5588 N. Palm Avenue, Suite N1, Fresno, CA 93704
children of divorce

The Children of Divorce and Separated Relationships

During a divorce, separation, or disagreement between parents, the children face a range of issues that can have a profound impact on their emotional well-being and overall development.  The following are the words of a Pediatrician:

“Divorcing parents need to put the best interests of the children ahead of everything else.  So they need to work together at co-parenting and make their top priority to encourage the children to have the best possible relationship with the other parent.”

James Kratzer, MD Fresno, CA

This sage statement of course applies equally to parents who were never married.  The challenges the children experience may vary depending on their age, personality, and family dynamics. Younger children may struggle with understanding divorce and may blame themselves, while older children and teenagers may experience anger, sadness, and fear about their future. It is crucial for parents to create a supportive environment that encourages open communication and active listening, allowing children to express their emotions and concerns. Maintaining consistent routines can provide children with stability and predictability amidst the changes. Reassurance and unconditional love are essential to alleviate children’s anxieties and prevent feelings of guilt. In terms of the legal aspect, developing a comprehensive co-parenting plan, discussing child custody arrangements, and establishing clear guidelines for visitation and communication are vital. By addressing these children-related issues during divorce or separation with empathy and consideration, we can help children navigate this challenging period and promote their well-being and happiness.

As you move forward with your decision to end your marriage or other relationship, or if you are experiencing a crisis, we will expertly negotiate through the following critical issues that will reshape your relationship with your children in the ways that most benefit them and best satisfy your individual requirements. 

Co-Parenting Matters

Your Children Come First

Learn More

Child & Spousal Support

We Negotiate For You

Learn More

Child Custody

Your Goal Is Our Goal

Learn More

Child Visitation

Your Children Come First

Child Support Modification

We Negotiate For You

Learn More

Co-Parenting Matters

Co-parenting is the process of raising children together after a separation or divorce. It can be a challenging but rewarding experience.

Here are some tips for successful co-parenting:

  • Put the children first. Remember that the most important thing is what’s best for the children. Make decisions that are in their best interests, even if they’re not what you want.
  • Communicate effectively. It’s important to communicate effectively with the other parent about the children. Be honest, respectful, and clear in your communication.
  • Be reasonable. Things don’t always go according to plan, so be prepared to be flexible. If something comes up and you or the other parent can’t make a visit or take the children to an event, let the other parent know as soon as possible.
  • Avoid conflict. Try to avoid conflict with the other parent. If you do have a disagreement, try to resolve it in a calm and respectful way.
  • Seek professional help or co-parenting classes. If you’re having trouble co-parenting, don’t hesitate to seek professional help. A therapist or mediator can help you communicate more effectively and resolve conflict.  There are also co-parenting classes which may be taken separately or together. 

 

Co-parenting can be a challenge, but it’s important to remember that you’re not alone. There are many resources available to help you succeed.

scroll to top

Child & Spousal or Partner Support

Child support and spousal or partner support are two types of financial assistance that may be ordered by the court. 

  • Child support is paid by one parent to the other to help cover the costs of raising a child. The amount of child support is based on the income of both parents, the number of children, and the time that each parent has physical responsibility for the child or children.  The court may also consider the cost of living and the needs of the child.
  • Spousal support or partner support is paid by one spouse or partner to the other to help support their living expenses after a dissolution or a separation. The amount of support is based on a number of factors, including the earning capacity of the parties and their standard of living; the amount either party contributed to or sacrificed during the marriage to help the family with domestic duties or gain earning capacity; the needs of each party; the wealth of both parties (including their property and debts); the length of the marriage; the income of both spouses; the needs of dependent children; the age and health of the parties; any history of domestic violence; the goal of being self-supporting within a reasonable time; and any factors that are fair and reasonable
  • Both child support and spousal/partner support are intended to help the parties financially support their children and themselves after a divorce or separation.  Child support is additionally intended to support the child at any time until the child turns 18 years old, and sometimes beyond the age of 18 if the legal obligation of support continues. 

How to get child support

  • If you are the parent who is owed child support, you can file a petition and request for order (RFO) with the court to request that the other parent be ordered to pay child support.  If you have already filed a petition involving the child or children, you do not need to file another petition and you can just file the RFO.  The court will then hold a hearing and make a decision about how much child support should be paid. 

How to get spousal or partner support

  • If you are a spouse or partner who is in need of support, and you have not filed a petition yet, you can file a petition with the court and a request for order (RFO) to request support.  If you have already filed a petition, you can just file the RFO.   The court will then hold a hearing and make a decision about how much spousal or partner support should be paid. 

Problems with Child Support or Spousal/Partner Support?

  • If you are having trouble paying child support or spousal support, you should file a request with the court that ordered the payments. The court may be able to modify the terms of the order if you show good cause.
  • If you are not receiving child support or spousal support that has been previously ordered by the court, you should contact an attorney and consider filing papers to enforce the order to pay support.  The court may be able to help facilitate the enforcement of the order, such as garnishing the other party’s wages or placing a lien on their property.  (See Enforcement of Orders.) 
  • If you have questions about child support or spousal support, you should contact an attorney. An attorney can help you understand your rights and responsibilities and can represent you in court if necessary.
scroll to top

Child Custody

Child custody involves the legal rights and responsibilities of parents with respect to their children after.  This can be in the context of a divorce or separation, or during a disagreement between unwed or separated partners.  Custody disputes may arise such as where the children will live and how much time they will spend with each parent. The most important thing the parents must do is to put their children’s interests and well-being above everything else. 

There are two basic concepts for  child custody:

  • Physical custody refers to where the child lives most of the time.
  • Legal custody refers to who has the right to make decisions about the child’s major life issues, such as school and education, health care, and extracurricular activities.

 

In most cases, parents will share joint physical custody, which means that the child will live with each parent for a significant amount of time. However, in some cases, one parent may be awarded sole physical custody, which means that the child will live with that parent most of the time.

Legal custody can also be shared or sole. In the case of shared legal custody, both parents will have the right to make decisions about the child’s major life issues. In the case of sole legal custody, only one parent will have the right to make these decisions.

The court will consider THE BEST INTERESTS OF THE CHILD in making a decision about  child custody.  A number of factors go into determining the best interests of the child, including:

  • The child’s health, safety, and welfare, including any history of domestic violence, abuse or neglect
  • The strong policy favoring frequent and continuing contact with both parents
  • The Court’s discretion and judgment
  • A history of drug or alcohol abuse
  • The history of how parenting has been conducted in the past, and the emotional well-being of the child
  • The child’s wishes (depending upon their age and maturity)
  • Keeping siblings together (considering their ages and stages of development)

 

The court will also consider the child’s age and developmental stage. For example, younger children may need to spend more time with their primary caregiver, while older children tend to have the court consider their own preferences about where they want to live.

Child custody can be a difficult and emotional issue. It is important to remember that the goal is to find a solution that is in the best interests of the child. If you are going through a divorce or separation, it is important to consult with an attorney to discuss your options and to get help navigating the child custody process.

scroll to top

Child Visitation

Child visitation is the legal right of a child and non-custodial parent to spend time together.  Visitation is extremely important and is often ordered by the court as part of a child custody agreement or order. 

The amount of visitation that is ordered will vary depending on the specific circumstances of the case. In some cases, the non-custodial parent may have overnight visitation, while in other cases, they may only have visitation during the day. The court will consider a number of factors when determining visitation, including the factors listed above under “Child Custody.”

It is important for both parents to cooperate with the visitation schedule. If one parent does not allow the other parent to visit with the child, the court may find that parent in contempt of court.

Child visitation can be a difficult and emotional issue for both parents. It is important to remember that the goal is to ensure that the child has a positive relationship with both parents. If you are going through a divorce or separation, or other disagreements regarding your children, it is important to consult with an attorney to discuss your options and to get help navigating the child visitation process.

Here are some tips for making child visitation go smoothly:

  • Communicate effectively. It’s important to communicate effectively with the other parent about visitation. If there are any problems or concerns, talk to each other about them in a calm and respectful way.
  • Put the child first. Remember that the most important thing is what’s best for the child. Make sure that your visitation schedule is flexible enough to accommodate the child’s needs.
  • Be positive. Visitation is a time that allows for the child to have a relationship with both parents. This is the child’s time. Make sure that the visits are positive and enjoyable for the child.
scroll to top

Child Support Modification

Child support modification is the process of changing a court order that requires one parent to pay child support to the other parent. There are a number of reasons why a parent might need to modify their child support order, such as:

  • A change in income
  • A change in the number of children
  • A change in the cost of living
  • A change in the child’s needs
  • A change in the parent’s ability to pay

To modify a child support order, the parent must file a request with the court. The other parent must be served with the request and have an opportunity to respond.  If the local child support agency is involved, they must also be served, and may actually take a lead role.

The court will then hold a hearing to decide whether to modify the child support order.

If the court finds that there has been a change in circumstances such that the support order should be modified, it will modify the child support order

It is important to note that child support modification can be a complex process. It is best to consult with an attorney to discuss your specific situation and to get help navigating the process.

scroll to top

Call Our Office

559-436-0200
Call Now

© GWHessLaw.com 2024

This information is NOT LEGAL ADVICE. It is general information and for informational purposes only.

workingarts design

Skip to content