the time that children will spend with each parent. The decree serves as a court order, and parents are required by law to follow its terms. Unfortunately, situations often occur in which one parent interferes with the other parent’s custodial rights or parenting time. In these cases, it is important for parents to understand their options for enforcing their custody order.

Enforcement of Court Orders

Interference with custody or visitation can occur in a variety of ways. One parent may not inform the other about children’s medical treatments or educational needs, or they may fail to consult with the other parent when making important decisions. A parent may refuse to allow the other parent to spend visitation time with their children, possibly because there is a dispute about the payment of child support. In the worst cases, a parent may abduct their child, taking them away from the other parent and cutting off communication.

Couples who are planning to get married are not likely to be thinking about divorce. However, taking the time to consider how certain matters will be handled if their relationship ever ends can save them a great deal of difficulty in the future. By creating a prenuptial agreement, a couple can make decisions about issues such as the division of property or spousal support, ensuring that their rights and financial security will be protected, no matter what happens in the years to come. Here are some benefits that a prenuptial agreement can provide:

Protecting assets - California is a community property state, which means that property owned by married spouses must be divided equally during divorce. A prenuptial agreement can specify each spouse’s ownership rights to any property owned by a spouse prior to getting married or acquired by married spouses. This can be especially helpful when one or both spouses own business interests since an agreement can determine how business ownership will be handled and ensure that the business can remain operational after divorce.

Assigning responsibility for debts - If either spouse has significant debt, a prenuptial agreement can make decisions about who will be responsible for this debt after divorce. It may also specify how the spouses’ incomes will be allocated to pay for debt during their marriage.

During divorce, spouses may feel some animosity toward each other, which is to be expected when a relationship has fallen apart. Unfortunately, the fallout from the breakup of a marriage can also affect the children of divorcing parents, and in some cases, a parent will actively attempt to harm their children’s relationship with the other parent in hopes of influencing the outcome of child custody disputes. This is known as parental alienation, and it can be incredibly damaging to children’s mental health and well-being. During a contentious divorce case, parents should watch for the warning signs of this type of behavior and seek legal help when necessary.

Types of Parental Alienation

Parental alienation can take many forms, including:

Ending a marriage through divorce is often best for all family members, including parents and children, since it can eliminate conflict and tension in a home where a couple’s relationship has broken down. However, parents and children often struggle to adjust to their new reality following divorce, and continuing conflict between parents can make things difficult for everyone. Since both parents want what is best for their children, they should try to work together even after they are no longer married, cooperating to raise their children. Here are some tips for avoiding common mistakes that parents make during and after divorce:

Maintain consistency - It is best for children to have a consistent routine and expectations at both parents’ homes. Following regular schedules for meals, baths, chores, and bedtimes can help them avoid uncertainty. Parents should also work together to ensure that they follow similar rules and disciplinary procedures at both houses.

Avoid competition between parents - Parents should not spoil or overindulge their children in an attempt to influence their children’s preferences between parents. It is also important to avoid speaking negatively about the other parent, criticizing their disciplinary choices, or overriding their rules.

The end of a marriage is difficult, whether a couple experiences a contentious break-up or an amicable split. Separating yourself from your former spouse and embarking on a new phase of your life as a single person can be a daunting prospect, and it is understandable to feel a great deal of anxiety and stress during this time. However, it is important to take care of yourself during your divorce, and this time of change provides you with a great chance to build a foundation of good self-care that will help you thrive. Here are five tips to follow as you build a new life for yourself:

• Stay positive - It makes sense to feel a great deal of emotional turmoil about the end of your marriage, but it is best to avoid being consumed by negative emotions like anger, sadness, or guilt. Instead, try to focus on the positive, looking at the good things you do have and the things you have accomplished while feeling compassionate toward yourself and reminding yourself that you have the strength to get through this difficult time.
• Keep yourself active - You may feel lonely in your newly-single life, and it can be easy to withdraw during this time and spend time by yourself. However, this can lead to unhealthy behavior or depression. Creating and following new routines and keeping yourself moving can help you avoid a sense of being stuck in one place, and getting out of the house to exercise or participate in activities can help avoid feelings of isolation.
• Take care of your health - It is very important to pay attention to your physical health as you begin this new stage of your life. Make sure to eat healthy foods and get plenty of exercise. Living a healthy lifestyle is not only good for your body, but it can greatly benefit your mental health as well.
• Be involved in your community - Now that you are no longer married, you may have more spare time, and this is a great chance to participate in hobbies or activities you enjoy, learn new skills, and connect with others that share your interests. Signing up for classes, joining a club, or volunteering at a charitable organization are all great ways to be involved in your community.
• Connect with friends and family - Close friends and family members can provide important emotional support when you need it, so be sure to reach out to others when you need help. This is a good chance to reconnect with those you may have lost touch with during your marriage or cultivate new relationships.

Contact a Los Gatos Divorce Attorney

If you are planning to end your marriage in divorce, or if you have separated from your spouse and need to complete the divorce process, the Law Offices of Benita Ventresca can provide you with the legal help you need. We will work with you to address the legal issues that must be resolved and help you reach an outcome that protects your family’s best interests. Contact a Los Gatos, CA family law attorney today by calling 408-395-8822 to arrange a free consultation.