Orange County Child Custody FAQ

Yes. After the divorce process has started, either spouse can make requests for temporary child support, spousal support (alimony), and child custody and visitation. In an Orange County divorce case, before the family court makes orders on custody, the spouses must first proceed to mediation. This court ordered mediation is held at the Lamoreaux Justice Center in the City of Orange. The mediator, without the presence of the divorce lawyers, sits down with both spouses and tries to help them resolve their custody disputes.

Temporary custody and support issues may change during the divorce depending on whether or not there are any changes that occur in the spouse’s lives while the Orange County divorce is pending, both financially and otherwise.

Temporary family law orders remain in effect until there is a final judgment (whether by trial or by settlement) in the divorce case.

The family law judge makes decisions based on information he or she is provided by the parties and the divorce lawyers.

First and foremost, Orange County family law judges, like all judges, look at what is in the best interests of the children. The judge will look at many different factors including the health, safety and welfare of the children, look at the past conduct of the parents in raising the children and will make a decision as to whether one parent should have sole physical custody while the other receives visitation or if the parents should share joint physical custody. The family court also makes a decision on legal custody, which is different than physical custody. These terms are explained below.

Some of the most important factors the court takes into consideration are:

• Age, gender, and stage of development of the child
• Emotional, social, and educational needs of the child
• Health, welfare, and safety of the child
• Level of communication and cooperation between parents
• Parenting ability and psychological adjustment of each parent
• Quality of the parent-child relationships
• Parental support systems
• Cultural factors

Physical custody is simply the timeshare parents have with the child or children.

Physical custody can either be “joint” or “sole”. Orange County courts generally presume that joint custody is in the best interest of the minor child.

Joint physical custody means that both parents share frequent and continuing contact with the children. A typical joint custody situation is, for example, one week with one parent and the next with the other.

Sole physical custody means one parent has received the primary timeshare with the child while the other has visitation. A typical visitation schedule is every other weekend and a weekday every week.

Legal custody is simply each parent’s right to participate in and make decisions about the significant aspects of the children’s lives including the health, education and welfare of the children. Joint legal custody is common and preferred. However, there are circumstances such as physical abuse, sexual abuse, serious drug or alcohol issues that could cause a parent to lose legal custody.

Yes. In fact, Orange County courts have set guidelines that they follow depending on the age of the children.

Orange County parenting guidelines state that for children of this age group, essentially infants and toddlers, the separation time of the children from the mother and father has to be minimal. This will help reduce the child’s anxiety and will keep the bond between the child and parents secure. The dangers of extended separation time between a child and a parent is that the child of this age does not have the long-term memory of older children such that they can remember their parents in the same way. An infant or toddler can lose an attachment with a parent quickly if there is not a consistent and frequent pattern of contact.

That is not to say a child who has not seen a parent for weeks or even months should be precluded from regular and frequent visitation. In fact, the our Orange County child custody lawyers believe the guidelines intend to say exactly the opposite.

The child, according to the Orange County parenting guidelines, of between 15 and 24 months of age experiences the most intense separation anxiety. For that reason, it is important that a child at this stage see each parent frequently to keep that bond.

The guidelines state that the “essential considerations” when dealing with children three years old or younger are as follows:

1. The degree of attachment between the parent and child. The guidelines state that attachments means the level of “trust, security, and bonding” in a parent and child relationship. In a situation where a parent and child have not seen each other or had contact for an extended period of time, the guidelines state that the contact should resume slowly and gradually so that the child adjusts well to the parent. Our experience as Orange County child custody lawyers is there has to be a balance stricken between the gradual adjustment and unnecessary delays in fostering the parent and child relationship.

2. The guidelines state parent spends with the child should be “alone” time. This means the parent and the child can focus on each other and increase the bonding during the visitation as opposed to being in a distracting situation where the child’s focus is taken away from the parent.

3. The guidelines state that information regarding a child’s diet, medications you see is taking in daily routines should be exchanged between the parents. This is important because if the non-custodial parent doesn’t have this information, he or she will not be able to care for the child in the way the child is used to being cared for and that can disrupt the child’s routine and cause unnecessary anxiety.

4. The guidelines state that to promote a sense of security for the child, it is usually best that the custodial parent deliver the child to the other parent during the transition of visitation. This can sometimes be a double edged sword in our experience. If the custodial parent is a gatekeeper, meaning someone who has too much of a possessory interest in the child and is unreasonably distrusting of the other parent, this exchange and actually cause a lot of tension in the child. Even a young child knows when his or her parents are fighting or if there is an uncomfortable situation that is occurring. If this degree of contention exists between the parent, our Orange County child custody lawyers have found that a caretaker or another person who the child is comfortable with can handle the transitions. It is critical this other individual not have hostile feelings toward apparent or, at least, be willing to keep those internalized during the transition.

5. The Orange County parenting guidelines state that the exchange and transition of the child to the noncustodial parent should be done quickly and without unnecessary delay. This issue goes hand in hand with what we have discussed in number four, above. The transitions must not be stressful for the child and must create a comfortable and smooth environment so that the visitation with the noncustodial parent can start without tension. If visitation gets off to a bad start, the noncustodial parent may find him or herself spending beginning of the visitation trying to calm the child down and this can take away from the time the child and parent should be bonding.

6. The guidelines states that a security object can accompany the child. This is typically a stuffed animal or something that the child gravitates to and uses to feel comfortable. For very young children, this can be something as simple as a pacifier and as they get older, our Orange County child custody lawyers typically see stuffed animals and similar toys serve this purpose.

7. The parenting guidelines also state that the contact days between the noncustodial parent and child should be consistent. This is sometimes easier said than done especially when there is a great distance between the parent and the child. If a parent does not reside nearby and needs to fly or has job commitments that prevent him or her from exercising consistent visitation, our Orange County child custody lawyers believe that compromises have to be reached between the parents to allow for as reasonable a consistent contact as can be accomplished. It is far better for there to be some inconsistency than no contact at all. This is especially true if the custodial parent interferes with the visitation or has attempted to thwart it.

The following are schedules that are recommended by the Orange County parenting guidelines. The guidelines state that the schedule will depend on the degree of attachment between the child and the noncustodial parent. If the parents and child have a “comfortable and secure” relationship, the parenting guidelines recommend the following schedule (quoted):

• Parent A. Tuesday, Thursday 4:00 p.m. to 7:00 p.m. Saturday 10:00 a.m. to Sunday 10:00 a.m.
  Parent B: All other times
• Parent A. Tuesday 5:00 p.m. to Wednesday 9:00 a.m., Thursday 4:00 p.m. to 7:00 p.m., Saturday 5:00 p.m. to Sunday 5:00 p.m.
  Parent B: All other times
• Parent A. Wednesday 4:00 p.m. to 7:00 p.m., Saturday noon – Sunday 5:00 p.m.
  Parent B All other times
• Parent A. Wednesday 4:00 p.m. to 7:00 p.m., Saturday 5:00 p.m. to Monday 8:30 a.m.
  Parent B: All other times
• Parent A. Tuesday noon – Wednesday noon, Thursday noon – Friday noon, Saturday noon – Sunday noon
  Parent B: All other times

In a situation where the child is not as attached to one parent and therefore the child is not as comfortable and secure as the first scenario, the guidelines recommend the following schedule (quoted).

Weeks 1 & 2 (Parent A)

Minimum (2 hours) per visit, three times per week on nonconsecutive days

Weeks 3, 4, & 5 (Parent A)
Minimum (3 to 4 hours) per visit, three times per week nonconsecutive days

Weeks 6 & 7 (Parent A)
Minimum (5 to 6 hours) per visit, three times per week nonconsecutive days

Week 8 (Parent A)
See Schedule for Child Attached to Both Parents

Obviously, in each of the above “week” scenarios, the child is with Parent B at all other times.

The Orange County Parenting Guidelines site to research that it claims suggest that children within this age group can form strong attachments between themselves and the parents. The guidelines also state that the children can develop the same or similar attachments with other adults and those who care for them.

The parenting guidelines state that children during this age group are able to tolerate periods of separation better than when they were younger. The guidelines indicate that “consistency, predictability, and structure” are very important for this age group.

The Orange County Family Court would take the following into consideration, according to the Guidelines:

1. The same consistency, predictability and structure that we discussed during the preschool years. The amount of time a child spends in preschool is also an important factor based on the experience of our Orange County child custody lawyers. A child that goes to preschool 2 to 3 days a week would adjust differently than a child who is in preschool each day, Monday through Friday.

2. The Guidelines suggest that children are able to use color-coded time blocks to represents the time children spend with each parent. This is represented on a calendar, which of course depends on the individual style of each parent.

3. The Orange County Parenting Guidelines state children in this age group can spend overnights with each parent but a schedule similar to a week on, week off, would probably not work as well because of the detachment from one parent for an extended period of time.

4. The Guidelines state that conflict must be avoided and is most important to be avoided for children of this age. Parental conflict and a child’s witness to it can cause anxiety and can even cause a child to regress to some of his or her infant or toddler behavior as a way of coping. The experience of our Orange County child custody lawyers is that children of this age do not understand the nature of conflict and cannot distinguish whether or not the conflicting parents are upset at each other or at the child. Children at this age tend to internalize nearly everything around them because they are, in many ways, the center of their own universe.

5. The Orange County parenting guidelines state that children of this age group can experience nightmares but that these nightmares do not necessarily mean the child is having an unpleasant experience with the parents. Nightmares are actually quite common in children of this age group and parents should be careful not to overreact to the children.

6. Because children are the center of their own universe, what the Orange County parenting guidelines call “self centered”, children do not adjust well to changing activities especially when they are interested in an activity. The guidelines state that children may react to this by crying.

Our experience is children love routines. Routines bring stability and predictability. In this age group, there are a wondrous amount of new things to learn every single day but the children’s routines are what help them in their development and in their ability to adjust to day-to-day life with their parents. Our Orange County child custody lawyers believe that each parent should communicate and discuss the routines that are in the best interest of the children. While each parent does not have to follow an identical script of a routine, to the extent the parents can make life for the children similar in each household, the children will have less anxiety when away from one parent and, in some respects, each parent’s house can remind him or her of the other’s, assuming of course that both parents take good care of the child and don’t have a dysfunctional household.

7. The guidelines state that if a child cries when a parent picks that child up, this should not necessarily been interpreted to mean that there is a problem between the parent and child.

Here are some schedules suggested by the Orange County Parenting Guidelines. The Guidelines state these are dependent upon the age and maturity of the child (which in our experience is a critical factor that is not taken into consideration often enough), pattern of contact with each parent (what the parents have been doing or as is sometimes called, the “status quo”), family lifestyle, and the presence of siblings (quoted).

1. Parent A – Alternate weekends Saturday and/or Sunday from 8:00 a.m. to 4:00 p.m. and Wednesday evenings from 6:00 p.m. until 8:00 p.m.
   Parent B – All other times
2. Parent A – Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and Wednesdays from 5:00 p.m. until 8:00 p.m.
   Parent B – All other times
3. Parent A – Alternate weekends from Saturday at 8:00 a.m. until Sunday at 8:00 p.m. and Tuesdays and Thursdays from 5:00 p.m. until 8:00 p.m.
   Parent B – All other times
4. Parent A – Alternate weekends from Friday evening until Monday morning and every Wednesday overnight
   Parent B – All other times
5. Parent A – Monday afternoon to Wednesday morning. Every Other Weekend (Friday afternoon to Monday morning)
   Parent B – Wednesday afternoon to Friday morning. Every Other Weekend (Friday afternoon to Monday morning)
6. Parent A – Saturday evening through Wednesday morning
   Parent B – Wednesday afternoon through Saturday evening
7. Alternate Weeks with Parent A and Parent B. Wednesday overnight with the other parent
8. A combination of any of the above

Orange County parenting guidelines  suggest the children in this age group are able to handle back and forth visitation between each parent’s home. The guidelines indicate that although children can handle such a schedule, some children still do better by spending more time at one home. Our experience as Orange County child custody lawyers is that age is only one factor when determining whether or not his schedule such as a week on an week off works for a child within this age group. The maturity of the child as well as the bond between the child and each parent are just as important as the age of a child. We have seen eight-year-olds handle a week on, week off schedule better than an 11-year-old for these reasons. Our Orange County child custody lawyers believe that is best to not use a cookie cutter approach for children of this age.

The Orange County parenting guidelines state that factors such as the school schedule, extracurricular activities, one or both parents work schedule and issues such as transportation and supervision are the factors that should be taken into consideration when determining the proper schedule for children of this age.

The following are the essential consideration in this age group, according to the Orange County Parenting Guidelines. We have covered these before with the other age groups so we won’t really expand here on what the Guidelines offer as a suggestion. The following is quoted from the Guidelines:

• Parents need to communicate with each other about establishing consistent rules, structure, and discipline for the child.
• Exchanges should be done quickly and without conflict to reduce transition issues for the child.
• Exchanges may be done by pickup and return at school or daycare.
• Neither parent should schedule outside/extracurricular activities that interfere with the other parent’s court-ordered time with the child without mutual agreement.
• Parents need to agree mutually on any rescheduling in a timely manner.
• Parents should communicate when there are changes in the schedule.

The following are the suggested parenting plan options, according to the Guidelines (quoted):

1. Parent A. Alternate weekends Saturday and/or Sunday from 8:00 a.m. to 4:00 p.m. and Wednesday evenings from 6:00 p.m. until 8:00 p.m.
   Parent B All other times
2. Parent A. Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and Wednesdays from 5:00 p.m. until 8:00 p.m.
   Parent B All other times
3. Parent A. Alternate weekends from Saturday at 8:00 a.m. until Sunday at 8:00 p.m. and Tuesdays and Thursdays from 5:00 p.m. until 8:00 p.m.
   Parent B All other times
4. Parent A. Alternate weekends from Friday evening until Monday morning and every Wednesday overnight
   Parent B All other times
5. Parent A. Monday afternoon to Wednesday morning. Every other weekend (Friday afternoon to Monday morning)
   Parent B Wednesday afternoon to Friday morning. Every other weekend (Friday afternoon to Monday morning)
6. Parent A. Saturday evening through Wednesday morning
   Parent B Wednesday afternoon through Saturday evening
7. Parent A. Alternate weeks with Parent B
   Parent B Alternate weeks with Parent A

Orange County parenting guidelines state that children in this age group are developing their own identity and not necessarily that of their parents. The guidelines suggest that children in this age group are very focused on their activities and relationships outside of each parent’s home.

The experience of our Orange County child custody lawyers has been the same. Children in this age group are, in some respects, far more difficult than the younger years. That is because they have developed or are developing their own opinions on many things including their relationship with their parents and their parents’ relationship with each other.

It is very common for children in this age group to harbor anger or resentment at one parent or both for the divorce and the split of the family. Children don’t always express these feelings through words. This can be manifested through their actions, including defiance. Parents must take great care with children in this age group to make sure that they are not used as leverage in custody negotiations or court. Instead, parents should have ongoing contact with each other and set up guidance and rules as well as standards for behavior, as suggested by the guidelines.

As the children get older, their opinions about their living arrangements will likely matter more. While parents should make the final decisions, the child should have a voice in the process as well.

The Orange County Parenting Guidelines suggest that flexibility is very important with children in this age group. Flexibility between parents in our experience leads to not only good co-parenting but also the continued emotional health of the children because they see far less conflict between the parents as well as, when there is conflict, whatever conflict may exist to be easily resolved.

The Orange County Parenting Guidelines offer the following with children of this age group. We offer our input with each factor:

1. The guidelines suggest that it’s not unusual for children in this age group to be angry or embarrassed by their parents’ divorce or separation. We talked about this earlier in the section and our experiences been that the breakup, while emotional and difficult, does not have to be fatal to the children’s psyche. Too often, parents can make a bad situation worse as a result of the conflict that occurs after the separation. Parents have a lot more control over their children’s emotions than they think. If they took time to coparent and communicate as well as listen to their children rather than utilize them in custody battles, a lot of the anger or embarrassment of the children would be minimized, if not significantly eliminated.

2. Orange County Parenting Guidelines suggest that a rigid schedule may not be preferable for older teenagers. Because children of this age tend to be very involved in their own activities and what they consider to be their own lives, it may be best for parents to have regular flexibility. Our Orange County child custody lawyers often see this with sporting events or activities outside of school. Children this age can have a difficult time focusing on those activities if their parents are constantly fighting over scheduling issues.

3. Parents should not use children as messengers, according to the Orange County Parenting Guidelines. The experience of our Orange County child custody lawyers is that parents do this far too often with older children. It’s important that children not be placed in the middle of parental communications. Even a child as old as 16 or 17 years old cannot process effectively the level of conflict between his or her parents. To force a child to communicate and come in the middle of the parents will not only cause confusion but potentially resentment of one or both parents. Our experience is this will cause the child to withdraw from both parents and look for ways to not spend time with either.

4. The Orange County parenting guidelines suggest that parents should be sensitive to their children’s feelings and encourage ongoing contact with each parent even in a situation where the child or children harbor resentment toward one parent. Our Orange County child custody lawyers agree. So long as the issues between the parent and child are not one of serious physical abuse or serious emotional abuse, a child receives no benefit from one parent supporting the bitterness or resentment of the child. Our experience has shown that children whose resentment toward a parent is encouraged by the other parent not only struggle to recover from it but such resentment also can have a profound effect on the child’s own relationships later in life. For example, a son that has a poor relationship with his mother and harbors deep resentment toward the mother may likely have difficulty in his own relationships with women later in life.

5. The Orange County Parenting Guidelines state that parents should not rely upon their children for emotional support. To us, this is common sense. If a parent does such a thing, they are showing an emotional maturity of a child.

Orange County Parenting Guideline’s suggested parenting plan options are (quoted):

1. Parent A. Every other weekend (Friday 6:00 p.m. to Sunday 6:00 p.m.)
   Parent B All other times
2. Parent A. Every other weekend (Friday 6:00 p.m. to Sunday 6:00 p.m.) plus weekly mid-week visit (Wednesday 5:00 p.m. to 8:00 p.m.)
   Parent B All other times
3. Parent A. Every other weekend (Friday 6:00 p.m. to Sunday 6:00 p.m.) plus weekly midweek overnight (Wednesday 5:00 p.m. to Thursday before school)
   Parent B All other times
4. Parent A. Every other weekend (Friday afternoon to Monday morning) plus weekly midweek overnight
   Parent B All other times
5. Parent A. Monday afternoon to Wednesday morning. Parents alternate weekends Friday afternoon to Monday morning
   Parent B. Wednesday afternoon to Friday morning. Parents alternate weekends Friday afternoon to Monday morning
6. Parent A. Monday afternoon to Wednesday morning. Friday afternoon to Saturday/Sunday
   Parent B. Wednesday afternoon to Friday morning. Saturday/Sunday to Monday morning
7. Parent A. Alternate weekly custodial periods with Parent B
   Parent B Alternate weekly custodial periods with Parent A
8. Parent A. Alternate fourteen day custodial periods with Parent B
   Parent B Alternate fourteen day custodial periods with Parent A

The Orange County Parenting Guidelines provide valuable insight into this issue. We are quoting the Guidelines on this topic:

It is important for children to experience holidays with both parents and to develop holiday traditions with each parent and extended family as much as is possible.

Parents should remember that whatever the relationship between the parents may be, the children probably want to acknowledge holidays and special days with both parents and may need the help of both parents to do so.

It is critical for both parents to have the child’s school schedule available when making holiday parenting plans.

Holiday traditions involving travel to family gatherings should be considered when dividing holiday time. When travel or distance are issues, longer blocks of holiday time in alternating years may allow the children to participate fully in holiday activities with a parent or extended family members who live far away. Parents should be prepared to be flexible when holiday share plans involve travel.

Parents spending a holiday with a child may wish to facilitate some contact, such as a telephone call with the other parent on the holiday or special day.

Participation in holiday activities, such as choosing gifts, etc., may mean that parents, regardless of their conflicts, must work cooperatively in the best interest of the children.

Parents should keep in mind the ages and needs of children when forming holiday parenting plans. Holidays are extremely important to younger school-age children. Infants and toddlers may be unaware of the holiday and their presence at family gatherings may be more important to the adults. Older adolescents and teenagers may be less excited about holidays and holiday activities than younger children.

Safety and enjoyment of the holiday should be the primary concern when planning holiday times with children.

New Year’s Day/New Year’s Eve

Options:

1. One parent has the period from December 31 to January 1 in odd years and the other parent has the same period in even years.
2. One parent has extra time scheduled during all or part of the day.
3. There is no change from the usual schedule.

Easter Sunday

Options:

1. One parent has a period of time from Saturday to Sunday in odd years and the other parent has the same period in even years.
2. One parent has extra time scheduled during all or part of the day.
3. There is no change from the usual schedule.

Mother’s Day/Father’s Day

Options:

1. Each parent has his/her respective day every year, with perhaps an extra overnight or weekend.
2. One parent has extra time scheduled during all or part of the day.
3. There is no change from the usual schedule.

Independence Day

Options:

1. One parent has the period from July 4 to July 5 in odd years and the other parent has the same period in even years.
2. One parent has extra time on or near the holiday.
3. There is no change from the usual schedule.

Thanksgiving

Options:

1. One parent has all or part of the four-day holiday period in even years, and the other parent has the same period in odd years.
2. One parent has Thanksgiving Day in even years, and the other parent has the day in odd years.
3. One parent has extra time on the holiday or part of the holiday weekend, or the child participates in activities with each parent.
4. There is no change from the usual schedule.

Christmas

Options:

1. One parent has the period from midday December 24 until midday on December 25 in even years, and the other parent has this period in odd years. The parent not having December 24-25 has the children from midday on December 25 until midday on December 26.
2. One parent has extra time on the holiday or part of the holiday weekend, or the child participates in activities with each parent.
3. There is no change from the usual schedule.

Monday and Friday Holidays

Options:

1. The parent with the weekend adds the Monday or Friday holiday to the weekend.
2. Each individual Monday or Friday holiday is assigned to one parent in odd years and the other parent in even years.
3. One parent has additional time on all or some of the Monday and Friday holidays.
4. There is no change from the usual schedule.

According to Orange County parenting guidelines, parents should take a “business-like” approaching to communication. This makes sense although it should not be taken to an extreme. While it is understandable that parents should communicate effectively, rigid communications can sometimes be misinterpreted by children as hostility. Although we agree with the Guidelines that communication should be clear and courteous, if the children are around, the “tone” should also be softer and friendlier. This is of course easier said than done. Our experience is that it is best that parents keep their communications about the children outside the presence of the children, when possible.

Typically, in nearly every Orange County family law order we have seen, vacations, holidays or other types of “special” days take priority over the regular schedule.

Orange County courts have state the essential considerations here are (quoted here):

• Each parent to give the other parent thirty (30) days advance written notice as to vacation dates, destination, and phone numbers of where the child and parent can be reached.
• Telephone contact is recommended to increase the child’s sense of continuity and security during the out-of-town vacation time.
• If the child is in town during a four (4) week vacation period, the non-vacationing parent may want to arrange a weekend or mid-week contact with the child.
• Parents should give consideration to the child’s activities during the summer before making final vacation plans in order to avoid conflict in schedules.
• Older adolescents may resist a rigid vacation schedule and may wish to express their ideas for a summer schedule that includes their activities and interests.
• It is critical for both parents to have the child’s school schedule available before discussing vacation and school break plans.

The following are the parenting guidelines in an Orange County divorce case depending on the age of the child (quoted):

Infancy to 3 Years Old

Options:

1. Presuming that one (1) regular weekly overnight has been ongoing, infants to 18-month olds may have three (3) consecutive overnights.
2. Presuming that two (2) non-consecutive overnights have been ongoing, 18 months to 3 year olds may have two (2) seven (7) day periods of vacation time, separated by at least four (4) weeks of the regular schedule.
3. If the child has older siblings, he or she may adjust to longer periods of vacation time which may be arranged on an individual basis by the parents.
4. D. For child with little attachment to one parent, vacation time should not vary significantly from the regular weekly schedule.

3 to 5 Years Old

Options:

1. Each parent to have up to ten (10) days of vacation
2. Each parent to have two (2) one (1) week periods of non-consecutive vacation time with the child.
3. If the child has older siblings he or she may adjust to longer periods of vacation time.

6 to 11 Years Old

Options:

1. For children from 6 to 8 years old, each parent may have two (2) two (2) week periods of vacation (non-consecutive)
2. For children age 6 and older, parents may alternate weeks during the school break periods
3. For children 8 years and older, each parent may have up to four (4) consecutive weeks of vacation time.
4. For children 8 years and older, parents may alternate the months of July and August each year.
5. For children 8 years and older attending non-traditional school, parents may share all off-track periods equally throughout the year.

12 to 18 Years Old

Options:

1. Each parent to have two (2) two (2) week periods of vacation.
2. Parents may alternate weeks of all vacation periods.
3. Each parent to have up to four (4) consecutive weeks of vacation each year.
4. Parents may alternate the months of July and August each summer.
5. For children attending non-traditional school, parents may share all off-track periods equally throughout the year.

Fortunately, after a divorce petition is filed and served, certain automatic temporary restraining orders go into effect. These orders prevent a parent from removing a child from the state without written consent of the other parent or a court order.

Parents going through an Orange County divorce case are well advised to not just rely on the automatic orders and if a parent is certain that a child is about to be moved out of state, emergency orders should be sought and the authorities contacted.

That depends on whether or not you have sole custody of the child and whether it is in the child’s best interest to move.

A parent that has sole custody of a child has the right to change the residence of the child but subject to the court’s power to prevent it.

“Move-away” custody cases are some of the most difficult and emotional family law cases. Courts may use different standards in determining whether or not you can move with the child depending on whether you are making your request as part of an initial custody determination (there are no prior orders regarding custody in effect), as a modification of a temporary custody order or a modification of a final custody order.

Before January 1, 2012, children in a pending divorce or paternity case could testify but the circumstances were rare and limited by the Judge. That all changed on January 1, 2012, when a new law went into effect. Family Code 3042 now allows children, more than ever, to state their preference during a custody case. The law states that when a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation. The law distinguishes between children who are 14 years or older and those under the age of 14. While children 14 or older shall be permitted to testify unless the Court states on the record why it is not in the child’s best interest to testify, children under 14 will be allowed to testify if the Court determines it is in the testifying child’s best interest. In other words, the older children are presumed to have the right to testify while the younger children are not.

You must seek a court order. If you have a current order and your spouse is refusing to abide by it, you can seek contempt proceedings (which could expose your spouse to fines or even jail), and/or you can seek a modification of custody to give you more time share due to your spouse’s interference with your custody. Orange County judges take parental alienation seriously and if you have a case where your spouse is refusing to let you see the children without justification, you need to act immediately.