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Top Reasons a California Judge Will Modify Child Custody

In California, a child custody order is not carved in stone until a child turns 18. Life changes, and what worked for a family last year might not serve the child’s best interests today. But California family courts don’t modify custody orders lightly. A parent asking for a change must show a “significant change of circumstances” that proves that the modification is in the child’s best interests. In this month’s blog, we cover the most common grounds California judges consider when modifying child custody orders.

Parental Relocation (“Move-Away” Cases)

Few issues stir up custody battles like a proposed move. California is a sprawling state, and relocation can disrupt visitation and upend a child’s school and social life. However, judges weigh whether the move is made in good faith (for a new job, family support, or education) or in bad faith (to cut off contact with the other parent). They also consider the distance, the effect on the child’s bond with the non-moving parent, and, of course, the child’s best interests.

Related: Learn more about mistakes to avoid in California child support cases here.

Health and Safety Concerns

California family law puts a child’s well-being front and center. If a child’s physical or emotional safety is jeopardized, the court can modify custody immediately—sometimes on an ex parte (emergency) basis.

Under Family Code § 3044, there’s a presumption that custody with a perpetrator of domestic violence is not in the child’s best interests. Also, if a parent develops a drug or alcohol problem that clouds judgment, visitation may be restricted, suspended, or supervised until recovery is proven through testing and treatment.

Parental Alienation

Judges take a dim view when one parent poisons the well by undermining the child’s relationship with the other parent.

Examples: Badmouthing the other parent, blocking communication, fabricating abuse claims, or encouraging disrespect.

Court Response: Alienation is often treated as emotional abuse. If proven, custody may be shifted to the other parent, and the court may order therapy to rebuild trust.

Related: Learn more about tips for co-parenting after a divorce here.

Repeated Violations of the Custody Order

If a parent thumbs their nose at the court by repeatedly violating the custody schedule—missing visits, arriving late, or making unilateral decisions—the judge may step in, and some penalties might be applied.

Pro Tip: Keep a detailed log of every violation with dates, times, and witnesses. This documentation can strengthen a motion for modification or contempt.

Get assistance from Family Law Richard E. Young & Associates

If you’re considering a custody modification, it’s wise to consult our attorneys, who can help you present your strongest case. To schedule your initial consultation with our Lake Forest, CA child custody lawyer, give us a call at (949) 951-9529. Visit our website at richardeyoungattorney.net to learn how we can assist you in pursuing the best outcome for your child.

Top Mistakes to Avoid in California Child Support Cases

In California, child support cases can be emotionally charged and legally complex. Parents always want what’s best for their children, but errors during the legal process can lead to long-term financial and emotional repercussions. It is essential for both the paying and receiving parents to recognize common pitfalls that could jeopardize their case. In this blog, we will outline the top five mistakes often made in California child support cases and, more importantly, how to avoid them.

1. Failing to Provide Accurate Financial Information

One of the most common mistakes in California child support cases is failing to disclose accurate income and expense information. The child support calculation is heavily based on both parents’ income, so withholding or misrepresenting information can backfire. Courts can access financial records and may impute income based on earning potential if they suspect deception.

How to avoid it: Always provide complete and truthful documentation of your income, including pay stubs, tax returns, and any other sources of earnings. Transparency builds credibility and helps ensure a fair and accurate support amount.

2. Ignoring Court Orders

Disobeying a court-ordered child support arrangement is a serious mistake. Late payments or failure to pay altogether can lead to wage garnishment, fines, or even jail time. Some parents assume they can adjust payments on their own if their financial situation changes.

How to avoid it: Follow the court order strictly unless it’s officially modified. If your financial circumstances change, immediately file a motion to modify the support order rather than making unilateral changes.

3. Not Keeping Track of Payments

Many parents fail to keep a clear record of child support payments, especially when they are made informally via cash, apps, or personal checks. Without proper documentation, you could be accused of missing payments even if you paid on time.

How to avoid it: Use official payment methods like California’s State Disbursement Unit or request receipts for every transaction. Maintain a detailed log of payment dates, amounts, and methods to protect yourself in any disputes.

4. Overlooking the Impact of Custody Arrangements

Child support calculations in California consider how much time each parent spends with the child. Misunderstanding or misrepresenting custody time can significantly impact your financial obligations.

How to avoid it: Be honest about your custody schedule and ensure that any changes are documented and agreed upon in writing. Work with your attorney to present accurate information to the court when determining or modifying support amounts.

5. Not Seeking Legal Guidance

Many individuals attempt to handle child support cases without legal assistance, thinking it will save money. Unfortunately, this often leads to avoidable errors that cost more in the long run.

How to avoid it: Consult an experienced family law attorney to guide you through the process, especially if your case involves complex income, disputes, or custody arrangements. A legal expert can help you protect your rights and ensure compliance with California law.

Related: Learn more about when it makes sense to modify a court order here.

Conclusion

Navigating child support cases in California can be complex, but avoiding common mistakes can make a significant difference in the outcome. If you’re dealing with a child support issue or need help understanding your legal options, Family Law Richard E. Young & Associates in Lake Forest, CA, is here to provide trusted guidance and support. Visit richardeyoungattorney.net to schedule your consultation with our experienced family law attorney.

Can Domestic Violence Charges Be Dropped in California?

Being accused of domestic violence in California carries heavy emotional weight, yet charges don’t guarantee a conviction. State laws enforce strict protocols in these cases, reflecting their profound effect on victims and families. In this month’s blog, we outline the legal process behind domestic violence charges, reveal factors that influence outcomes, and shed light on your options.

The Role of Prosecutors in Domestic Violence Cases

In California, domestic violence charges aren’t solely up to the victim to pursue or drop. Once police are involved, the case often moves to the prosecutor’s office. Even if a victim requests dismissal, prosecutors can proceed based on evidence like witness statements or physical injuries. This stems from the state’s commitment to public safety and preventing further abuse, as outlined in Penal Code 273.5.

Related: Learn more about the types and implications of domestic violence in California here.

Challenges in Dropping Domestic Violence Charges

Dropping domestic violence charges faces hurdles due to California’s stringent laws. Victims may recant statements out of fear or reconciliation hopes, but prosecutors prioritize patterns of abuse over retraction. Courts may also issue restraining orders, complicating dismissals. Evidence strength – like photos or medical reports – often outweighs a victim’s wishes, making it tough to halt proceedings once started.

Factors That May Lead to Dismissed Charges

Criminal charges can be dropped for reasons like weak evidence, but dismissing domestic violence cases in California is tough. Prosecutors often enforce a ‘no-drop’ stance on domestic violence offenses, prioritizing public safety over personal requests. For deeper insight, check California Courts to understand the process and what it takes to navigate such allegations.

Get Help From Family Law Richard E. Young & Associates

Navigating domestic violence charges in California is complex, with limited control for victims once the state steps in. Prosecutors focus on evidence and safety, not just personal requests, meaning dismissals hinge on legal factors. If you’re facing this situation, consult with Family Law Richard E. Young & Associates to explore your options. Contact us today at (949) 951-9529 today to protect your rights and seek the best resolution.

Navigating the Finer Points: When Does Child Support End in California?

If you’re a parent making child support payments, you’re likely wondering, “When does this financial responsibility come to an end?” According to California law, a parent’s duty to support their child continues until the child turns 18. It’s crucial, however, to be aware of significant exceptions. In this month’s blog, we’ll explore key scenarios where child support may end in California and how to end it.

The Child Gets Married

If the child gets married before turning 18, this event can lead to the termination of child support obligations. Marriage is considered a legal emancipation, indicating that the child is now assuming adult responsibilities independently. However, both married and unmarried parents should seek legal advice to formally address the conclusion of child support.

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Emancipation through Self-Support

An instance that might result in an early conclusion of child support, it’s if the child achieves self-sufficiency. Self-supporting, in this context, signifies the child attaining financial independence and no longer depending on parental financial aid.

For the court to acknowledge the child’s self-supporting status, the paying parent needs to furnish substantial evidence. It could be tax returns, bank statements, or showing that the child is independent for financial aid.

The Court Ends the Support or Custody Order

In some cases, the court may intervene to end child support or custody orders. This could be due to a change in circumstances, the child’s request, or other legal considerations. Parents must stay well-informed about any court decisions that might affect their child support obligations, especially when the child expresses a preference for a particular custody arrangement.

How Do I End Child Support?

Typically, to terminate child support, you must file a formal request in court known as a motion. You have to show the court or LCSA (local child support agency) that your child is self-supporting and is no longer reliant on parental assistance. Another important point is if you were the supporting parent but now have custody, file a motion to stop or seek support. Failing to modify the court order may let the other parent enforce it, even if your circumstances have changed.

Consult With Family Law Richard E. Young & Associates

We at Family Law Richard E. Young & Associates can help you understand your child support obligations or modify them. We will guide you in the termination process of your court order. Contact our office at (949) 951-9529 to ensure you are prepared for this legal transition. Let us assist you during these crucial moments.

Things to Consider Before Hiring a Lawyer for Your Business

Unexpected legal matters can occur that companies cannot resolve on their own and sooner or later, every business will need legal representation. When searching for an expert lawyer, find one who has the experience, knowledge, and professionalism your business needs to succeed. And most importantly, look for a lawyer who is ready to fight tooth and nail for your cause.

To help you choose the right one, we have worked diligently to compile this list of top things you have to consider before hiring a lawyer.

Know When You Need to Hire a Lawyer

If you have just started your business, we suggest you start communicating with a business lawyer. Inquire about the prices of basic services, such as initial legal advice or other matters related to the company. But, if you have decades in business, you may have your legal department. In this case, you don’t need a lawyer to settle your legal matters. But still, we suggest you keep in contact with a master lawyer.

Find a Lawyer Who Understands the Market or Is Willing to Do So

Yes, you need a general business attorney. But if the lawyer does not have any idea about your field of work or how it is managed, then there are bound to be disagreements. For instance, if your company manufactures agricultural machinery, it’s good to find a lawyer that also specializes in the agricultural industry.

However, a lawyer specializing in your industry isn’t always a requirement. It just means that your legal advisor must have a desire to know and understand what your company does every day and who are your main clients and strategic partners. You must analyze and clarify these matters in the legal plan.

Choose a Law Firm Suitable for the Size of Your Company

If your company is working towards becoming one of the mega businesses like Facebook, Amazon, or the next Tesla, then it is best to sign up for the services of large law firms. On the other hand, a newly launched company needs only a single legal advisor or lawyer rather than working a large law firm.

Conclusion

At a certain point, you will establish a professional relationship with a lawyer that will last throughout your career. At Family Law Richard E. Young & Associates, we are ready to do the legwork and are committed to singularly working for you. Find more about our services here or call us at (949) 951-9529.

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