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Linda D. States

Sacramento Family Law

Child custody can be an abuser's weapon

When survivors of domestic abuse in California make the decision to divorce, child custody can be a particular concern. Because child custody rulings can essentially mandate ongoing communication between parents, it can also provide an opportunity for abusers to continue manipulative and violent behavior against their family members.

Some experts have indicated that many domestic abusers attempt to seek control of the situation by seeking child custody. These experts use the term "coercive control," which can include tactics such as emotional abuse, abuse of the legal process to harass a former partner, financial abuse and stalking. When abusers receive custodial rights, they might hurt or manipulate the child and attempt to alienate them from the other parent. In some cases, the abusive parent will constantly criticize or attack the ex in order to undermine their relationship with the child. In more severe cases, the abuser may threaten to physically harm the other parent.

Millennials considering prenups: what to include, leave out

If you are a millennial and getting married, chances are you approach the event very differently than your parents did. You may be more inclined to have a non-traditional registry, for example, or opt for digital RSVPs instead of paper.

You could also be more likely to have a prenuptial agreement, according to recent statistics. If you are considering this as an option, then you should know what you likely can and cannot protect with a valid prenup.

An overveiw of how to divide child custody

In child custody cases, it is not uncommon for a court to create a visitation schedule. This enables a parent in California or elsewhere to have a relationship with their children whether he or she is granted custody or not. As a general rule, parents are allowed to have a role in a son or daughter's life assuming that they are fit to do so.

A visitation schedule may still be created in the event that parents have joint custody over their kids. This can reduce the odds that parents fight or otherwise have disagreements that could impact the children. Such a calendar will have the dates and times at which a parent will be able to see his or her child. It will also have the location at which the visit may take place, and a judge can stipulate whether it is supervised in nature.

Dividing 401(k) funds properly during a divorce

There are multiple mistakes that California residents can make when dividing their 401(k) assets during a divorce. Unfortunately, oversights can result in high tax bills, excessive penalties and an unfair division of funds. To avoid making such mistakes, it is important that spouses are aware that the various types of retirement accounts are governed by different rules.

Workplace retirement plans, which include conventional pensions and 401(k) accounts, can only be divided through qualified domestic relations orders. Without a QDRO, an ex-spouse would not be able to legally access the portion of the funds to which they may be entitled.

Legal and physical custody: What's the difference?

For parents who are beginning the divorce process, the question of child custody weighs heavily on their minds. Is a joint solution the best, or is it better for one parent to have sole custody while the other has visitation rights?

To start, it’s important to remember there are two types of child custody parents will need to consider: legal custody and physical custody.

Contact Me To Discuss Your Case Based in Sacramento, my solo practice allows me to give each client the personal attention and care they deserve. To schedule an appointment, call 916-426-9119 or fill out my online contact form.

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