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    Creating a Parenting Plan After You File for Divorce

    Last updated 2 years ago

    An already complex divorce can be made even more complicated when kids are involved. It’s the parents’ duty to create a parenting plan that provides their children with as comfortable an environment as possible. This can be difficult when such powerful emotions are at play. Here’s a brief look at the process of creating a parenting plan.  

    Determine Who Will Get Custody
    For some parents, it’s easy to choose a custody arrangement; for others, it can be long, painful process. Generally speaking, child custody should go to the parent who is best equipped to provide for the child financially and emotionally. Some parents are able to work out a join custody plan wherein the child spends equal time with each parent. During the divorce process, the parents should also decide whether they want to be consulted on academic and religious matters pertaining to the child. 

    Work Out a Visitation Schedule
    Once custody established, the parents must work out a visitation schedule that works for the child and the noncustodial parent. An example visitation schedule is dinner once a week plus a prolonged visit every other weekend. The child’s extracurricular activities and the noncustodial parent’s work obligations should be factored into the planning of a workable visitation schedule.

    Communicate with Your Child
    Throughout the whole divorce process, it’s important for both parents to communicate with their child. Ask your child what sort of living situation would be more comfortable, and don’t make him or her feel like he or she has to choose between you—you’ll both be a part of their life, after all. Let your child know that your decision to get a divorce has nothing to do with them, and that you will both continue to love and support them.

    The divorce attorneys at Moreno Family Law can help you get what you want out of the divorce proceedings. We will work hard to find a solution that is both in your interest and in your child’s interest. Call our San Jose office at (408) 266-9011 or visit our website to learn more about our family law services. 

    Answering Common Questions about Child Custody

    Last updated 2 years ago

    In deciding child custody issues, the courts prioritize the best interests of the child. As a result, many factors can influence child custody cases, including the child’s age and physical health, each parent’s lifestyle, and the child’s established living pattern. Even though courts use similar standards in child custody cases, there are still many uncertainties and questions that arise during the child custody process.

    Are courts more likely to grant mothers custody?
    Even though states used to award custody to the mothers when children were under the age of five, no state requires custody always be awarded to the mother. Instead, most courts make child custody decisions by considering what is in the child’s best interest, regardless of the parent’s gender. If both the mother and father work full-time and the children attend after-school care, the parents may be on equal footing.

    Is only one parent granted custody?
    In many cases, courts award at least partial custody to each parent. If a judge grants joint physical custody, then the child will spend substantial time with each of his or her parents. The judge may also grant joint legal custody, which means that the parents will have equal say when it comes to medical, educational, and religious decisions. It’s possible for parents to have both joint physical and joint legal custody.

    Who determines fair visitation?
    A court may choose to award physical custody to one parent, while granting reasonable visitation to the other. In this case, the primary custodial parent is able to decide what constitutes reasonable visitation. While this arrangement can result in little visitation for the noncustodial parent, it can be a good option for parents who cooperate and allow their kids to spend significant time with each parent.

    Child custody laws vary by state, so it’s important to speak with a San Jose family lawyer about your case. For more than 20 years, Moreno Family Law has been helping clients with family law issues, including divorce and child custody. Call (408) 266-9011 to schedule an appointment with one of our experienced San Jose divorce lawyers.

    Information about Visitation Rights for Grandparents

    Last updated 2 years ago

    In California, grandparents can ask for reasonable visitation rights with their grandchildren, as long as they can show a pre-existing relationship existed. For this reason, the court will assess whether or not a bond exists between the grandparent and grandchild. In addition, the court will determine whether allowing visitation is in the best interests of the child.

    In deciding a grandparent’s visitation rights, the court needs to balance the interests of the child with the parents’ rights. Usually, grandparents can’t file for visitation rights if the parents are still married. However, they may be able to request visitation if the parents are legally separated, one parent’s whereabouts are unknown, or the child doesn’t live with either parent. If a grandparent is granted visitation, the parents can still request an end to the visitation rights if any of these circumstances change.

    Marilyn E. Monroe is a Certified Family Law Specialist with extensive experience in San Jose divorce and child custody cases. To learn more about visitation rights regarding children, please contact Moreno Family Law at (408) 266-9011.    

    The Dos and Don'ts of Filing for Divorce

    Last updated 2 years ago

    Filing for divorce is difficult for everyone involved, but it can be especially difficult if you make mistakes that jeopardize your case. For example, you should never use your kids as pawns in your divorce. Instead, you and your spouse should work together to ensure that your kids still feel loved as they adjust to the concept of divorce.

    Even if you don’t have children, you need to be aware of how your behavior affects your divorce case. This video shares some steps you can take to shorten the time frame of your divorce proceeding. For example, you need to resist the temptation to antagonize your spouse or include your friends in your divorce case.      

    If you’re going through a divorce, Moreno Family Law can help. You can reach one of our San Jose divorce lawyers by dialing (408) 266-9011. You may also contact us online to set up your initial consultation. 

    What Are Your Options for Responding to a Divorce Order in California?

    Last updated 2 years ago

    If your spouse serves you with a summons and petition, you become the respondent in your divorce or legal separation case. In the paperwork you receive, the Petition will explain what your spouse is requesting and the Summons will outline your rights during the divorce process. Once you receive the summons and petition, you should consult a San Jose divorce lawyer about your possible response options.

    Do nothing
    Not responding to the summons will result in a “true default,” as you are giving up your rights in your divorce case. If you choose this option, your spouse will likely receive everything he or she requested in the Petition. This is because a judge will only be able to make decisions regarding property, support, and custody based on the information your spouse has provided in the Petition. However, if you already have a notarized agreement to end your marriage with your spouse, then you will be able to influence your case, even if you choose not to respond.

    Reach agreement with your spouse
    Your divorce case is considered “uncontested” if you and your spouse aren’t fighting over the issues. As a result, you can reach an agreement with your spouse and still file a response with the court. In an uncontested case, you agree to the terms of your divorce or legal separation agreement.

    File a response in disagreement
    If you don’t agree with the terms in the Petition, you can file a response with the court. In this case, your situation will be considered “contested,” since the court system will ultimately need to decide your case. The deadline to file a response in California is 30 days from the date you received your Summons and Petition.

    At Moreno Family Law, our divorce lawyers believe in settlement and encouraging compromise outside of court. However, we are also ready to litigate on your clients’ behalf. To schedule a consultation with a San Jose divorce lawyer, please call our law office at (408) 266-9011.

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