California Move-Away Requests Settle Custody Issues After Relocation

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May 13, 2012 /24-7PressRelease/ -- As the economy continues on a path to recovery, more jobs are again being created in California and across the country. However, a move across the state or country is sometimes required for the right job.

The federal and state Constitutions guarantee the right to move freely across state borders. However, for divorced and single parents relocations can pose a challenge if the noncustodial parent believes that a move will be harmful for the children.

Parents who may be considering a nationwide job search or who have been offered employment in another state must consider the implications a move will have on their current child custody arrangement. Any potential move can disrupt a young child's life and may cause problems. Visitation with the noncustodial parent could also become more limited. Thus, a California move-away attorney should be consulted to ensure the proper steps are followed.

Child Custody Arrangement Following a Move

Under California law, custodial parents are entitled to relocate along with their minor children as long as the move does not "prejudice the rights or welfare of the child." If the request is made as part of an initial custody determination, the court decides what custody arrangement is in the child's best interests.

A custodial parent cannot plan to move solely to interfere with the noncustodial parent's visitation. The trial court may ask why the parent wants to move in an effort to make sure that the purpose is not to limit contact with the noncustodial parent.

As long as no improper purpose exists, the custodial parent does not need to show the move is necessary. If objecting to a move, the noncustodial parent must show that relocating will be detrimental to the children.

Other factors that the court will review in deciding whether to modify custody orders following the move-away request are:
- The distance of the move
- The age of the children
- The children's relationship with each parent
- The children's wishes, if they are old enough to express a preference

The children's interest in stability and continuity of custody arrangement may also be balanced against the disruption that a move might cause.

A recent California case found that in move-away cases the trial court must determine custody issues based on the premise the move will take place as planned. The question the court must resolve is not whether the parent is allowed to move, but what the custody arrangement should be if and when the custodial parent moves.

In the event that you need to relocate for a new position or you want to try to keep your children from moving, contact an experienced family law attorney. An attorney can help build a persuasive argument to protect your children's rights and support your position.

Article provided by The Law Offices of Burch and Coulston, LLP
Visit us at www.ocdivorce.net

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Virtual Visitation (Internet Visitation) in Texas Child Custody Matters

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May 10, 2012 /24-7PressRelease/ -- In today's mobile society, it is increasingly common for a parent to relocate after a divorce. According to a report for the National Center for State Courts, 75 percent of newly single mothers will move within four years after a separation or divorce. Another 30 percent will move more than once. Also, an estimated 18 million children have separated or divorced parents, with one in four having a parent who lives in another state. As such, nearly 10 million kids do not have regular face-to-face contact with one of their parents.

Being away from your children can certainly be challenging. Because of this, it is critical to maintain relationships and emotional connections so that your children will understand that you are still a part of their world. Thanks to technological advances, virtual visitation can make long-distance parenting easier. Virtual visitation, also called Internet visitation, is a means for parents to have face-to-face time with their children via electronic means. Aside from a parent who has relocated, a parent who is away from his or her child while in the military, business traveling, or on vacation, can also take advantage of technological advances.

The most popular interface is Skype, which uses voice-over-Internet Protocol (VoIP) to generate cheap long distance calling and video calls using a computer and a webcam. You may also speak to anyone in the world for free if they have a Skype connection. This allows parents to share more than just their voices and provides a much different experience than just talking on the telephone.

Video chat and webcams have become so popular that more courts are including virtual visitation schedules into parenting plans. Texas enacted a law giving non-custodial parents (the parent who is granted possessory conservatorship) electronic or virtual communication rights in 2007 (Family Code ?153.015). Since then Florida, North Carolina, Wisconsin and Illinois have passed similar laws. Twenty two other states have bills at various stages of consideration.

Proponents of virtual visitation say that it is a great way to strengthen the bonds between parents and kids across the miles, but caution that it cannot replace face-to-face contact. It is best used to supplement visits and to share spontaneous moments, such as a lost tooth, a report card or a recent award. However, some parents may abuse this medium and use it to spy on their ex. A parent could ask the child to walk through the house with a webcam to find evidence of a new boyfriend or girlfriend.

Nevertheless, virtual visitation is an easy form of communication that gives a child the psychological benefit of constant contact with a distant parent. Of course, virtual visitation is not a substitute for personal contact or visitation between a child and parent.

If you have questions about electronic communication and how it can be included in your order, an experienced family law attorney can help. As well as representing your interests in divorce litigation, a lawyer can also help you determine whether alternative dispute resolution, such as mediation or collaborative law, might be right for you and your situation.

Article provided by Bertolino LLP
Visit us at www.belolaw.com

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Child Custody Determinations in a Digital Age

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April 22, 2012 /24-7PressRelease/ -- In North Carolina and around the country, child custody and visitation arrangements are made by judges who are acting according to the legal standard of the "best interests of the child." While there isn't a definitive list of factors that judges can consider when making those decisions, typically judges look at:
- The mental and physical fitness of both parents
- Any special educational, developmental or social needs the child may have (e.g. learning disabilities, physical challenges or mental illnesses)
- The housing situation of both parents
- The express wishes of the child (provided the child is of sufficient age and mental capacity to have his or her preferences considered)
- Income and job status of both parties
- Evidence that one or both parties is alcoholic or abuses drugs
- Social/familial support system available to each parent
- Environment of each parent's home (cleanliness, availability of private space for the child, whether or not the child will be exposed to secondhand smoke, etc.)

In the past, the court's source of this information about the viability of each party as a positive parental figure for a child was primarily anecdotal, either discovered through witness testimony/depositions or gleaned through visits with court agents like social workers, guardians ad litem and attorneys.

Now, though, those same people bringing evidence to the judge's attention have access to a wealth of information about parents seeking child custody and visitation arrangement schedules or modifications -- the Internet. Parties can search online for pictures of each parent (particularly if the pictures show the party participating in unsavory or illegal activity), images of their children without adequate supervision (or engaging in something inappropriate) or revealing information about the parental home (like someone smoking cigarettes or drinking alcohol in the presence of a young child).

The information discoverable online -- particularly that posted in social networking sites like Facebook and Twitter -- is staggering to most people, and few realize that statements besmirching the other parent, years-old pictures of drunken antics or otherwise innocent pictures of a custodial parent enjoying a night out with a new romantic partner can all be problematic when viewed in the eyes of a North Carolina family court judge. If you are -- or you anticipate you will be -- involved in a custody dispute, particularly if you are seeking full custody, seek the advice of an experienced family law attorney in your area to learn more about your legal rights as a parent.

Article provided by Breeden Law
Visit us at www.breedenlaw.com

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