For Mother’s Day, Anthoor Law Group wants to provide the mothers of California with an extra dose of support to help them navigate the divorce process. We have compiled a list of some items that mothers need to be aware of during this turbulent time so the process goes as smoothly as possible.
Child Custody Planning
Although there is a prevailing public notion that mothers get preferential treatment when it comes to gaining custody of children, California law considers each parent equally. Courts generally follow this law, as well. The overriding factor that judges take into account when determining proper legal and physical custody is the best interests of the child. Minimal interruptions to the child’s schedule and an optimal home environment for raising the child are two major aspects of the best interests doctrine.
If you and your spouse cannot agree on custody arrangements, then the court will need to intervene. This often involves going before a special counselor who will try, one last time, to reach an agreement between you and your spouse. It is best to retain the services of an experienced family law attorney to represent your interests when you are developing a parenting plan.
Make Sure You’re Following Court Orders
Once the petition for divorce has been filed, certain restrictions will come into effect. In California, this includes not taking your children across state lines without your partner’s permission or changing beneficiaries on insurance forms. There may be additional restrictions depending on your particular situation, so be sure to speak with your qualified family law attorney to know whether or not something is allowed while your divorce is pending.
Open Your Own Bank Accounts and Lines of Credit
Somewhere along the way, you and your spouse likely opened a bank account or merged accounts to make one marital account. To protect yourself, you should create a separate account before your partner takes nefarious actions like emptying the joint account. Deposit an appropriate amount of money in this separate account. An appropriate amount is money that you believe you can prove is rightfully yours. Additionally, you should have your own credit card that is separate from your spouse’s. Notify your spouse in writing AFTER you have taken these steps – not before.
How Does Domestic Violence Impact Divorce?
Domestic violence can take many forms and is an extremely serious situation. Your first priority should be getting you and your children to a safe location and calling the police as soon as possible. Police might be able to issue an Emergency Protective Order (EPO) on the scene when they respond. However, this only lasts for about a week; apply for a Temporary Restraining Order (TRO) for longer-term relief from an abusive spouse.
Anthoor Law Group is wholeheartedly supportive of mothers who are going through the difficult and emotional process of divorce. We serve a diverse array of clients with unique situations and would be honored to assess your situation and represent you during your divorce. Get in touch with us here through our website or by calling at 510-794-2887.
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