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April 2016 Archives

Dealing with an international child abduction

A divorced parent in California whose former partner has overseas ties might have reasons to fear an international child abduction. The Hague Convention provides some protection against this if the child is taken to one of the countries that has signed the agreement. However, even if it is one of those more than 90 countries, there could still be complications.

Diplomacy and parenting plans

Dealing with a parenting plan after a California divorce can be challenging, especially for the parent who does not have primary physical custody. There may be occasions that are not detailed in the plan on which the non-custodial party would like to spend time with their child, but the other party might not comply with such requests. In some cases, there may be excuses based on the fact that the lack of detail in the plan alleviates any need to go along with a special request. In other cases, a parent may simply misread the terms of the plan, resulting in difficulties for the other party.

Parental alienation syndrome and abuse accusations

Some divorced parents in California may be victims of parental alienation syndrome, or they may have been accused of parental alienation when they were actually reporting legitimate child abuse. Parental alienation is a controversial concept in both legal and medical circles.

Summer plans, child custody and visitation

California parents who are divorced should be sure to think ahead to summer vacation plans. These will vary depending on the parenting plan and the age of the child. Even though school is out, there may actually be more social events, games and other things going on. Parents should write provisions into the parenting plan that give a time frame for informing each other about summer vacation plans. Many parents find a notice of 60 days to be reasonable.

Idealism and reality in the child support system

California residents may agree that non-custodial parents should pay the child support that has been ordered to ensure that their youngsters have the care that they need. However, the goals of the system can be undermined by other issues. For example, a custodial parent might recognize that the lack of responsibility of the child's other parent could lead to nonpayment on an occasional or frequent basis. At the same time, seeking that support could lead to problems with eligibility for government benefits that might be needed to make ends meet.

Prolonged divorces and the effect on children

California parents who are ending their marriage should be aware of the various ways in which prolonging the process can affect their children. When parents plan a divorce, it usually involves long periods of intense discussions and conflict. Conflicted feelings regarding how it will affect the children lead many parents to prolong or even suspend their plans. Nonetheless, once the decision to divorce has been made and a parent leaves, children need concrete answers as to how the divorce will affect them.

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Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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