Child Custody & Visitation Basics

A client who did not have an attorney during her divorce last year focused her intent in getting sole legal and physical custody of their very young child. In essence, she waived her rights to a much higher child and spousal support along with community asset division and in exchange she would have sole custody. Moreover, in the Judgment which was prepared by her husband’s attorney, it set forth that custody can not be modified unless there are two conditions: domestic violence or imminent danger/risk to the child.

However, she was not advised that notwithstanding the narrow conditions custody can be modified, she did not know that the court always retains jurisdiction of custody matters so long as the child is a minor. I am now representing her since the father now wants to modify the custody/visitation issues even though the two conditions do not exist. She wants to live abroad in Europe but father disagrees to this request.

In making a child custody order between parents, the court must also grant the other (noncustodial parent) “reasonable visitation rights” unless it is shown that visitation would be “detrimental to the best interest of the child” [CA. Family Code (FC) § 3100(a)]

Because of the importance placed on “frequent and continuing contact” with both parents, an order withholding a parent’s visitation privileges can only be issued upon a finding that any form of visitation would be detrimental to the child.
The court has broad discretion in defining a parent’s “reasonable visitation” rights and establishing a visitation schedule. Subject to a few statutory limitations, the basic tenet is the child’s best interest.

In all cases, the clear policy is to assure the child’s health, safety and welfare and to the extent possible for “frequent and continuing contact with both parents.” The continuing contact can be restrained by looking at factors cited in CA. FC 3011. Aside from this, the court considers the practical facts of the case, child’s age, maturity, special needs, the parent’s proximity to the each other and if appropriate, the child’s preference.

Visitation is not tied to payment of child support. Parent visitation rights must be tried independently of other issues before the court. A visitation order may not be tied to or conditioned upon the payment of child support and has no bearing on whether parental contact would be detrimental to the child.

A parent’s absence or relocation from the family residence cannot be considered in determining visitation (or custody) provided it was in short duration and during that time, the parent showed interest in maintaining custody or visitation. Additionally, the court will review whether the parent made reasonable efforts to have regular contact with the child and demonstrated no intent to abandon the child.

Visitation rights cannot be restricted solely on the basis of a parent’s “unconventional lifestyle,” the parties’ “opposing moral positions” or “outright condemnation of one parent’s beliefs by the other parent’s religion unless there is evidence these factors are detrimental to the child.

The right to make decisions regarding the child’s upbringing is with the parent who is granted legal custody. The decision-making powers do not shift between parents during visitation periods unless they have “joint” legal custody. [FC §3006 for sole and FC§3003 for joint legal custody]

Implementing a visitation order depends upon the custodial parent’s ability to make the child available for visitation. During a child’s younger years, the custodial parent has sufficient control to compel the child to visit the other parent pursuant to the court order. The parent’s failure to do so could be punishable by contempt.
But the rule is different with teenagers. Technically, teenage children remain under their parent’s control. However, if a teenage child refuses to visit with the noncustodial parent, that parent is left without a remedy. In Coursey v. Superior Court (1987) 194 Cal.App.3d 147 – court erred in holding mother in contempt for violation of visitation regarding a 14 year old child because there was no showing that mother had the ability to compel child to visit.

Custody and visitation are very emotional issues and presenting a clear and concise argument for the court is critical. If you have any questions, feel free to call my office at 310-601-7144 or email me directly at This email address is being protected from spambots. You need JavaScript enabled to view it.

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Article originally published in: http://attycastaneda.com/child-custody-visitation-basics/

The internment of Japanese Americans during World War II

Melissa Bailey, a program development associate at the National Japanese American Historical Society, spoke at the Exclusion Exhibit Roundtable on October 5th at the Presidio Officers' Club in San Francisco.

Bailey, alongside a multicultural panel, spoke about the importance of understanding the immigrant experience and the value of learning about the internment of Japanese Americans during World War II.

 

 

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Caregiving, a Thought for our Loved Ones

Image result for inhome care filipino caregivers

In every person's life comes the time where the parent-child roles reverse , where those who have nurtured and loved and helped us selflessly would need our help once their time of physical /mental incapacity sets in , A time where age comes and starts knocking, But many instances that even the best meaning child who in this day and age of high pressure work and instant demanding hours can not cope with being there for their parent 24/7 would feel that the situation is like moving mountains.

Thankfully various homecare services are readily available but are they right for you?

As worrisome as it is , choosing the right caregiver is critical to the happinese and longevity of your parents, a common trend now seems to favor many "in-home" caregiving service where in the chosen caregiver takes care of your folks in your own or their own home environment, many favor this as the elderly are more familiar with their soroundings and makes the process more natural.

Today we speak with one of Hayward's more reputable Inhome care Agencies ; Best Home Health Providers in Hayward headed by Mr. Mike Mejia.


Hi Mike , Please Tell us more about how you started ?

Hi yes , We started back in 1993 as a healthcare staffing agency. We provided RNs, LVNs, and CNAs to various nursing homes in our area. We since expanded to include home care services.


Please tell us more about your business ?

We are a home health care provider. Our services include: Skilled Nursing, Physical Therapy, Occupational Therapy, Social Services, and private caregivers.


Who do you serve?

We primarily serve the elderly population within the Bay Area.


What sets you apart from your competitors?

Our customer service sets us apart. Clients are happy with our response, organization, and follow up as based on our history and we also can provide references if requested.


What Areas and folks would benefit most from your help?

People who are being discharged to go home from the hospital or rehab center typically benefit from our services.

How do people who need help find you?
We are available by phone 24 hours per day, 7 days per week. We are also accessible by email.

What services do you offer currently?
Services we provide include: Home nursing and therapy services, private caregiver services.

What is the specialty of your business that can make a difference in lives? Where can our readers reach you?

Our specialty is our Skilled Nursing services, Physical and Occupational therapy services which help patients recover in the comfort of their own home, instead of staying in a nursing home. Our private caregivers benefit our clients by helping them with daily living activities that have become difficult due to age or illness.
Yes you may reach us at your convenience by calling #510-782-9080 or This email address is being protected from spambots. You need JavaScript enabled to view it.


Thank you Mike for talking with us?

yes thank you for the opportunity and we look forward in helping you take care of your Loved ones, please don't hesitate to call or email us , Consultation is Free.

 

3rd Conference on WWII in the Philippines

By :Cristina Osmena


When I think of Manila past, I picture fields of cogon grass, growth unchecked, and fertile soil teeming with creatures long since displaced—snakes and bats, large incomprehensible insects, invisible dwarves, jungle rats, prehistoric roaches, and khaki slugs. I imagine a place nature-wild and breezy, where the country’s elite clustered to beat back the overwhelming weather-driven oppression typical of the Tropic of Capricorn. In their mutual company and consolation, they could emulate the happy post-war boom of 1950s America. This was the image of my mother’s childhood that she shares with me, a Manila where she and her group of preteen friends could ride their bikes unattended across EDSA as if it were just a wide empty road across a long stretch of Idaho cornfields. I rarely stop to think that just the decade prior, my mother’s bike would have traversed cracking bone and putrid air, dense with fear and shock and the particulate residue of Japan’s tenure in the land of our ancestors, that time of terror that ended so violently on February 12, 1945 and left a hundred thousand of our ancestors dead before their time.

This, among other things, is what the Bataan Legacy Historical Society, Memorare Manila 1945 and the Yuchengco Philippine Studies Program of the University of San Francisco coordinated to present on September 9, 2017 (coincidentally, my great-grandfather’s 139th birthday) in a series of panel discussions featuring speakers who came from as far away as the Philippines and Canada.

 
 
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