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Can a Child Choose Custody?

June 6, 2023 / / 0 Comments

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.  

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered. 

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

How to Deal With an Ex-Spouse Harassment

March 10, 2023 / / 0 Comments

The relationship between ex-spouses is tricky and often hard to manage. While some are ready to move on from past relationships, others are so mired in anger and other negative feelings that they can’t let go, especially during a divorce. The law knows this and offers some ways of legally dealing with harassment if your ex-partner keeps harassing or intimidating you. The following are some ways to help you deal with this.

What is Harassment?

Harassment is any unwanted behavior that can cause physical and mental damage. Harassment comes in many forms, from verbal abuse to stalking to physical abuse. These are all harassment as per Californian harassment laws. If you are a victim of harassment, contact the police or your domestic violence attorney to decide what actions you may be able to take.

Should You Retaliate?

The first step in dealing with a harassing ex-spouse is to always take the high road and never get back at them. This will just make things worse, and you might even share culpability with them if the problem reaches the court. Instead, document the harassment and get a restraining order to avoid any arguments or discussions that could escalate the situation.

Related: Learn more about the benefits of getting a restraining order here.

Empower Yourself with Options

If your ex-spouse’s harassment continues and the restraining order doesn’t do the trick, go for other options. As additional protection, inform some trusted friends about the situation and seek legal assistance if your ex-partner is still trying to bait you into an interaction. Legal action can provide you with legal protection from further harassment and ensure that your ex-spouse faces legal consequences for their behavior.

Related: learn more about how and when to file a complaint for domestic violence here.

Reach Out To Local Support and Resources

Dealing with a harassing ex-spouse is indeed a troubling time, but it doesn’t mean it’s impossible to remain emotionally safe. You can reach out to a support group for people who are going through a divorce, as they can offer you practical advice and emotional support. Many local resources can be found here.

Rely on Family Law Richard E. Young & Associates

Family Law Richard E. Young & Associates has a history of helping clients protect themselves through harassment cases. We are well-versed in domestic violence laws and will get your rights back by any means. Contact our law firm today at (949) 951-9529 or visit our website for more information.

Divorcing with Pets

July 30, 2021 / / 0 Comments

Couples have been mercilessly fighting over pets in courts for decades. In recent years, California lawmakers have made some major changes to how animals are shared and divided between divorcing couples. While following along below, keep in mind that the California laws that have been passed are not obligatory, meaning judges still have the authority to call these cases as they see fit.

The Best Interest

At the start of 2019 California legal experts had to begin adjusting the way they handled pets and divorce in court due to a newly passed law. In late 2018 NBC reported on the new law saying, “The measure provides judges with the power to consider what’s in the best interests of the animal in divorce cases, instead of treating them the way they’ve been treated by courts in the past — as physical property.”

This means judges should consider what’s in the best interests of the animal, very similarly to how child custody cases are resolved in court. It’s up to judicial discretion to create a shared custody agreement by taking into consideration factors like who walks, feeds and plays with the pet when deciding who the animal should live with and when.

Service Animals and Emotional Support Animals

As of present emotional support animals don’t qualify as service animals in the legal system and are not protected under the Americans with Disabilities Act. Also, under the ADA only dogs can legally be considered service animals, with a rare exception only for miniature horses. 

In a California divorce case service animals will go on to continue living with the individual that the animal was initially placed with for medical reasons. However, since ‘emotional support’ animals are not typically recognized as legitimate by the courts, each individual judge will have to establish custody agreements based on their personal discretion which can vary case to case. 

Final Thoughts

If you or someone you know is going through divorce with pets call on the local pros of Orange County Family Law Richard E. Young & Associates for help. We are the easiest law firm to work with in the county and have an A+ rating among our local community. Our team specializes in divorce and family law including custody, trusts, visitation, domestic violence, bankruptcy and much more!

Things You Need to Know About Divorce during a Pandemic

December 30, 2020 / / 0 Comments

Divorce or separation during the pandemic has brought new challenges. CNN comments, “For marriages and relationships involving the usual strife, the stress of job losses, shared housing, co-parenting and health insurance worries have been exacerbated by the pandemic.” Couples that are making the decision to divorce should know about how the pandemic is currently affecting the separation process. Learn more about some of the divorce factors impacted by COVID-19.

Slower Response Time for Court Cases

As family courts are starting to re-open, there are still a backlog of cases in the system. To remedy the response time, many cases are being switched to Zoom meetings, where couples are communicating virtually instead of face to face. However, even with the technology of Zoom, many couples still cannot make a joint decision about their children attending in-person school, asset division, and other crucial aspects of a divorce. If you are needed for in-court appearances, be prepared that it might take some time.

Asset Division May Be Harder to Value

Because of the volatility of the market due to COVID-19, market-based assets such as your retirement and savings plans, might be harder to value. Even so, items are valued as the day you officially separate. However, given the circumstances of the pandemic, things might not be paid out until later. Even valuing your home, if you are choosing to buy or sell, is harder to determine because of the changing housing markets. Talk with a lawyer to get more certainty before making a big decision.

Complications with Work Stability

With multiple waves of lockdowns and restrictions, job stability has been shaky. Many people have lost their jobs and are struggling to recover, which puts more stress on spouses having to make support payments. Divorce Mag writes, “If you think you might be the one making support payments, know that if you lose your job, you may have to continue to make payments until a court agrees to lower them. And if you are the one receiving payments, know they can be cut back at any time.”

What Now?

If you need a divorce lawyer in Orange County, contact the professional attorneys at Family Law Richard E. Young & Associates. We are offering remote and internet services for your legal needs. CALL FOR A FREE INITIAL CONSULTATION AT 949-951-9529 TODAY!

Challenges You Might Face During a Divorce

October 29, 2020 / / 0 Comments

A divorce can be more complicated than one might think. Couples may encounter unforeseen circumstances and face situations where they have to make hard decisions. In order to be prepared for those challenges, read our blog to learn about the hardships some couples deal with during a divorce.

Emotional Instability

When one partner wants to make the marriage work and the other doesn’t, this can be emotionally draining for both people. There is heartbreak, frustration, and other emotions involved. This is why a divorce can be so complicated. It’s also difficult if the couple share a child together. This not only makes the divorce process more complex, but can have an adverse effect on the child as well.

Co-Parenting

As stated by lawyer Michael Rehab, “Each situation is unique, and some parents may thrive in a co-parenting environment while others may not be able to see the silver lining.” If a couple is having a hard time agreeing on certain terms, confrontation and fighting can happen. To move the legal process forward, a mediator or lawyer is sometimes needed to find a resolution.

Financial Burden

A main concern for couples when they are going through a divorce is finances. Going from a two-person income to a one-person income is a significant change, along with other financial adjustments such as alimony, child support, and asset division. Individuals can feel overwhelmed by certain financial requirements and turn to a lawyer for assistance.

Final Thoughts

You shouldn’t have to be alone during your divorce. The attorneys at Family Law Richard E. Young & Associates are dedicated and steadfast to move your case along, giving you reassurance and confidence knowing you’re in good hands.

We invite you to schedule a FREE consultation today.

Let us meet your legal needs!

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