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.

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 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.

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

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.

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.

Modern psychology confirms that the core of parenting is not found in the daily routine of carpools and soccer practice. The heart of being a parent is evident in the ethical, intellectual guidance, and emotional input that parents provide their children during the early years of life. The basis of this input starts with the parent’s own life experiences, which they pass on to their children. Lessons and teachings dealing with the fundamentals of how to live and treat people, the value system a child will hold onto, the standards that a child sets for himself, or the goals that she plans for are all a part of the parental influence – and none of these influences come from dressing or feeding a child, but from the mental wealth and knowledge that a parent might share with their child.

A parent’s ability to share with their child far exceeds their physical ability to interact with their child. Although the Court recognized that health and physical conditions may be taken into account, the law prohibits a per se finding that a disability was somehow proof that the parent was unable to provide a meaningful contribution to the child. The Court must look at the best interest of the child, and although physical disability may be considered, it does not prevent parents from maintaining custody or visitation with their children.

If you have any questions regarding disabled parents, with regard to child custody, child visitation, or child support issues, the Law Office of Heath L. Baker will help you. 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 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.