Custody, Financial Support, And Domestic Violence In California Divorce Cases
The following article will cover:
- California court’s approach to custody cases and their focus on the best interest of the child,
- What to do if a spouse cuts off financial support before a divorce case is heard, including filing an ex parte to request temporary orders, and
- The impact of domestic violence on a divorce case and the possibility of filing for a domestic violence restraining order independently from the divorce process.
Is There Any Preference Shown Towards Mothers When It Comes To California Court Choosing Sides In A Custody Case?
California courts do not show a preference for either parent based on gender when determining custody. The court’s primary focus is the best interest of the child, aiming for an equal timeshare between parents whenever possible. The court does not favor stay-at-home parents over working parents; instead, it seeks to ensure each party has ample parenting time with their children.
What If My Spouse Cuts Me Off Financially Before We Get To The Judge? Is There Anything I Can Do?
If your spouse cuts you off financially, it is essential to file your case as soon as possible. Once the other party is served with a petition and summons, both parties are automatically restrained from taking certain actions, such as closing accounts or selling property. If your spouse violates these restraining orders, you can file an ex parte (expedited hearing) to request temporary orders until the hearing. The court can provide relief, and you may have a hearing within a week or two of filing the motion.
I Am A Victim Of Domestic Violence. Does That Change My Divorce Case?
Domestic violence can affect your divorce case. You can file for a domestic violence restraining order independently from the divorce process. In this situation, you may end up with two cases: a domestic violence case (DV) and a family law case (FL). The courts may combine these cases, but they will be handled by different judges.
Filing for a restraining order can provide immediate relief, such as spousal support, child support, custody, property restraint, and protection for personal belongings or pets. If a restraining order is filed during an ongoing divorce, it can impact custody orders, attorney’s fees, and other aspects of the case.
With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Law in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 909-4586 today.