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Do divorced parents have a better approach to quality time?

Sometimes, parents find it hard to focus on quality time with their children when life is so demanding. Instead of really connecting with your kids, you’re just trying to get them to follow rules and clean up their rooms. You’re picking up after them. You’re making dinner and putting them to bed, then telling them to get back in bed. Parenting turns into nothing but an obligation, with parents just going through the motions of rearing their children. Parenting experts note that parents often look back on these chaotic years with young kids fondly. They wish they could have lasted longer. They wish they had focused more on quality time. Imagining the future One piece of advice that experts give these parents is to imagine the future. Think of that day when your crazy two-year-old is off at college. Dinner is calm, not messy. Bedtime is a non-event. The child’s room is clean, dark and vacant. For most parents, doing this can be eye-opening. It helps them value this time with their kids, realizing how much they’ll miss it when they are once again on their own. This can help them focus on enjoying the time they have now and spending as much quality time with the kids as they can. The impact of divorce If you and your spouse are getting divorced, this could be one of the positive side-effects. Does that sound impossible? It may, especially if you did not ask for the divorce, but it really can happen. After all, divorce could mean splitting custody between you and your ex. Suddenly, you get a week without the kids, every other week. Your house is quiet, dark, clean and empty. While you may enjoy not having to pick up toys or fight through bedtime, you instantly start missing your kids. You become very aware of your now-limited time with them. That could make your weeks with the kids better than you ever dreamed. In your post-divorce life, you can work to make those minutes and hours together really count. You can focus on quality time. You’ll no longer watch TV with one eye on the bedtime clock because you’ll be focused on sharing these moments with your kids. You’ll shift your priorities from the messes they make to the memories. You’ll learn that you can’t get that time back In fact, it can even make your obligations more enjoyable. Cooking dinner isn’t a chore, it’s something you do together. Bedtime is no longer a battle — it’s a time for you and your children to read stories and connect as you wind down the day. Your rights Naturally, you must know your rights to custody as a parent. As you move forward with the divorce process, find out what you can do to make the most of your time with your children.

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How to budget the child support you receive

You’ve reached a child support agreement with your ex. That’s just the beginning. Now you have to focus on spending the money wisely as the primary caregiver for your children. If you’re fortunate, your co-parent will pay the support on time and in full every month. First, create a budget. This is necessary for all people who divorce, whether they have children or receive any type of support or not. Living as a single person is simply more expensive per person than living as part of a married couple. Designate how much money you’ll be spending on taking care of your children. This includes clothing, medical expenses, school costs, piano lessons, soccer uniforms and child care. If you’re able to support your children primarily on your income, don’t include the child support as you make your budget. Think of that as added money that you can save for future expenses. It will also come in handy should your ex miss a payment or two. Determine what expenses you’ll use the child support for. It’s intended for your children’s care. You’re not legally required to spend it solely on that. However, if your co-parent wants to reduce his or her payments later, it’s best if you can show that you’ve been using the money solely for the kids — or at least things that are part of their care, like rent and food. A number of factors may warrant seeking a modification in child support payments. Perhaps you have to go from full-time to part-time work to care for your kids. Maybe your co-parent has a significant increase in income. One of your children may have a medical issue that requires long-term treatment. Another child may enter high school and have higher school expenses and extracurricular costs. If you’re going to seek a modification, it’s best to come to the negotiation armed with documentation and other evidence. Your California family law attorney can help you make the strongest possible case.

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Tips for documenting domestic violence

On behalf of Mohajer Law Firm, APC on Monday, May 14, 2018. Domestic violence is central to your divorce case. You do not think you are safe in the home. You do not think the children are. You want to end the relationship and get out as quickly as possible. In today’s world, you’re not worried about proving that you deserve the divorce. California uses no fault divorce laws. Even so, domestic violence will play a role. You do not want to share custody with your ex. You do not want him or her to get visitation rights. You’re trying to protect the children, and you need to cut off all contact. That’s where things can get difficult. Courts err on the side of keeping both parents involved. You need to prove that you deserve sole custody and that the children need protection. To avoid a he-said, she-said court case with your ex, you must have evidence and documentation on your side. 1. Talk to witnesses Did a friend, neighbor or family member witness abuse? Even if it was not physical abuse, having someone testify that your spouse was verbally abusive or that the two of you seemed to have a toxic relationship can help. 2. Take pictures and date them Black eyes fade. Cuts and bruises heal. Even broken bones get better in a matter of weeks or months. Take photos of any injuries you or the children suffer. Date those pictures. Store them in a safe place. When it comes to domestic violence divorce cases, a picture really is worth a thousand words. 3. Get medical records Your ex may dispute your injury claims, even with photos. Having medical records can back up your side of the story. They show the true extent of the injury, the costs, the treatment you needed and much more. A doctor may even be able to help show how the injury occurred — testifying that it was caused by blunt force trauma, for instance, as if someone struck you. 4. Write down any events in a journal This journal should contain dates and as many details as possible. This helps you keep an accurate record right after the event, so you do not forget anything. It also backs up those dated photos. Write down everything, from arguments to physical abuse. 5. Get police reports Police report not only show that you called the authorities, but they provide a third-party report of the scene. Police may report your injuries, the children’s injuries, the way your spouse was acting and the state of your home or apartment. The key is to understand the legal process and to gather as much information as you can. It all builds on itself, and it can help you create a positive future you want for your children.

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Determining child custody for unmarried California parents

On behalf of Mohajer Law Firm, APC posted in child custody and parenting plans on Thursday, May 17, 2018. When couples who have had one or more children together but never married split up, child custody needs to be determined just as it would for parents who are divorcing. Under California law, custody determinations are made using the same considerations whether the parents are married or unmarried. However, if the parents weren’t living together, determining custody “can be complicated for logistical reasons,” according to one Los Angeles attorney. The parent who wasn’t living in the home with the child may have to make significant changes to his or her own home to accommodate a child. That parent may also have a lot to learn about caring for the child’s daily needs. In some cases, a man has only recently learned that he fathered a child and wants to be part of that child’s life. In situations where the father has no history with the child, a court may order a “step-up” plan. The father will get increasingly more time with the child as he shows that he’s able to care for him or her. The good news for California parents who want to be part of their children’s lives, even if they’ve done little if any parenting of them in the past, is that state law encourages relationships between children and responsible, loving parents. It also frowns on parents who withhold a child from another responsible parent or don’t tell a father that he has a child. As in just about every jurisdiction throughout the country, California courts focus on what’s in the best interests of the children when custody decisions need to be made. If you are an unmarried parent seeking custody of your child, an experienced California family law attorney can provide valuable guidance. Source: Romper, “Who Gets Custody If The Parents Aren’t Married? Experts Explain The Law,” Caroline Shannon-Karasik, accessed May 15, 2018

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Who gets the kids over the holidays?

We love holidays in America. Of course, Christmas is the big one, with most children even getting a week or two off from school. The celebration runs all the way to New Year’s Day. But it’s not just winter. Summer has the Fourth of July, falls gets Thanksgiving and spring has Memorial Day. The summer ends with Labor Day, and kids get to take their own school vacation for months, all summer long. Making memories As parents, you likely have your own memories of these holidays from when you grew up. You remember drinking lemonade and running through the sprinklers on a warm Fourth of July. You remember waking up early on that magical Christmas morning. You remember the fun and togetherness of Thanksgiving, surrounded by family while you eat a feast, watch football and play board games. The point is, you want to create these same memories with your children. They center around holidays. As divorced parents, is it even possible? The same days Much of divorce is about compromise. You find it littered through your parenting plan and custody agreement. You and your ex split up the time with the kids and agree on how the responsibilities and obligations of raising a family will get divided when your own relationship ends. The problem is that you inevitably want all of the same days with your children. You may not want to compromise. You cannot make those Fourth of July or Christmas memories if your kids are with your ex. So, what do you do? The answer is different for every couple, depending on your unique situation. A few options include: Switching every year Your ex gets the children on Christmas this year. You get them next year. You go back and forth, sticking to a predetermined schedule. This can work. You get half as many chances to be with the children when you want them, but you still get some. So does your ex. Neither one of you may be thrilled about the off years, but you do not entirely lose your chance to make those memories. Trading holidays Another things to consider is trading specific holidays. On the years when your ex gets Christmas, perhaps you get July 4th and Thanksgiving. You trade Memorial Day and Labor Day back and fourth. This ensures that you get some holidays every year, even if you do not get them all. Dividing each day If you and your ex live close to one another, this might work. Just divide your days so that the kids spend half the day with you and half of it with your ex. This is not always perfect. Who gets Christmas morning? How long do the children spend in the car, rather than enjoying the holiday? But it can mean you do not have to wait until next year to spend the holiday with them. Your options The solution is different for every couple. Just make sure you understand your rights and your options.

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Am I eligible for compensation after an accident?

On behalf of Mohajer Law Firm, APC posted in personal injury on Wednesday, May 2, 2018. Suffering from serious injuries in an accident can change a person’s life. This type of event can drain savings accounts to pay for medical bills, lead to missed work and strain relationships. Injuries can be painful and limiting, possibly changing a person’s lifestyle indefinitely. Under these circumstances, it can be critical to examine whether you (or a loved one) may be in a position to file a legal claim seeking compensation. To determine if you may have grounds to file a lawsuit, consider the following elements of a typical personal injury claim. Identifying a negligent party After an accident like a car crash, a slip-and-fall or a medical error, identifying the negligent party will be critical. This is the party (or parties) who had a duty to act a certain way and failed to do that. A fault is not always black-and-white. As such, California courts follow the rules of pure comparative negligence. This means that a person can file a claim even if he or she was also negligent, but the award will be decreased by the same percentage as his or her own negligence. Suffering damages Establishing negligence is crucial, as is connecting that negligence to damages. If the action or inaction did not cause or contribute to injuries, then there may not be grounds for a claim. Similarly, if there was negligence but no damages, a legal claim would typically not be realistic. Keep in mind that there are many types of damages, from physical injuries and medical bills to emotional distress and loss of support. Meeting other requirements Parties will also need to consider other legal requirements, including statutes of limitations, standing to sue and legal capacity. Discussing your situation with an attorney This post can give readers a general idea of the elements that must be in place to file a personal injury claim. However, every situation is unique and there are exceptions that can affect an individual case. As such, it is wise to discuss specific claims with an attorney. Doing so can ensure you understand and explore your legal options fully so that you can determine whether you may be eligible for compensation.

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Things to know about a parenting agreement

On behalf of Mohajer Law Firm, APC posted in divorce on Tuesday, April 17, 2018. Have you and your spouse come to the conclusion that divorce is necessary? If you plan on moving forward with the process, you need to understand how it will impact your life. For example, if you have at least one child together, you need to make decisions that will ensure his or her well being in the future. The last thing you want to do is let your divorce have a negative impact on your child’s life. This is where a well thought out parenting agreement comes into play. As you go through mediation, you’ll probably find that you and the other parent don’t agree on everything in regard to custody. Fortunately, as you negotiate, you can work toward creating a parenting agreement that works for all parties. In short, a parenting agreement is a written document that outlines how both individuals will parent in the future. It can include things such as: Which parent will have physical custody Which parent will have legal custody A visitation schedule for the non-custodial parent An agreement in regard to where the child will spend holidays, birthdays, vacations and other similar events Your parenting agreement can also include details regarding future changes. For example, as your child gets older, you may need to adjust the plan so that it better fits his or her many activities. Also, including language for making future changes will ensure that both parents are on the same page should this situation arise. Once all the details of the parenting agreement are in place it is sent to the court for final approval. If everything checks out with the judge, the agreement becomes final and you’ll want to follow through with the details contained within. It’s never easy to go through a divorce, especially if you need to consider the well-being of a child. Fortunately, you have the opportunity to create a parenting agreement. It may take some time to negotiate all the details, but once you do so you’ll feel better about what the future will bring. As long as you’re confident in your ability to raise your child in an appropriate manner, nothing else matters.

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International child abduction: How the Hague Convention applies

Not all love unions end in “happily ever after.” When children are involved, parents may struggle to come to agreement on which parent their children should live with and how they should organize their parenting time. When the parents are from two different countries, though, the issues become even more complicated when the foreign parent wants to take the child back to his or her home country. In most cases, courts will side with keeping the child in the country where he or she has established consistent residency. However, it’s not unheard of for a foreign parent to disagree with such a ruling and to unlawfully take the child away. This is usually considered kidnapping under U.S. and international regulations, and the law-abiding parent can take legal action to get his or her child returned. The Hague Convention and international child abduction The Hague Convention is an international treaty that assists parents in participating countries to seek the return of their children after a case of international child abduction. As long as both countries have ratified the convention, the law-abiding parent will be able to get the foreign family law courts to honor the existing child custody agreement that was in place before the abduction. The Hague Convention streamlines the process of getting U.S. court documents admitted as evidence into foreign courts, and it establishes a special office for each member country through which U.S. parents and their attorneys can communicate to gather information about an abducted child. One potential issue, however, relates to cases in which a child was taken to a non-Hague nation. In these cases, parents will have a harder time navigating the foreign court system. It doesn’t mean it can’t be done. Rather, the process will be more challenging and time-consuming with fewer assurances of success. Was your child abducted to a foreign country? If your child was taken unlawfully to a foreign country, it’s vital that you act as swiftly as possible to try and ameliorate the situation. Legal options will be available, and you may be on the right side of the law — especially if the international abduction happened in violation of an existing child support order

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Basketball coach receives $4 million termination settlement

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, April 12, 2018. Employers, even universities, can be held liable in a wrongful termination case by creating a pretext for firing an employee. Earlier this month, former San Diego State University women’s basketball coach Beth Burns settled civil litigation for $4 million. SDSU fired her in April of 2013 even though she had four years and $880,000 on her contract. The University claimed that it owed her nothing. The case began at what should have been a high-point in her career. Burns had experienced historic success as a coach at the time she was summoned for what she thought would be an annual review. The athletic director and human resource personnel confronted her with three options: resign, retirement or job termination. She was not hired as a head coach since this firing. Burns was an assistant coach at USC for two years and was an assistant coach at Louisville this year. Earlier attempts to settle the case were unsuccessful. Burns then filed a civil lawsuit claiming wrongful termination and whistleblower retaliation for her complaints about Title IX gender equity violations in San Diego Superior Court in 2014. CSU claimed that she was terminated for mistreating subordinates and elbowing an assistant coach during a game. Burns won a $3.35 million verdict in her favor after a month-long trial involving dozens of witnesses and thousands of documents in 2016. The judge also held CSU responsible for $1.9 million in attorneys’ fees and expenses in March of 2017. Interest was also being added on the judgment at 7 percent, or almost $235,000 each year. CSU appealed, and the case then went to mediation in December of 2016. The mediation ultimately led to this settlement. Burns will receive $1.55 million of the total settlement. The settlement also pays $2.45 million for her attorneys’ fees. Another $1 million is being paid to another law firm involved in the case. The assistant coach who was allegedly elbowed on the bench will also receive $250,000. Source: San Diego Union Tribune, “San Diego State settles lawsuit with former coach Beth Burns for $4 million,” Mark Zeigler, April 5, 2018

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What is legal separation?

On behalf of Mohajer Law Firm, APC posted in divorce on Wednesday, April 4, 2018. Some married couples in California may want to be apart from each other, but do not want or cannot undergo a divorce. The state’s family law allows spouses and domestic partners to separate without filing for divorce or dissolving the domestic partnership. Legal separation does not terminate a marriage or domestic partnership. However, a person may not remarry or enter another domestic partnership if there is a legal separation. A separation case may be changed to a divorce if certain requirements are met. The legal process for seeking separation is the same as divorce. The case may be filed in California if one of the spouses is living in the state. A person can also file an amended petition for divorce after the required residency time for divorce elapses. Domestic partners may file for separation if the domestic partnership was registered in California even if neither partner resides in the state. If the partnership was not registered in California, at least one of the partners must live here. If the domestic partners do not live in California and seek to end their partnership, a state court may be unable to issue orders about property and debt, support or the couple’s children. A couple may seek separation instead of a divorce for several reasons. They may wish to live apart and seek judicial orders about their assets and parenting matters. Divorce may conflict with their religious or personal beliefs. Other reasons include their failure to meet the state’s residency requirements for divorce and they do not want to begin the process of ending their relationship. Spouses may also wish to remain married for financial reasons, such as keeping a spouse on a health insurance plan or to continue to receive benefits that require the recipient to remain married. Couples can seek orders that judges routinely issue in a divorce. These include child custody and visitation, child support, property division, payment of debts and spousal or partner support. Source: California Courts, “Options to end the marriage or domestic partnership,” Accessed April 2, 2018

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