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On behalf of Mohajer Law Firm, APC posted in blog on Wednesday, November 15, 2017. When two divorcing parents get into an argument about child custody, they tend to form strong opinions. These opinions — inspired by the intense love a parent has for his or her children — can be firm and unyielding. The worst part of this is, it can be damaging for children when their parents get into such a heated debate. Fortunately, there may be a way to peacefully resolve these kinds of custody disputes through child custody mediation. What are the benefits of child custody mediation? Some ex-spouses are difficult and there’s nothing you can do to get them to agree. Mediation might not help situations like this, when a parent does everything that he or she can just to be disagreeable and difficult. However, in the majority of custody disputes, parents can arrive at a peaceful, out-of-court agreement through child custody mediation. Let’s take a look at some of the benefits of this highly effective dispute resolution process: It’s a non-adversarial approach to dispute resolution. When you go to court, you are automatically thrown into the position of two parties who haven’t been able to agree — two parties who are fighting for their version of the facts, and for a particular end result that differs from the other party. Due to the fact that mediation is not legally binding, and you always have the ability to cancel the proceedings, both parties will benefit from being kind and diplomatic with one another. It’s also informal, more casual and less stressful. The mediator, as a neutral third-party, can offer guidance and direction to help the spouses arrive at an agreement. The mediator will assist both sides in having their voices equally heard. Your mediation process can be completed in several meetings carried out over the course of one or two weeks. The court and trial process can take months, or even years to conclude in particularly complicated cases. Mediation will support you and your spouse in having a healthy relationship in the years to come. As it is more peaceful and less contentious, resentment between the spouses is less likely. This will benefit you and your children in the long run. It’s a great deal cheaper than divorce court proceedings. Mediation is excellent for nearly every legal situation Mediation, when it can work for two parties, is an excellent way to peacefully, and cost-effectively, arrive at an out-of-court settlement agreement. If you think that you could benefit from this useful child custody dispute solution, you may want to gently discuss the idea with your soon-to-be-ex.

On behalf of Mohajer Law Firm, APC posted in blog on Thursday, October 12, 2017. Intercultural marriages and intercultural relationships can be a beautiful thing. Indeed, the international language of love knows no boundaries. However, when two people cross cultural gaps to come together in love, things don’t always last forever. Intercultural breakups can be particularly difficult when two people share a child together. In some cases, the differences in the way one person’s culture views child custody could result in the foreign parent feeling morally entitled to abscond with the child back to his or her country. It’s in these cases where the Hague Convention comes into play. How the Hague Convention addresses international child abduction When a foreign parent unlawfully takes his or her kid to another country and refuses to return the child — often in violation of a U.S. family court custody order — authorities will consider it to be a case of international child abduction. This is an area of international law that’s governed by the Hague Convention, a treaty that numerous countries around the world have signed. The Hague Convention only applies to member nations who have signed the treaty. If the other parent has taken your child to a Hague-member nation, you stand a much better chance of getting him or her returned to you. Here’s what the Hague Convention requires of its member nations regarding child abduction: Establish a Central Authority: Participating countries must create a “Central Authority” which serves as a point of contact and source of information for authorities and parents from other countries. In the United States, the Department of State serves as the Central Authority. Prevent child abduction: The Hague Convention requires member countries to do everything they can to prevent child abduction, child sale and child trafficking — whether it is done by a parent or some other kidnapper. The Convention further requires member nations to ensure that all international adoptions honor the best interests of the kids involved. Honor foreign family court rulings: Member nations must honor the already-standing child custody rulings of foreign family law courts. They must also work with parents and streamline the process of accepting foreign legal documents without the complex protocol that’s normally required for the introduction of foreign documents in their courts. Are you navigating an international child custody battle? Depending what the facts and circumstances of your international child custody disagreement, Hague Convention rules and protocols could apply to your situation. Parents of abducted children who have been taken to another country by a foreign parent, for example, may be able to use the Hague Convention to help them get their children home.

On behalf of Mohajer Law Firm, APC posted in blog on Thursday, September 14, 2017. Every California parent needs to ensure that his or her child has appropriate health coverage. This way, in the event of a health problem, the child can receive the medical care he or she requires to heal. For this reason, you will want to address several important points related to health care in your parenting plan. Through the use of “parenting provisions” — specific language inserted into a parenting plan and child custody agreement –, parents can get clear about how they will manage the health care concerns of their children. Examples of health care parenting provisions You might consider using and/or altering some of the following health care parenting provisions to include in your parenting plan: Either the mother, father or both parents will give health insurance to minor children when offered by an employer for a reasonable price. If no employer health insurance is available, the parents will obtain private health insurance for the child. Parent A will pay ___ percent of the health insurance costs and parent B will pay ___ percent of the health insurance costs. Parent A will pay ___ percent of all medical-related costs and parent B will pay ___ percent of all medical-related costs. Both parents will have copies of the children’s health insurance cards. Each parent will receive receipts related to medical costs from the other parent within 30 days of the receiving the bill. When reimbursement of shared costs is appropriate, the parent who needs to pay will remunerate the other parent within 30 days of receiving the bill. Both parents must approve of health care costs exceeding $100 in writing before either parent agrees to medical service costs unless it is an emergency health issue. Consider your child’s health care needs carefully Some kids — especially children with special needs — may have more complicated medical concerns than others. As such, parents should consider the needs of their children carefully and make sure that they explicitly address all health care requirements of their child in their parenting plans to avoid difficulty or disagreements later on down the road.

On behalf of Mohajer Law Firm, APC posted in blog on Wednesday, August 16, 2017. Divorces rarely happen at “convenient” times. However, one of the most inconvenient times for a breakup is immediately after the birth of a child. In these cases, both parents may want to spend equal time with the baby, but the needs of a baby necessitate certain, unavoidable arrangements. This article will discuss some of the most important considerations parents should keep in mind when developing a parenting plan for a baby. Parenting plans for babies: What do they look like? From birth to the age of 18 months, babies have specific, undeniable needs. In order to make sure all of your baby’s needs are met — while also honoring the needs of both parents to spend time with the baby — divorcing parents will want to keep the following in mind: A newborn baby requires consistency. Your plan needs to offer your baby a consistent routine for eating, sleeping and waking. Babies don’t have a very good memory. As such, both parents should be in frequent contact with the baby to establish a lasting bond, so the baby remembers the parents from one day to the next. Babies grow and change quickly. Parents need to communicate with one another on a daily basis about the development of their baby. When your baby’s needs change, you need to be able to adjust your parenting plan to fit the changing needs of your child. Babies are sensitive to anger, fear and harsh words. They feel everything that’s going on in their environment. As such, your plan needs to provide ways for you and your ex-spouse to work through your areas of disagreement. Most importantly, you and your ex need to make every effort to air out conflicts and disagreements in a way that your baby isn’t present to absorb the anger and stress. What if my baby is still breastfeeding? Doctors and psychologists stress how beneficial it is for the physical and emotional health of babies to breastfeed. If your baby is breastfeeding, you’ll need to schedule parenting time visits in a way that honors your baby’s feeding times. You’ll also need to wait until you can have overnight visits. Babies are resilient and adaptable — probably a lot more so than their adult parents — when it comes to divorce. As long as you and your ex can manage your disputes in a diplomatic and peaceful way around your baby, and as long as you can agree to a workable parenting plan, all should turn out well for your child.

On behalf of Mohajer Law Firm, APC posted in blog on Monday, July 17, 2017. If you’re the noncustodial parent of a child, California courts will require you to contribute money in the form of monthly payments to help care for your child. The amount of these child support payments will vary depending on you and your ex’s financial situations. Since child support payments can represent a significant financial burden, most noncustodial California parents will want to have an idea of how much child support they will be required to pay. How do courts calculate your child support obligation? In order to calculate your child support obligation, a California family law court will review the answers to the following questions: Does your child have any special needs? What normal financial needs does your child have in terms of daycare, education and health insurance? What is the income of the custodial parent? What are the financial needs and situation of the custodial parent? What is the income of the paying parent? And what ability of the paying parent to pay child support? What standard of living did the child enjoy prior to divorce and/or separation? What should the court know about both parents’ financial situations? What percentage of child custody does each parent have? There is no way to know with absolute accuracy how much money a parent will need to pay in child support. The only way to be certain what a court will decide is to litigate the matter and receive a decision by a California family court judge. That said, California law offers guidelines that are clear enough to estimate fairly accurately how much a parent is likely to pay. In this respect, parents can often reach an out-of-court settlement regarding child support amounts to avoid the expense of costly litigation proceedings. Your child support payments could change over time As a final aside, parents who are receiving or paying child support should keep in mind that their child support calculations could be subject to change over time. For example, if the paying parent receives a substantial increase in salary, he or she may be required to pay more in child support. Similarly, if the paying parent suffers a substantial decrease in one financial condition, he or she might be permitted to pay less in child support. Parents may be able to request such a modification in child support after a significant change in their circumstances.

On behalf of Mohajer Law Firm, APC posted in blog on Tuesday, June 20, 2017. Imagine you have sole custody of both of your children in Arcadia. However, your ex-husband lives in Nevada. Now your ex is trying to get custody so he can take your kids out of state. Will he succeed? Can your ex override your sole custody rights with a ruling from a non-California court? Your custody rights are probably secure All states, in addition to the District of Columbia (except for Vermont and Massachusetts) operate under the Uniform Child Custody Jurisdiction and Enforcement Act. This Act creates a uniform standard by which state courts decide child custody matters. Part of the Act ensures that states honor the existing child custody decisions of other state courts. There are only a few sets of circumstances under which a state court will have the necessary jurisdiction to override the child custody decision of another state: — The state that wants to make a decision is the home state of the child. In other words, the child has lived there for a minimum of six months before the filing of the legal action. If the child has not lived in the state for the six-month period, the court of his or her home state will have jurisdiction. — The child maintains strong ties to individuals in the state that wishes to hear the matter. The ties could be with doctors, grandparents and teachers. — The child is in the state for his or her safety. Perhaps the child was taken away from an abusive, negligent or absent parent. — No states satisfy any of the above three factors, or no other state will claim jurisdiction. A family law attorney can help you assert your child custody rights The threat of losing your children is one of the most frightening challenges that any parent could ever face. Fortunately, if you have a previous court ruling regarding your children in California, it will likely be honored by another state. However, you may want to seek representation from a family law attorney to ensure that your child custody rights are secure.

On behalf of Mohajer Law Firm, APC posted in blog on Tuesday, May 16, 2017. The idea that you will only spend part-time with your children in the future is one of the most difficult parts of divorce for most California parents. For this reason, some parents will try to fight for sole custody in court. In fact, they may fight so tenaciously that the issue turns into a long and expensive custody battle. Fortunately, with the help of an experienced and diplomatic family law attorney, most California parents can come to an out-of-court child custody agreement. Coming to child custody agreement on your own terms The more parents now about child custody laws in California, the more likely they will be to arrive at a mutual agreement outside of court. For this reason, the family law attorneys representing both spouses will do their best to educate their clients on their legal rights and how a family law court would likely decide their case if it were to end up going to trial. Here are the general child custody basics California parents should know: — In California, joint child custody is not only an option, it’s a presumption. Courts will usually seek to award joint custody to both parents. This could result in a shared 50-50 child custody arrangement. However, other sharing arrangements could be more appropriate depending on the circumstances of the children and the parents. — Grandparents have the right to visit their grandchildren in California. As such, child custody agreements may want to address how the children will be permitted time with grandparents from both sides of the family. — If the children are of sufficient age and responsibility, courts will consider the child’s wishes when deciding child custody matters. — The best interests of the children involved will be the most pressing issue on the mind of the family law judge who decides a child custody case. Next, the judge will consider the age, health status, emotional connections with family members, school ties, communities, family abuse history and family neglect history relating to the children involved. — The parenting plan is the most important art of any California child custody ruling. The parenting plan will offer a schedule of shared parenting that suits the best interest of the child, while being realistic for the spouses and their schedules. Are you worried about your child custody matter? A California family law attorney can review your family’s circumstances to determine what your child custody rights will be in your divorce proceedings. Your lawyer will then advocate on your behalf to try and negotiate an out of court settlement with your spouse. If those negotiations fail, then your lawyer will represent you in court if necessary.

On behalf of Mohajer Law Firm, APC posted in blog on Wednesday, December 13, 2017. Divorce is a very difficult thing to face. Not only do you have to deal with ending your marriage, but you have to make certain decisions, such as whether to keep or sell your home in Arcadia. Another hard part of the process is telling your children that you and their father have decided to split up. Having the divorce conversation with your children is, more than likely, something you do not want to do. Furthermore, you might not even be sure how to do it. For some tips on how to break the news to your school-age children, read further. Timing matters Telling your children about your impending divorce is going to take some tact and planning. In other words, you should not hand them their school lunch along with the news that their father is moving out of the house. Unfortunately, there is never going to be a truly good time to have this conversation. However, before they leave for school or you leave for work is definitely not the right time. Try to plan for a day when neither you nor your children have any scheduled activities. They are going to need sufficient time to process the information and ask questions. Be sure you have the time to be there. Do it together While you may not want to spend additional time breathing the same air as your ex, you need to accept the fact that you will still have to work together for your children. This includes being together when you break the news. By making it a family conversation, you allow your children to retain their trust in both of you. Stick to the basics Your children do not need to know all the details or the causes for your decision. Keep it simple, stick to the facts and leave the blame out of it. Explain to them that the divorce is not their fault, that you both still love them and that, for the time being, their lives will not alter too much. If you do not have plans to move away, reassure your children that they will still go to the same school and have the same friends. A sense of security is important when such a big change is on the way. If you are considering divorce, you may be at loss as to how to tell your children. The above tips can help you get through the conversation.