Few will disagree that domestic violence has a negative impact on the children of the parents who fight.  Although the majority agrees that one parent is usually the perpetrator of domestic violence, it does not mean that the other parent is most favorably advancing the child’s best interest.  Therefore, in cases where domestic violence has been alleged, it is important to exam both sides of the coin and obtain as much information about both sides of the story.

The Court will consider a case to be domestic violence related if, in the past five (5) years, one parent was convicted of domestic violence against the other, or if any court has decided that one parent committed domestic violence against the other.  Domestic violence occurs when a person intentionally or recklessly causes or attempts to cause bodily injury or sexual assault to the other, or places the other in a reasonable apprehension of immediate serious bodily injury.

If the Court concludes that domestic violence has occurred, there is a presumption that the perpetrator should not have sole or joint custody of the parties’ children.  The presumption may be overcome, although the Court cannot ignore the issue.  Factors rebutting the presumption include completion of a batterer’s treatment program or alcohol/drug abuse program, where applicable, completion of parenting classes, compliance with terms of parole or probation, and compliance with a protective order are a few.

Issues of domestic violence trump the importance of maintaining frequent and continual visits and the Court must make child custody and visitation orders based on all issues.  If domestic violence has been an issue in your child custody case, it is important that you speak with a family law attorney who can provide answers to your questions and give you the best representation possible.

If you have questions about child visitation order and how the issue of domestic violence may have an impact, the Law Office of Heath L. Baker will help you.  Please contact us at (951) 222-2228, or at our website: www.heathbakerlaw.com.  We would love to talk to you in person and discuss the family law or divorce issues that are important to you.

With the advancements in technology, and with more children becoming familiar with the family computer, parents and children are finding communication via email, Facebook, Skype, or text message a common alternative to face-to-face conversations.  With an adult-child of our own, living on the other side of the country, my wife and I use a combination of these methods to maintain communication with her; likewise, as an adult-child myself, I communicate with my out-of-state father in similar fashion.

In making orders of child custody and visitation, the Court must consider the “best interest of the child” before deciding where and with whom the child will live.  More and more, single parents who obtain custody are moving away from the non-custodial parent’s city, leaving that parent wondering how they will maintain frequent and continual contact with their child.

Frequently, courts include terms within their orders that provide for phone calls and “virtual visitation” via Skype, where the parent and child use a web-based program and camera to speak with each other while looking at each other.  On the surface, this seems like a quick fix; but Skype (along with other forms of non-personal contact) may cut both ways.  While providing people the opportunity to “see” each other, or the ability to show off school work and projects, a Skype interaction may leave the parties feeling, let down.  You can’t hug your child through a web-cam, nor can you tuck your little one in through a phone line.  Skype is a great program, if utilized properly it allows children and parents the chance to “visit” between visits.  But it does not allow the children to personally interact with each parent.  In addition, the custodial parent now must plan their days around scheduled Skype times, which must occur in front of computer, opposed to a phone call from the car.

I have heard from clients the pros and cons of using Skype; some like it, some despise it.  The fact is; Skype (or every other type of non-personal communication) fills a void – a void typically created by distance between parents who share a child.  It may not be the best solution, but it may be the one you’re stuck with.  As a custodial parent, if you decide to move away, you may saddle your child with a technological relationship.  Be careful what you ask for, you just might get it.

If you have questions about child visitation orders, move away orders, or the use of Skype for visitations purposes, the Law Office of Heath L. Baker will help you.  Please contact us at (951) 222-2228, or at our website: www.heathbakerlaw.com.  We would love to talk to you in person and discuss the family law or divorce issues that are important to you.

The First Amendment of the United States Constitution, federal, and state law, limit Courts from making orders that obstruct a parent‘s right to observe and discuss their religious tenets.  In proceedings for child custody, the Court is often asked to make orders pertaining to the child‘s religious heritage and input, when making orders that should be determined by the best interest standards.  The reoccurring issue is the balancing act between considering religious heritage and preference with issuing orders that prohibit or permit religious ceremony.

The United States Supreme Court held that government intrusion into the parents’ fundamental right to raise children in a particular faith violates the First Amendment of the United States Constitution.  A parent‘s religious beliefs alone do not render the parent unfit and parents may be allowed to expose children to different faiths.

Before a Court interferes with a parent‘s right to religious expression, there must be a showing of a substantial harm to the child, which must extend beyond confusion about faith.  However, the Court may deny the non-custodial parent‘s attempt to litigate or enforce religious freedom rights where that parent does not have custody of the child.  Therefore, obtaining an order for custody of your child is very important and the first step in retaining input into your child’s life.

During child custody proceedings, the Court must balance the confusion of the child against the sanctity of the right of freedom of religious choice, while the law protects expressions of religious views even while in conflict with a child who is exposed to parental conflicts regarding their personal faith.

If you have concerns about your child custody or child visitation orders and how they pertain to your rights regarding the religion influence your child may be exposed, the Law Office of Heath L. Baker will help you.  Please contact us at (951) 222-2228, or at our website: www.heathbakerlaw.com.  We would love to talk to you in person and discuss the family law issues that are important to you.

I am often asked by my clients and friends, “What should I wear to court?”

If you dress appropriately and respectfully, maintain hygiene, avoid gaudy accessories, and keep your cellular phone turned off, you are heading in the right direction.  Check out this article for more information:

http://www.huffingtonpost.com/daniel-clement/post_3051_b_1313645.html?ref=divorce

When it comes to Family Law, parents often lose track of what is important (what is best for the children) and tend to focus on what is best for them (winning the case, custody time grabbing, alienating the other parent, etc.).

I recently heard a parent ask a judge for an order preventing the new step-mother from attending any of the children’s activities.  Without just cause for the request, the judge pointed out that the activities occur in public places and he had little authority to prevent the step-mom from attending.  He then said, “I don’t get on my soapbox much, but listen up…”

The judge went on to tell the story of another judge, who forty (40) years earlier was the child in a divorce case.  This second judge recalled life as a child and being forced to split Halloween night with both parents, being required to change costumes from one parent’s home to the other parent’s home, and having his childhood ruined because his parent’s were more concerned over their own agenda’s than his.

Forty (40) years later the judge reiterated his story to make a point: don’t ruin your children’s lives in the process of seeking your own award.  Carefully search for and select your child custody attorney, and ensure they have an interest in your child’s welfare as much as your interest.  You only have one chance to raise your children.

From time to time, one party or the other (or even the Court) may request the use of a forensic evaluator, or “730 evaluator,” – a professional, expert, who provides a report to the Court with regard to a specific issue.  In the Family Law arena, during the course of a divorce, or child custody and child visitation action, these evaluations are often used by the Courts to obtain an expert opinion about the “best interest of the child.”

California law dictates that child custody and child visitation plans be based on the best interest of the child.  Evaluators make recommendations to the Court, through reports based on data that they gather through interviews with the parties and the children, through observations of the parents interacting with the children, and through multiple psychological tests.  Although the evaluators have extensive education and training, their recommendations are only that; ultimately, the decisions about custody and visitation will be left to the judge.

Most evaluations may take a significant amount of time, due to competing schedules and conflicting considerations of those involved; and most evaluations will cost the parties a few thousand dollars.  The finished report is used as a tool to provide additional information that the Court may not have, in making the best child custody decision possible.  The law, under the California Family Code, limits the evaluator to an opinion that fits within their training and experience, so finding the right evaluator is very important.

If you have any questions regarding “730 evaluations,” child custody, or other family law matters, the Law Office of Heath L. Baker will help you.  Please contact us through our website: www.heathbakerlaw.com, or call us at: (951) 222-2228.  We would love to talk to you in person and discuss the family law or divorce issues that are important to you.

One of the hardest things to do in a divorce is keep your mouth shut.  All too frequently I find myself trying to put out fires that a client has started, because they could not refuse to take the bait of their former spouse.  Keeping quiet, and avoiding a verbal confrontation is even more important when the parties have children.  Focus your efforts on co-parenting opposed to nit-picking the other parent’s faults.

I tell every client to live as if, “your children are always awake.”  What I mean is, act and live as if your children are always present during your conversations with the other parent.  Although your child may not be with you during the conversation, children have a way of noticing your demeanor and attitude (good or bad) after your conversation has concluded.  Remember that your children are one-half your ex, and negative comments can be received by your children as indirect attacks on them.

Badmouthing your ex-spouse takes effort, effort that is probably better used in a positive manner.  Redirecting your negative emotions towards a positive focus will help you and your children.  I once heard a family therapist suggest, try treating the other parent with the same amount of courtesy that you show the clerk at 7-11.  With this simple attempt, you will find that you have fewer conflicts with your ex and a healthier relationship with your children.  Your children may not openly chastise you for your behavior toward their other parent, but it is still their other parent.  You may not care for your ex, but your children probably do.

According to the U.S. Bureau of Census, of the 60 million American children under the age of 13, half are currently living with one biological parent and that parent’s current partner.  It is believed that half of those children (25% of all children) suffer second and third divorces, losing contact and relationships with stepparents.

The Court may grant a stepparent visitation of a child, if it is found to be in the best interest of the child.  An order for stepparent visitation must not conflict with visits by birth parents.  The Court will examine whether or not visitation is in the best interest of the child, because of conflict, struggles, and disruptions between the parent and the stepparent.  But the Court understands that children often find themselves without a biological parent who is capable of providing adequate physical and psychological needs.  In these situations, a stepparent may be the best person to provide care to the child.

If you have found yourself in the middle or the end of a divorce and feel that you are leaving a child behind, you may have a right to seek that award from the Court to maintain some visitation with your stepchild.  This type of visitation does not reach the level of custody or responsibility as a Guardianship and may be just what you need!

If you have any questions regarding stepparent visitation, stepchild custody, or other family law matters, the Law Office of Heath L. Baker will help you.  Please contact us at (951) 222-2228, or at our website: www.heathbakerlaw.com.  We would love to talk to you in person and discuss the family law or divorce issues that are important to you.

In making an award of child custody to either parent, the Court must consider several factors; the best interest of the child is always the intent of the Court, with custodial orders to both parents jointly, then to either parent.  If the Court makes an order of custody to one parent over the other, the Court shall consider which parent is more likely to allow frequent and continuing contact of the children by the other parent.

The Court may also consider an award of custody to a person whom the child has been living with, even if that person is not the child’s parent, if the living environment is wholesome and stable.  The Court may deem a non-parent suitable if they are able to provide adequate and proper care and guidance.

If the Court awards custody to a non-parent, over a parent’s objection, the Court must determine that it would be detrimental to the child to remain in the custody of the parent and a non-parent award of custody is in the best interest of the child.  Detriment includes harm of removal from a stable placement with the person who has assumed the day-to-day role of the parent, or one who fulfills the physical and psychological needs for care and affection of the child, over a lengthy period of time.

If you have found yourself caring for a child and providing the physical and psychological needs on a day-to-day basis, taking the role of the “parent” and have a desire to seek an award for custody of that child, you may have a right to seek that award from the Court.

If you have any questions regarding non-parent child custody, or other family law matters, the Law Office of Heath L. Baker will help you.  Please contact us at (951) 222-2228, or at our website: www.heathbakerlaw.com.  We would love to talk to you in person and discuss the family law or divorce issues that are important to you.

Child support will be an issue for any parent going through a divorce.  Generally, child support is ordered to be paid by the non-custodial parent, until the child reaches eighteen years of age AND has completed high school.  If the custodial parent has sought the help of the Department of Child Support Services (DCSS), enforcement of a support order may begin before expected.  If you have been contacted by DCSS for the payment of child support, it is important that you seek immediate legal help, from an attorney who practices custody and support law.

Typically, a DCSS action will begin when one party provides the agency with information that the other parent has failed to provide support for the child.  The DCSS is often aggressive in their attempts to collect support from the non-custodial parent, even when the information they have been provided is not completely true or accurate.  This sometimes leads to higher than necessary support orders for the parent who is ordered to make payments.

If child support is not paid, DCSS has the power to garnish pay checks, force parents to include children in health care plans, suspend or revoke driver’s licenses or other state issued licenses, and place liens on property or bank accounts to collect unpaid money.

Unfortunately, there are times when DCSS is necessary; but there are other times when mistakes are made and DCSS has gone after the wrong person or attempted to enforce an order against a person who is not behind on payments.  If you are facing a DCSS hearing, do not face it alone.  If you have questions regarding DCSS, Child Custody, or Child Support; the Law Office of Heath L. Baker will help you.  Contact us at 951-222-2228 or through our website; www.heathbakerlaw.com.  We would love to talk to you in person and discuss whatever family law issues you might have.