Sometimes, however, if an opposing party acts unreasonably, we
at
JOS FAMILY LAW
utilize the law and the courts to the fullest extent in order to
protect our client and their child’s best interests. Family Law
courts in California – and public policy, for that matter –
favor “frequent and continuing” contact with both parents.
Therefore, parents should always ask themselves whether they are
acting in the best interests of their child, before deciding
that the child should live with only one parent. Sometimes,
overprotective parents genuinely believe that they are the only
parent who can properly care for their child. But the real
question is: Is this belief true? A parent who truly loves their
child will love them enough to share them with the other parent.
Of course, there are circumstances where the other parent is
violent, has committed domestic violence, or is an abuser of
alcohol or another substance. In these cases, of course, the
child must be protected from the offending parent. Child custody
matters are never cut and dried and, therefore, shared custody
is not always the right answer. But so long as there is no
physical or psychological abuse by the other parent, child
custody determinations should never be used to thwart the other
parent’s rights.
If you are truly looking for an attorney who will mediate,
whenever possible, and will use the courts to make
determinations when mediation falls short, feel free to contact
orange county child custody lawyer. We will help you make the transition into your new life as
seamless as possible. You may reach us at (714) 733-7066 or via
email at jos@josfamilylaw.com. We look forward to discussing
your Child Custody matter with you, and helping find the
solution that best fits your particular situation.
In awarding or modifying Spousal Support, the
Court considers and weighs the balance of hardships to each
party. For example, in Marriage of Schu (2016) 6 CA5th 470, the
Court denied Spousal Support to a wife based on a finding that
her assets were sufficient to enable her to support herself. In
that case, the Court also considered the fact that the wife had
abused her children in deciding to deny support.
Another factor the Court considers in
Spousal Support awards is the goal that the
Supported Party is expected to become self -supporting in a
reasonable period of time.
In so doing, the Court looks at:
-
what might be required for the supported party to develop or
acquire marketable skills
-
the extent to which his or her earning capacity is or will be
impaired by any periods of unemployment during the marriage to
devote time to performing domestic duties.
Generally, the Supported Party is expected to acquire skills by
seeking education or training in a field that is likely to lead
to employment rendering reducing or erasing the need for future
Spousal Support.
For example, in a marriage where both spouses worked, spousal
support may be limited if the Supported spouse developed
sufficient experience suitable for re-employment.
The Court can also deny Spousal Support based on a criminal
conviction for abuse of the Spouse paying the support. Moreover,
under Family Code Section 4324.5(a)(2)-(4), the victim spouse
may even be awarded 100% of the community property interest in
retirement and pension accounts.
