Going through the breakup of a marriage is always painful, but divorce can be particularly hard on the children involved. California divorce laws deal with issues regarding marital property division as well as custody. In these matters, it is important to work with the other parent so that the needs of children are put first, while also making sure that your own rights are protected.
California Divorce Laws
The California Family Code addresses issues pertaining to divorce and child custody. Divorce may be granted due to irreconcilable differences, or in cases in which one of the parties lacks the legal capacity to make decisions. California is a community property state, which means that any property or assets acquired during the marriage will be divided equally during the divorce, which includes items such as homes, cars, recreational equipment, and household or personal items, as well as any financial accounts.
In some divorce cases, couples may come to mutual agreements regarding who takes possession of the family home or other items. In more contentious situations, the court must intervene. When children are involved, it is important to consider the following:
- Which parent will retain primary custody, and if they will remain in the family home;
- Furnishings and other belongings with may be required by the child or have personal meaning;
- Joint accounts established to provide for the child and their educational or recreational needs.
It is not uncommon for children to blame themselves or to act out when their parents get a divorce. Providing reassurance and avoiding arguments or conflicts with your former spouse in front of your child can help them better adjust.
Divorce and Child Custody
In addition to dealing with marital property in divorce proceedings, issues concerning child custody will need to be resolved. Under guidelines established by the California Court, the parents are required to fill out a parenting plan detailing the amount of time each will spend with the child, including holidays and vacations.
The judge handling your divorce case will consider the parenting plans and decide on one of the following types of arrangements:
- Joint custody, in which both parents share physical custody and decision making for the child;
- Sole custody, in which one parent is the primary caregiver, while the other has visitation.
In making these decisions, the judge will consider the material, emotional, and developmental needs of the child and the abilities of each parent to meet those needs. In whatever the judge approves, it is important for parents to make providing the love, encouragement, and emotional support their child needs during this time their top priority.
Our Orange County Divorce Attorneys Can Assist You
If you are going through a divorce or dealing with child custody issues, contact our experienced Orange County divorce attorneys today. At R & S Law Group, LLP, we provide the kind of compassionate, professional legal representation you can trust, while acting as a strong legal advocate to ensure you and your child’s best interests are protected.