Statute Of Limitations On Annulment In California

statute of limitations on annulment in californiaAnnulments differ from divorces because they terminate and erase the legal marriage contract. An annulment determines that the marriage was never legally valid, so it doesn’t exist in the legal record. 

However, unlike a divorce that can be filed for at any point during a marriage, there are statutes of limitation on when – and why – you can file for an annulment. If you don’t file within those limitations, you must pursue a divorce instead.

The best way to proceed with an annulment is to contact a family law expert who works with annulment cases. This ensures your paperwork is filed correctly and that it continues through the family law courts.

File Marriage Annulments Within Four Years Or Less

In most cases, you’ll want to file the petition for a marriage annulment within four years of your marriage date. Going beyond that date can make the marriage legal in the eyes of the family law court, forcing you to file for divorce instead.

Annulments are the way to go if your case qualifies and you want to terminate the marriage because they are almost always more straightforward, less stressful, and affordable. 

Annulments With Four-Year Statute Of Limitations 

Here is a more detailed list of the legal grounds for filing for an annulment in California, which has a four-year statute of limitations.

You were a minor (less than 18 years old)

It is illegal to get married as a minor in California without parental permission. However, even with your parents’ permission, your marriage may be null and void if you married before turning 18.

The marriage is a fraud (you were tricked into it)

If you can prove that you were tricked into the marriage and the marriage was a fraud, meaning you were tricked into it based on misrepresentations of who the other person was, the marriage can be annulled.

Marriage by force

A marriage is only legal if it is entered willingly and with consent by two legal adults. If one or the other parties were forced or threatened into the marriage, it could be annulled.

Mental illness

If there is any proof that mental illness played a role in the decision-making leading up to the divorce, you may have grounds for annulment. In this case, you may need support from a licensed mental health professional or therapist to prove you were unable to make a sound decision regarding marriage at the time.

However, it’s worth noting that mental health issues can play a role in the terms of child custody and visitation agreements. So, if you have children and are pursuing an annulment, citing you were not mentally sound at the time you were married, we highly advise seeking legal help beforehand to protect your rights as a parent.

Physical inability to consummate the marriage

If either party cannot physically consummate the marriage, it may qualify for annulment. This cause for annulment is less common now but still happens when a couple practices celibacy (with one or both parties believing intercourse is possible after marriage). If one or both are physically unable to consummate the marriage, the contract is void.

The exception to this rule would be if you knew that your partner was physically unable to consummate the marriage, and you chose to marry them anyway. In this case, the judge may not grant an annulment and may direct you to file a divorce instead.

Some Grounds For Annulment Have No Statute Of Limitations

In a few cases, your marriage is considered null and void, no matter what. While this can be viewed as an “annulment,” the law considers the marriage as never having been legal in the first place. That said, one or both parties must file an annulment to finalize the removal of their marriage license and marriage certificate from the public record.

Examples of marriages that are not legally recognized by the courts include:

Marrying someone who’s already legally married

If your spouse was legally married to someone else and you didn’t know it, you can file for annulment to erase the record of your marriage. If your partner legally divorces their original spouse, you can remarry.

Bigamy (multiple husbands/wives)

In some ways, this is the same as marrying someone already legally married. However, in the first case, the second spouse doesn’t know their partner is already married.

Bigamy is different because the second and any succeeding partners know their partner is married, but they choose to get married anyway. The practice of bigamy is still illegal in the United States court system. So, the second and any succeeding husbands/wives are never considered legal spouses in the family court’s eyes.

If the second and succeeding marriage(s) was never filed through the legal court system (fraudulent), then no annulment is required. If, however, those marriages were filed, an annulment would be pursued if any of the successive spouses wanted to get out of the marriage and erase any legal record of their participation. Again, if you had children within a bigamy arrangement, we recommend seeking advice from a legal professional before proceeding with the annulment.

One party thought their spouse was dead

This is not considered bigamy or a deception. In this case, a person truly thought their first spouse was dead. However, if the supposedly dead person emerges from hiding or regains memory after a lapse in memory, the first marriage is still legal, and the second marriage is considered never legal. 

Depending on the situation, the most recent marriage can be annulled, and a divorce from the original spouse can be pursued. If the original spouse doesn’t want a divorce and refuses to agree, you can still pursue that divorce and legally remarry the second spouse again.

The Law Offices of Gerard A. Falzone Can Help You With Your Annulment

Are you interested in pursuing an annulment in the Bay Area? The Law Offices of Gerard A. Falzone can help. We focus on mediation as a way to de-escalate complicated terminations of marriage. We can also help you file for annulment and navigate the terms of your child custody and visitation agreements if you had a child within the annulment statute of limitations.

Contact us to schedule a no-obligation, 20-minute discovery call to determine if we can be of assistance.

How To Prepare Your Children For Divorce

how to prepare your children for divorceWe can cite research all day long about how important it is to maintain a healthy, honest, and cooperative approach to prepare your children for divorce. But your children’s hearts, spirits, and well-being should always be the guiding force. 

Using a divorce mediator, rather than a traditional lawyer, can create a more seamless, conflict-free arena for divorce decisions. The less conflict and animosity there is, the easier it will be to prepare your children for a divorce.

Seven Things You Can Do To Ease Your Children’s Divorce Experience

If you are heading towards a divorce, there are several things you can do to help prepare your children – and support them through – an experience that will be excruciatingly painful, no matter how well you do your job.

Always always always take the high road

First and foremost, you absolutely must “take the high road” at all times. Children deserve to have an individual and independent relationship with each parent without that being tainted by the other parent’s story. This isn’t always easy, but it’s essential.

If you want to support your children’s emotional health and create a robust and healthy foundation for future co-parenting (more on that in #4), you must put any reactive, spiteful, or angry feelings toward your spouse to the side whenever you’re speaking in front of, within earshot, or directly to your children.

Anything you say that is insulting, vengeful, or disparaging about their other parent hurts your children. Period. The interpersonal issues that led to your divorce have absolutely NOTHING to do with your children, and it should stay that way.

Remember that you’re still a family even if you’re not a couple

One of the great misconceptions about divorce is that you’re no longer a family. Any divorced couple can tell you that’s not the truth. You may not want to be with your spouse anymore, but you will always be a part of each others’ lives if you have children together. That also means that any future partners of yours or your partners will also become a part of your “family.”

Holding this view of the extended family model is one of the best things you can do to keep that “high road” or “big picture” perspective we talked about above.

Invest in an experienced family therapist

Family and child/adolescent therapy can be an essential foundation for preparing for a divorce – and maintaining the healthy co-parenting relationship that will carry your children through the divorce and into their young adult years.

People mistakenly believe that therapy that doesn’t save the marriage is a waste of money. If you have children, we believe therapy is a crucial foundation for couples and their children because it helps families cultivate communication skills, co-parenting agreements, and how to assess their children’s needs above what each parent wants or sees as “best.”

Create a co-parenting plan

We can’t speak highly enough about the benefits of a co-parenting plan. These agreements can evolve and change with the family’s needs. 

This cooperative plan honors the commitment to your children’s well-being as well as your own. Co-parenting plans fare best when they’re viewed as “living documents” that can be revised as life inevitably changes. 

Most co-parenting plans incorporate:

  • Reiterations of the current child custody/visitation plan or related co-parenting schedules.
  • How changes in visitation/vacations/holidays should occur.
  • Common house rules that keep things consistent from household to household (essential for helping children transition back and forth).
  • How disagreements between parents will be resolved.
  • Etc.

Working with your family law mediator or therapist can help you create a customized co-parenting plan that supports everyone’s best interests.

Present the news and general plan together to prepare your children for divorce

Remember that no matter how amicable the divorce may seem from your end, it will still turn your children’s world upside down. Even the “best” of divorces are traumatic for children and affect them for the rest of their lives. 

With this in mind, you must present a united parenting front – even if you can’t be a united marital front – when it comes to communicating about the divorce with your children. 

What to say – and not say – largely depends on your children’s ages, so we recommend reading Today’s Parent’s post, How to tell kids about divorce: An age-by-age guide.

Your ability to maintain a united parent front, regardless of how separate or fragmented your relationship is, makes a tremendous difference in your children’s sense of trust and stability.

Practice healthy communication strategies

Your ability to co-parent absolutely rests on a foundation of healthy communication. However, using healthy communication strategies with your children is also important. Depending on your child’s age and feelings about the situation, the latter may be harder than you think.

Children experience hurt, anger, and blame, and they are apt to vent that right onto you. Again, a good family therapist can be a godsend. However, be prepared to remain calm and non-reactive if your children:

  • Blame you for the divorce.
  • Seem sullen and angry.
  • Say hurtful things to you, like “No wonder dad/mom wanted a divorce. I wouldn’t want to be married to you either.”
  • Continue processing the divorce for years afterward as their age/awareness brings up new feelings or awarenesses.

The best thing you can do is continue encouraging them to be honest (albeit respectful – you don’t have to become a whipping post by any means!) about their feelings.

  • Help them put words to their complicated thoughts and emotions.
  • Reassure them that nothing about the divorce is their fault.
  • Do bring your ex-spouse into the equation (scheduling a family meeting if necessary) if you suspect manipulation or one-sided information is coming to the table so that everything remains transparent between households. When your kids see that they can’t play one side against the other, they stop trying.
  • Avoid the tendency to “fix.” There is nothing that can be fixed, so just being present with their emotions, validating that they’re normal and expected, and just listening is the best thing you can do.

Focus on stability between households (more than exact routines)

The reality is that there are two separate households now, and they cannot possibly be “the same.” So, the goal of the co-parenting agreement should be to establish some core values/rules/consistency that provide stability – but that honor the reality of a two-household family.

Areas we recommend prioritizing consistency:

  • Bedtimes/wake times (especially for school days).
  • Tech time/screen time limits.
  • Natural outcomes for certain actions so that consequences are fairly standard between households.
  • Protocols for hanging out with friends/sleepovers, etc. (like needing 24-hour notice, or communicating with the friend’s parents ahead of time, ensuring each parent knows when a child will be staying elsewhere, and so on).

Resist spoiling a child, being more of a friend than a parent, or the urge to “win” when it comes to who’s the better parent or has the better household. These temptations do far more harm than good, and there is ample research to support that.

Gerard A. Falzone Helps You Prepare Your Children For Divorce

We understand that most parents prefer to scaffold a divorce that does the least amount of harm to their children. However, the more stressful and emotional things become, the harder this can be. 

The Law Offices of Gerard A. Falzone have always prioritized divorces that utilize mediation or collaborative divorce methods to help parents and children create a healthy road ahead. Contact us to schedule a consultation and to begin finding healthy ways to prepare your children for divorce.

What Are The Most Common Times Of Year People Get Divorced?

what are the most common times of year people get divorced

You may have heard that January is dubbed “Divorce Month.” However, while the post-holiday season may be a time when people seriously consider divorce, March, August, and September are the months when the most divorces are filed in California.

There are several reasons for this, which we discuss below. We’ll also dig into some of the most common reasons why people divorce and what marital years tend to be the most stressful, which can also lead to filing a divorce.

Spring & Fall Are California’s Divorce Seasons

While January may be a popular month for couples to seek divorce mediation or counseling, they don’t usually file until around March. This is when we see record highs for divorce filings, which also seem to surge around August and September.

Top Reasons People Get Divorced In March & August/September

Concentrated time together is a trigger, as evidenced by the pandemic years, which spanned 2020 – 2022. Divorce proceedings took place at record numbers during those years for the same reasons couples are more likely to file for a divorce during spring and late summer to early fall.

Concentrated time together brings issues to a head

People are busy, and children have never participated in so many extracurricular activities as they do now. With most households containing two working parents and busy kids, there isn’t a whole lot of concentrated family time and even less concentrated “couple time.” As a result, it’s easier for couples to shove their issues under the rug or to just feel too busy to do anything about their problems.

The holidays bring about more time off, and this downtime allows couples to experience just how strained their marriage really is. Other factors also come to a head around the holiday season, forcing the hand. 

Some of these include differences around:

By the time couples determine they want to proceed with the divorce, it’s March—and family law professionals refer to this as “The January Effect.”

Summertime has the same effect. As couples take time off for both vacations and staycations, the fact they feel tense, irritated, or angry with one another becomes impossible to hide. One or the other is bound to announce they want a divorce. Thus, we see the same type of January Effect, but it takes place in August and September.

It’s the start of a brand-new year

January brings the start of a new year, and many people take this opportunity to clear out the old and make new resolutions for a better life. If they’ve been struggling to make their marriage work, moving forward with a divorce may become one or the other’s New Year’s resolution. 

The Institute of Family Studies reports that before about 15 to 20 years of marriage, 25% of all married people think about getting a divorce at one time or another. Of these, about half have thought about getting a divorce for about a year, and roughly 5% say they consider their marriage 100% over – with no chance of being saved.

It’s these chronic divorce thinkers who are most likely to use a new year to catalyze moving into a legitimate separation or divorce.

A change in schools may be part of the divorce

We mentioned that all that summer break together can catalyze the August and September divorcees. But, there may be another reason that’s more linked to the kids. 

If the summertime stretch was too much for a fragile marriage to hangle, upcoming changes might mean a change in schools or districts for the kids. While this can be tricky, parents who are planning a move that would affect school zones or transportation. Filing in August or September, just at the start of a new school year, can legitimize the need for the transfer or new enrollment.

Biggest Factors That Lead To Divorce

Couples may decide to get divorced at any point in their marriage. However, certain periods of a marriage are considered “higher risk” when it comes to divorce. These include:

  • The first two years of marriage.
  • Years five through eight (often described as “the seven-year itch.”
  • After the children grow up and move out of the house.

While there are exceptions, most divorces are caused by tensions or irreconcilable differences around:

Lack of connection or intimacy

Most couples can work through “the doldrums,” or a period of time when there’s no breeze in the relationship. One or both partners may feel neglected emotionally or physically. While this is very common during the childbearing years, it can happen at any point in a marriage. 

We highly recommend all couples considering a divorce pursue individual and couples therapy with a therapist you both like and trust. Divorce is often avoided when both people are willing to put down their armor and openly communicate. 

Fidelity (or monogamy)

This is a very challenging thing for a monogamous person to get over. Again, marriage therapy can be invaluable here. Regardless of what you decide to do, remember that adult business should always be kept separate from co-parenting business. Children fare best emotionally and mentally when parents can rise above and use healthy co-parenting practices.

Financial beliefs or practices

Money is a major subject of marital arguments. If someone is out of work or the household has financial struggles, arguments are more common. The same is true if one person spends more money than the other. 

For a marriage to survive, both partners must have shared goals for their future together. By default, this means they must be united in their financial goals/management strategies. 

Plans for the future

While this may crop up in the first ten years or so, especially if one person wants children and the other decides they don’t, differences around future plans are a common root of “gray divorces.”

Gray divorces describe a divorce in couples 50+ who have been married for decades. Typically, the above three causes are factors. However, differences in how to spend their retirement can cause significant rifts in what was formerly a seemingly solid partnership. One or the other partner may also desire to get divorced after raising the family because they never really wanted to be married – or married to their spouse – in the first place.

The reason(s) you got married

Sometimes divorces happen because one or the other partner finally acknowledges they never wanted to get married in the first place. This happens for a number of reasons. In some cases, a pregnancy is involved. For others, marriage may happen to please parents or to conform to societal norms. 

Regardless, saving a marriage founded on a false or misaligned foundation can be very challenging or impossible.

Schedule Divorce Mediation At The Law Offices of Gerard A. Falzone

As we head into the fall, we’re noticing an increase in requests for divorce mediation, which is a more neutral, less stressful, and more affordable way to pursue a divorce in California. Couples who use mediation not only save thousands (or tens of thousands) of dollars in legal fees, but they also get through the process with far less overall emotionally damaging fallout for themselves and their children.

Contact The Law Offices of Gerard A. Falzone to start learning more about divorce mediation. I’ve helped individuals and couples move smoothly and efficiently through the challenges of divorcing for more than 40 years. Let’s have a conversation and see whether I’m a good fit for your situation.

What Is A Child Custody Modification?

what is a child custody modificationIf you got divorced with children, you probably have a legal child custody and visitation (parenting time) agreement. This legally binding document typically includes information about child support payments, the division of custody between parents (50/50, 70/30, 80/20, etc.), how vacations and holidays will be spent, and so on. However, life does not usually follow a straight path. 

The California family law courts recognize that variations of this agreement are likely from time to time, and you can make small or temporary changes to your child custody schedule (like trading weekends, adding/subtracting time due to schedule changes, etc.) via written agreement (emails or texts are the best way to have a traceable record). 

However, any consistent changes in the custody/visitation agreement should be redrafted through the courts to keep things streamlined.

Child Custody Modifications: When Do You Need One?

Child custody modifications can be made anytime as long as you complete the necessary court document (FL 300) and pay the associated court fees. Usually, a request for modification costs $100 or less, assuming the other parent is in agreement and no additional court time or weighing in from a judge is required. 

Here are some of the most common examples of when parents request a child custody modification:

There is a change in circumstances OR the “best interest of the child”

First and foremost, you’d only file child custody modifications in situations where there is a specific and notable change in a parent’s/child’s circumstances and/or the changes are inarguably in “the best interest of the child.”

The purpose of child custody agreements is to create the most stable parenting and home life for the child(ren) in question. So, this isn’t something that should be altered on a whim. That said, if things have shifted significantly enough in either of the parents’ lives – or the proposed shift would benefit the child’s well-being, a child support modification is a wise way to reset the co-parenting routine.

Income status has changed enough to alter child support payments

Child support payments are not quite set in stone – but close to it. The state of CA uses a Guideline Calculator that you can use online to get accurate estimates for child support payments. Both parents are legally required to supply each other with the relevant financial information requested by the form. 

In our experience, the results produced by this calculator are typically upheld by a judge unless extenuating circumstances sway the judge’s decision.

This calculator should be used any time either party experiences a notable, long-term shift in income – be it higher or lower – as it alters the payment amounts. You do not need to go back to court to make this adjustment if you can come to an agreement based on the new figures (but you should have an email or signed letter that states the new payment terms, and that is signed by the other parent in case it’s needed down the road.

However, if you want to decrease child support payments, or you feel you should receive more, and the other parent doesn’t agree, you’ll need to file a child custody modification for the court to decide.

Significantly altering parenting time

If changes in one or the other parent’s schedule – or the child’s needs – affect parenting time, that’s an automatic child custody modification. Some of the most common causes for changing how much time a child spends with each parent may be due to:

  • Changes in a parent’s work schedule.
  • Relocation to an area outside of a reasonable commute between homes.
  • Moving or relocating to a new school district (depending on the age and wishes of the child, this might give the local parent reason to increase physical custody parameters). 
  • A child’s wishes (the older a child is, the more say they may have in where they spend their time and why – especially during the teen years and only if the court feels it’s truly in their best interest).
  • Situational developments that alter where it’s best for the child to spend time.

So, while you don’t need to file legal child custody modification requests for a change both parents agree on that keeps things reasonably balanced, you should pursue one if the change significantly alters the current terms.

There’s a history of combative or drama in the parenting relationship

As child custody mediators, we strive to create divorce and child custody agreements that minimize combativeness, drama, and stress. That said, some relationships and personalities are more complicated than others. 

If there is a history of competitiveness, drama, etc., then we recommend filing legal custody modifications if any changes are long-term or more than just the occasional later arrival or swapping weekends for a specific event. The legally binding agreement is irrefutable and protects the parent who files it – and the children – from unnecessary back-and-forthing or legal threats.

The child’s safety or well-being is at risk

In most cases, if you feel your child’s safety or well-being is at risk, you would bypass the FL-300 form and file an emergency child custody order instead. A standard modification goes through the normal court pipeline and may not result in a hearing/judgment for four to six weeks or more. That is not the route you want to take if you are worried for your child’s physical or emotional health.

An emergency custody order is fast-tracked and ensures you’ll hear back from the courts within about 48 to 72 hours or less and will have a hearing/judgment within 10 business days. 

Emergency custody orders are used when:

  • The child is a victim of physical or mental/emotional abuse.
  • They have witnessed domestic abuse in a home OR a member of that household has been charged with abuse.
  • Your child shows signs of neglect or reports being homeless, foodless, drug use in the home, etc.
  • A parent threatens to take away or withhold parenting time or visitation.
  • There is a suspected kidnapping risk.
  • A parent is refusing to provide/approve a lifesaving or related medical procedure.

It is wise to seek the support of a family law specialist whenever you pursue traditional or emergency modifications to a child custody and visitation order.

The Law Offices of Gerard A. Falzone Facilitates Stress-Free Modifications To Child Custody

For more than 40 years, the Law Offices of Gerard Falzone have supported Bay Area couples do what’s necessary to complete divorce and child custody proceedings while supporting everyone’s well-being. Using child custody mediation to complete modifications to a child custody agreement is the best way to put your child’s best interests at the forefront, minimizing antagonizing or painful emotional complications.

Contact us to schedule a consultation and learn more about how to create child custody modifications that work today and into the future, helping to scaffold healthy co-parenting communication and relationships for the future.

When Do You Need A Paternity Lawyer?

when do you need a paternity lawyer

California has very clear laws about parental responsibilities, including child support, for biological or adopted children. A family law or paternity attorney is always recommended if: 

  • Someone claims you are the father of a child, but you don’t believe you are.
  • You suspect you are the father, and the mother is denying your parental rights.
  • Your relationship with the child(ren)’s mother is contentious or combative, and you want to set clear guidelines and legally binding agreements in the future.

Benefits Of Hiring A Family Law Attorney Or Paternity Lawyer

The longer you wait to hire a family lawyer and resolve any potential paternity conflicts, the better. Here are some of the many benefits of hiring a paternity lawyer for professional and objective support.

Support your child’s emotional well-being

First and foremost, creating a clear path to establishing paternity (or the lack thereof) is essential to your child’s emotional well-being. In most cases, paternity cases occur when the child is in the first one to two years of life. Even so, children are significantly impacted by any anger, drama, strain, or tension between the adults in their lives. 

In some cases, this may mean that you are out of the loop because the paternity test proved you were not the father. In other cases, we’ll help you move forward by honoring your legal and emotional obligations for a healthy relationship with your child. If you find out you are the father of an older child, consider working with a family therapist to help you bond and work through challenging emotions as they arise.

Use child custody mediation instead of a trial

Child custody battles are costly on every front: financially, energetically, and emotionally. They should be avoided if at all possible. Pursuing child custody mediation is a very affordable way for you and the child’s other parent to navigate all of the current decisions – and to help you both create longer-term co-parenting agreements (See #5) in a calm, straightforward way. Plus, working with a mediator can save you thousands of dollars.

Working with a neutral, third-party family law mediator ensures you both have all of the information you need, along with experienced insight into how a judge would likely decide things in the courtroom. Thus, you can navigate the child support, custody, visitation, and other legal agreements as efficiently and drama-free as possible.

Get clear and current with financial child support responsibilities

California family law courts take a very black-and-white approach when it comes to child custody. If you are the father – whether you knew about it or not – you are responsible for child support payments. Period. 

This includes back payment for the time between when the child was born and the present. You should know that back child support payments in CA are charged at 10% interest by the state, and that is payable to the custodial parent. Not clarifying what you owe and how to pay it is one of the biggest child support mistakes you can make.

Time is of the essence here. With the support of a paternity attorney, we can work with you to complete the CA child support calculator (and legally obtain the other parent’s financial records if they’re not cooperating) so you can begin taking care of your financial responsibility.

In cases where fathers find out months or even years later that they are fathers, a timely response yields a more favorable view from the judges. This can help you when it’s time to craft child custody and visitation schedules. 

Create legal child custody and visitation agreements

The courts are very supportive of both parents having ample time with their children, whether they were married or in a relationship with the other parent or not. Having legal child custody agreements and visitation schedules is essential. It creates the scaffold for predictability, consistency, and routine for the child. Of course, life happens and there may be variances that are agreed upon (always get them in writing via email or text record) but that court schedule should serve as the foundation for collaborative co-parenting.

NOTE: If you feel the safety of the child is in question as the result of physical, emotional, or verbal abuse OR due to substance abuse/mental health issues, your family law or paternity lawyer can also help you file an emergency child custody order to protect your child’s best interests.

Set the stage for positive (or at least neutral) co-parenting

It’s not easy co-parenting with another adult, especially as the adults move on with their lives. However, all of the studies prove that adults who can rise above the conflicts/tension, focusing on the child’s well-being and smooth co-parenting exponentially benefit their child.

Children with parents who get along or at least cooperate around their child’s lives:

  • Do better in school.
  • Have reduced risks of depression, anxiety, or behavioral issues.
  • Form healthier and more stable relationships with their peers.
  • Sleep better.
  • Are more confident and have a better sense of self.
  • Never feel torn between being loyal or protective of either parent.

Your paternity attorney can help you work with the child’s other parent to create co-parenting agreements that outline the preferred methods of communication, child support payments, vacation notice, etc.

The Law Offices of Gerard A. Falzone Can Support Your Paternity Process

Contact the law office of Gerard A. Falzone to learn more about how we can support you as you establish paternity and begin navigating the legal paperwork and filing associated with child support, custody, and visitation. We’ve spent the last 40 years helping Bay Area parents create co-parenting plans that support everyone’s well-being without the drama and trauma typically associated with these types of scenarios.

What Is Supervised Visitation?

what is supervised visitationMost people think about child custody and visitation schedules as every other weekend, alternating holidays, or the division of school vacation times. However, there is another version of the child custody agreement where one parent has sole physical custody of a child while the other parent is granted supervised visits.

Family Law Expert Explains Child Custody & Supervised Visitation

Supervised visits can take place in a variety of locations, but they are limited in time and require that a neutral third party be present while the non-custodial parent is present (more on that below). They are typically ordered in child custody cases where the non-custodial parent’s “fitness” is questionable or has conditional stipulations.

When To Seek Supervised Visits

Judges are most likely to order supervised child visits when:

  • The parent has a known substance abuse issue.
  • There are allegations/history of domestic violence or child abuse.
  • There are allegations or a history of domestic violence.
  • The court believes there is a child abduction risk.
  • There is a history of unmanaged mental illness that compromises their ability to parent safely.
  • The parent is guilty of child neglect (which can include an extended absence of the parent from a child’s life, in which case the court grants supervised visits for a specific length of time to help the child feel safer in the parent’s presence).
  • Any reason a judge feels could pose a threat to the child during unsupervised visits.

Keep in mind that you cannot keep your child away from a parent because you feel they are dangerous. If that is the case, it’s essential that you contact your county family law courts or a reputable family attorney to file an emergency child custody and visitation order.

Who Qualifies As A Neutral Provider During Supervised Visitation Sessions?

California’s family law courts are very flexible about who is designated as the “neutral” provider who supervises the visit, but specific conditions must be met. If those aren’t met by someone you or the child knows, the court assigns a social worker, and their reasonable fee is paid for by the non-custodial parent (free and low-cost options are available for income-qualifying parents).

If the court orders supervised child visits, you can decide whether you have a qualifying non-professional provider willing to do the job (this is often more comfortable for the child) or whether a professional provider would be best.

The role of the neutral supervisor is to:

  • Make safety their top priority during the visit or exchange.
  • Speak the same language as the parents and child.
  • Be neutral  
  • Be comfortable following the judge’s order.
  • Feel comfortable ending a visit if needed.

They also agree to:

  • Be present at all times during the visit.
  • Listen to what is being said. 
  • Pay close attention to the child’s behavior. 
  • Report any suspected child abuse. 
  • Feel comfortable interrupting or ending the visit if they have concerns.

Because nonprofessional providers don’t have the same training as professionals, we don’t recommend using one if you believe your child is in physical danger or could be abducted during a visit – even with the neutral provider present. In that case, a professional provider is a better option.

Nonprofessional providers

Non-professional providers can be any trusted family member or friend who:

  • Is over 18 years of age.
  • Has NO record of child abuse, molestation, or any crime against another person.
  • Has not been on parole or probation for the past 10 years.
  • Has reviewed the child custody agreement and understands the responsibility and how to carry out their role.
  • Does not create any antagonism, negative engagement, confrontation, or angst toward the child’s non-custodial parent.
  • Must complete Form FL-324(NLP) and return it to the custodial parent to file with the court.

They should also read and familiarize themselves with the CA court’s Guide For Non-Professional Providers, which has a wealth of helpful information. 

Professional Providers 

If a suitable nonprofessional option is unavailable, the judge can assign a professional provider. These providers have been trained for the task and know how to handle sticky or potentially dangerous situations. 

Professional providers may require payment if the non-custodial parent doesn’t qualify for free or low-cost options. 

How Long Are Supervised Visits With Children?

The length of visits varies depending on:

  • The age of the child.
  • Work/school schedules.
  • Availability of the provider.

In addition to the child’s comfort, safety, and well-being, parents should always focus on quality over quantity. It’s much better to schedule shorter visits filled with fun bonding activities than to plan a longer visit where a child grows bored, restless, or anxious. These visits are all about building trust and strong, loving relationships

When Can More Traditional Unsupervised Visitation Begin?

There’s no easy answer to this question and the court is the ultimate deciding factor here.

Sometimes, the court stipulates specific conditions that must be met by the non-custodial parent, after which unsupervised visitation commences. This is very common in situations where addiction or substance abuse is the most concerning factor. Once the parent has completed things like rehab, established a sponsor, and regularly attends a sobriety program (like AA or NA), they may automatically resume a pre-determined visitation schedule assigned by the court.

In other cases, the non-custodial parent may have to petition the court to request changes to the child custody agreement. Again, they are responsible for proving to the court that they are fit enough to have unsupervised visits or to have more traditional, extended visits with their child.

Use Child Mediation To Avoid Scenarios Leading To Supervised Child Visitation

A history of domestic abuse or child endangerment is one thing, but sometimes, it is the toxicity between divorcing adults that leads to a temporary supervised visitation schedule. And, while it might seem like vindictive punishment to the parent who’s lost custody, it’s more harmful to the child or children who are stripped of yet another element that brought them a sense of security and stability in their lives.

The more couples can do to prioritize their children’s mental and emotional health, including using divorce mediation or collaborative divorce options, the less likely one or the other is to make rash decisions that lead to unhealthy outcomes for the children and family. 

The Law Offices of Gerard A. Falzone are committed to keeping divorces as straightforward as possible, minimizing toxic contention, stress, and drama. Contact us to learn more about how we help Bay Area couples get through their divorces while prioritizing everyone’s well-being.

Therapy Before A Divorce: Beyond Saving The Marriage

therapy before a divorce beyond saving the marriageDivorce is never an easy path, but working with an experienced therapist can certainly ease the way forward into a healthy and more sustainable relational life. 

The combination of family therapy before and during a divorce, along with the skilled facilitation of a divorce mediator, can truly transform the way both parties move through the divorce proceedings.

5 Reasons To Seek Therapy Before A Divorce

People often assume that seeing a therapist before a divorce is about saving the marriage. While this may—and can—be true from time to time, most individuals or couples are sure about their decision by the time they file for divorce.

Even so, I always recommend that they visit a therapist of some kind before, during, and immediately after the proceedings. Here’s why:

Facilitate the smoothest way forward

Nobody benefits from a contentious divorce. In addition to being incredibly expensive, drawn-out divorces, which are often more about ego than they are about finding the fairest way to separate and begin a new life, are hard on everyone.

Your therapist can help you both process individual emotions – including anger, stress, betrayal, stress, etc. – while also helping you both learn to communicate respectfully and decide the best way forward with the least amount of time, energy, and money wasted.

Ensure your children have the support they need

Children are innocent bystanders in a divorce. The statistics are very clear that children whose parents are divorced are at higher risk for depression, anxiety, lack of self-esteem, and trouble in the classroom

Most therapists will tell you that it takes at least four sessions for most clients (of any age) to be comfortable sharing the good, the bad, and the embarrassing with them. One or two sessions are not enough to determine how your child is faring, especially if your child is more introverted by nature or is in the tween/teen phase. By continuing to see a therapist week after week, you allow your child to slowly build trust and rapport with the therapist. Over time, children will feel more comfortable sharing how they are genuinely doing, which can provide invaluable insight into how to continue moving forward as a co-parenting family (more on that next).

The ramifications of divorce last for years. While this doesn’t mean your child needs to be in therapy for years, longer is better than shorter when it comes to children feeling comfortable expressing their feelings and finding the personalized tools that help them process intense emotions as they come up.

Parents benefit from therapy too

I recommend seeing the same therapist individually and with your child (from time to time). The better the therapist gets a feel for each family member and hears their story, the better they can help your family in the long run when it comes to problem-solving and co-parenting agreements – as well as how to handle big family issues when they come up.

Establish healthy co-parenting from the start with therapy before a divorce

Even if you live in the same house during the divorce, co-parenting begins as soon as the divorce is officially in motion. Cooperative co-parenting and communication are essential to your children’s resilience and well-being. 

The research is clear that children thrive faster and with greater confidence when their divorced parents:

  • Never badmouth one another to the children.
  • Resist the urge to be “the better parent” and encourage their child’s relationship with the other parent.
  • Adhere to the co-parenting and family agreements.
  • Accept that parenting styles may be different and focus on the shared agreements instead.
  • Be flexible within reason; your child custody/visitation agreement is a guide, but important and unexpected events are part of life. 
  • Do your best to support your ex’s future partners so your children can feel more at home in their presence. This is not a competition.

I could go on and on, but these, as well as other tenets of good parenting and co-parenting, are all part of what your family therapist will help you iron out and uphold.

Remember, co-parenting agreements are living documents that evolve and change with the situation. Your therapist will be there for you as needed through the coming years of raising children and young adults together.

Your personal well-being 

You know the adage about “putting your oxygen mask on first” before helping someone else. The more depleted, drained, stressed, or angry you are, the harder it will be for you to take the high road during the divorce and afterward. 

Keep in mind that although “your divorce may be over,” there is far more to it than that. There is plenty to do after a divorce is finalized in terms of separating the accounts, rebuilding a home and routine, and honoring all of the things stated in the divorce agreement. In the meantime, you’ll be working through the grief associated with the end of the marriage and the family unit you’ve built together. 

By taking care of yourself and working with a trusted therapist, you’ll learn how to work through the powerful emotions that are guaranteed to arise from time to time in a functional way that doesn’t harm your children. 

The Law Offices of Gerard A. Falzone Support Mediated & Collaborative Divorce

Divorces don’t have to be the dark, contentious, and dramatic horror shows modeled for us by television and the modern media. Using divorce mediation and collaborative divorce models, the Law Offices of Gerard A. Falzone have provided safe and comfortable spaces for both parties to review the facts and where legal disputes can be discussed – and hopefully resolved – to both parties’ satisfaction. 

I can also provide referrals to some of the area’s most admired family therapists, who can partner with you further to keep everyone as emotionally whole as possible through this challenging time. Contact my office to schedule a consultation and learn more about how I can help with therapy before a divorce.

What Is A Divorce Decree?

what is a divorce decree

A marriage begins with the filing of a marriage license. In the sad event that you or your spouse choose to end the marriage, the legal union is dissolved via a divorce decree.

There are typically four significant stages in a couple’s divorce process. The first begins when one or both parties decide to proceed with a divorce. This usually leads to conversations ranging from very heated and tense to business-like and sad. The second and third stages include mediation with a family law facilitator or official court proceedings and filing the finalized divorce papers. 

After six months, if neither party contests the initial filing, the courts stamp the documents filed, and the divorce is finalized. Your receipt of the official divorce decree finalizes the third stage and launches you into the fourth – when you, your former spouse, and any children you have adjusted to the new life ahead

Included In The Divorce Decree

The papers you or your lawyer file to begin the court’s review of the divorce are the same ones you’ll get back with the official court stamp. Every divorce decree is different in some ways because no two couples or families are alike. 

However, the typical divorce decree includes the finalized agreements on how everything should proceed – from the closing of joint bank accounts and paying off certain debts to child visitation and support payments. Here are some of the most typical forms included in the final divorce decree packet.

Summary of dissolution & judgment of dissolution and notice of entry of judgment

The first form is the one you or your spouse fill out to file the request for a divorce. Because California is a no-fault divorce state, you’re guaranteed the divorce will be finalized six months after you file as long as all of the paperwork is 100% correct. 

This is why we always recommend working with a family law mediator – even in a no-conflict divorce. It’s the only way to know everything will be completed and filed without the risk of anything being kicked back by the court for a small error. When that happens, you have to complete and submit the forms all over again, which re-starts the clock.

NOTE: Do not panic if your spouse refuses to sign the paperwork in the 30-day time frame specified by the court. If this happens, you show up for your court date as stated by the court and the divorce, and the court will accept all agreements stated in the paperwork you completed. Your spouse cannot contest anything in the divorce agreement after waiving their right to respond in 30 days.

Spousal support (FL-167

Depending on your marriage’s employment history, income, and other factors, one of you may have to pay spousal support (formerly known as alimony). This is a temporary situation in most cases, barring any prenuptial agreements that state otherwise.

The courts no longer expect one spouse to support the other for any longer than necessary. So, while alimony of the past was often for a lifetime, until remarrying, or for ten years, the courts now expect the person receiving spousal support to do whatever is necessary to obtain gainful employment, at which point those payments stop.

If you have to pay alimony, you can petition the court to change or cease payments at any time if you feel your ex-spouse’s financial situation is healthy enough for them to live without your assistance.

Child custody (visitation and support)

If you have children together, you’ll file forms pertaining to child custody (visitation and relevant support). We highly recommend couples with children use divorce mediation rather than finalizing a DIY or lawyer-facilitated divorce. There are multiple benefits of using divorce and child custody mediation – the largest of which is the reduced tension and drama. 

Children suffer greatly during and after a divorce so the more you can do to make this part as smooth, fair, and amicable as possible, the better it is for your children’s mental and emotional wellbeing.

Name change

For many, a divorce may be a time they wish to change their name back to whatever it was before the marriage. This can be done as part of the divorce proceedings – finalized in the divorce decree – as long as you fill out the legal name change portion of the forms.

Final decisions and instructions regarding property and asset division

Finally, a divorce technically means some type of distribution of properties and assets. This part is fairly straightforward because California is a community property state. Things to think about when discussing “who gets what” include considerations around:

  • Existing prenuptial agreements.
  • Do you own your own business?
  • Properties, assets, or other items of value acquired during the divorce as inheritances (which are separate from community property).
  • Is one person buying out the other’s share of the house to keep it, or is the house being sold to pay off joint debts, splitting the remaining equity?
  • Is it worth it to forgo a portion or all of a spouse’s retirement fund to gain a different asset or account?
  • Other financial considerations that should be addressed now to simplify post-divorce life.

Finally, are there any debts or assets your spouse doesn’t know about? If so, it’s time to come clean, as the court does not favor those who hide assets during legal proceedings. You can wind up facing serious penalties. 

Make Copies Of The Divorce Decree To Finalize Post-Judgment Transactions

Once the divorce is finalized, you and your ex-spouse must complete all of the necessary transactions outlined in the divorce decree within a set amount of time. In many cases, like name changes, property/title transfers, closing/accessing accounts, etc., you must provide a certified copy of the divorce decree. You can request certified copies of a divorce decree from the county clerk’s office in the county where the divorce was finalized.

Make a checklist of the items you’re responsible for and then tick through them as soon as possible to facilitate a clean break and a fresh new start.

Gerard A. Falzone Prioritizes Divorce Mediation To Facilitate Drama-Free Divorces

There is no need for drama, chaos, or unnecessarily long (and expensive) divorce proceedings. Connect with the Law Offices of Gerard A. Falzone to learn more about how you can get your official divorce decree finalized with a minimum investment and optimum integrity.

How To Tell Your Spouse You Want A Divorce

how to tell your spouse you want a divorce

The moment you officially tell your spouse you want a divorce, and the aftermath of that conversation can never be completely undone; even if you change your mind, it’s a freeze-frame experience you’ll remember for the rest of your lives. 

If you have children, the energy and words exchanged during and after that conversation must be thoughtfully planned, as children are unwilling bystanders to an emotionally devastating change in their reality. How you approach the communication process – before, during, and after the initial announcement – can make the difference between an affordable, streamlined, and less stressful divorce – and one filled with drama, emotional harm, and lasting financial consequences.

6 Steps To Telling Someone You Want A Divorce & Simplifying The Process

After 40 years working as a family law expert specializing in divorce and child custody mediation, I believe how you tell your spouse you want a divorce is a key predictor of how the rest of the process will unfold. 

Here are six steps I advise for anyone considering or tottering over the fence around divorce.

Be very clear and 100% sure before you breathe a word

The words “I want a divorce” are weapons, and they trigger a myriad of powerful emotions and experiences for anyone who hears them – including your children. I recommend never uttering this sentiment unless you are 100% sure you want to proceed with a divorce and have a semblance of a plan in place. 

Outside of more extreme situations (unmitigated domestic abuse, addiction, unmanaged mental illness, etc.), couples can overcome and grow through incredibly challenging periods – often lasting for years – when they can let go of their personal agendas and utilize their resources. 

Ensure you’ve tried EVERYTHING:

  • Is there identity work that needs to happen now that you’re in a different stage of life/relationship/family building/etc? Growing pains, rather than irreconcilable differences, can be deviously misleading. If so, giving each other permission to grow with a commitment to redefine the relationship and how you view one another can be powerfully freeing. A good therapist can help tremendously with those new agreements.
  • Seeing a reputable family therapist you both like and trust (this can take a while to find, but is worth seeking).
  • Review your prenuptial agreement with a family law professional. 
  • Made a list of what life will look like before/after a divorce – including the pros and cons for everyone involved.
  • Realizing that while the grass may not always be greener, there is no perfect person. The traits that drive us the craziest in our spouse will rear up in other ways in future relationships.

If you have no doubt this is the right move, it’s time to proceed with respect and dignity for both parties.

Decide whether a legal separation may be a good first step

The idea behind legal separation allows couples to experience what divorced life is like without the realities of divorce in play. They involve all the same features of a divorce – division of finances, living arrangements, child custody/visitation orders, child or spousal support if applicable, and so on. 

For many, this experience is a huge wake-up call, and couples find their way back to a healed and new “whole.” Others learn that separation has supported a higher-quality life for everyone and is the healthier way to proceed.

Think long and hard about your children’s needs

Children are the priority in any divorce. Perhaps it’s true that – overall – children fare better with parents who are happy and divorced than miserable and married. However, after working with hundreds of families over the years and redrafting child custody/visitation orders as needed, I can say that children are always haunted by their parent’s divorce, no matter how “good” or “bad” things were.

If you have opted to forgo therapy for yourselves, I highly advise getting family therapy for your children (again, focusing on one you all like and trust). The therapist can support your children’s emotional well-being while supporting both of you in maintaining healthy co-parenting boundaries and communication.

Review all of your divorce options

The media would have you believe that every divorce is contentious and turns into a court battle. This is only true for individuals and couples who are poorly advised by their divorce lawyers OR who don’t heed their lawyers’ advice.

These days, most people prefer to use divorce mediation or a collaborative divorce proceeding. Either way, you’ll experience far less stress, emotional upheaval, and financial drain than if you go the old-school “me vs. you” divorce battle.

Divorce mediation

With the divorce mediation model, you visit the same family law attorney together (and separately) to process your divorce fairly and equitably. This saves you thousands (or tens of thousands) of dollars while also providing a neutral opinion on your situation. So, let’s say you believe your spouse owes you spousal support and they refuse to pay, or you want to take the entirety of a particular investment or asset rather than split it. Anything you tell the mediator will be shared with the other party (and vice versa) as the mediator works with both of you and holds an informed but neutral position.

A divorce mediator will let you know what a judge is most likely to rule in that case, and you can decide from there whether it’s worth a battle or not. Research proves that mediated (or collaborative) divorces are much healthier for all parties involved.

Collaborative divorce

With the collaborative divorce model, each of you hires a lawyer to feel personally represented (rather than neutrally represented), but the lawyers work with you both to come to the most equitable outcome in the least amount of time, minimizing the emotional fall-out. The lawyers are not required to share your information with the other side, but they are not interested in contributing to escalation or drama – quite the opposite. If this model appeals, you’ll look for lawyers specializing in collaborative divorces.

Set aside a clear space without the children around

You owe it to your spouse, yourself, and your children to have this conversation in a private and uninterruptible space. The calendar should be completely clear, with nowhere to go. Turn off any phones and gadgets to avoid interruptions.

If necessary, you may choose to have this final discussion in your therapist’s office or have a therapy session scheduled ASAP afterward to process what happened and keep a bigger picture and calm perspective on what is transpiring. 

Be calm and compassionate

Regardless of the water under the bridge, telling a spouse you want a divorce is a powerful and sad moment for your spouse – and you! Some people harden their hearts and are unkind in an effort to seem “in control” or “unaffected.” I don’t recommend that approach.

Perhaps you will both be far better off after your divorce. However, at this moment, you’re initiating the death of a dream, a marriage you got into “forever,” and – if you have children – the death of your children’s security in a nuclear family. If your spouse never thought this moment would come, they may be absolutely shocked or devastated – especially if their lives and identities are largely tied to their role in the family.

This conversation should not be filled with anger, resentment, or malice. It should be calm, compassionate, and tender. If things escalate, hold a strong boundary that you must stop the conversation and return to the table when you’re both calmer.

Schedule Divorce Mediation With The Law Offices Of Gerard A. Falzone

After a few years spent in contentious court battles, it was clear that divorce mediation and collaboration were the only ways for couples to divorce with the least amount of emotional fall-out for themselves and their families. I excel at helping couples process their own experience while working together to develop the best divorce settlements and child custody agreements for all involved.

Contact The Law Offices of Gerard A. Falzone to learn more about your divorce options and for more guidance on how to tell your spouse you want a divorce. 

Creating A Custody Schedule

creating a custody scheduleCreating a child custody schedule isn’t always easy. Multiple factors should be considered, but the child’s well-being should always be the priority.  

4 Steps To Creating A Child Custody Schedule That Works

Unfortunately, although understandably, money is a driving force in child custody schedules because parents who have the kids less typically pay more. We understand this. However, the continuous transitions forced on a child due to household changes, schedules, rules, boundaries, etc., can cause emotional and academic challenges.

Remember: Child custody agreements are legally binding but can be negotiated multiple times until your children turn 18, depending on their needs. 

Consider working with a divorce and family law mediator who can help you create child custody and co-parenting agreements, which can minimize contention between the two of you.

Here are some helpful suggestions for creating a child custody schedule that works for your family.

Schedule sessions with a child/family therapist

We highly recommend working with a Bay Area family therapist to determine a schedule that would work best for your children based on their ages, needs, and personalities. For example, some client families exchange children every two days or so, and others alternate weeks. Older children may like rotations every two weeks as it gives them time to land in one home for longer, minimizing transitions. We’ve even had a client whose daughter spent six months in one house and six in the other because she couldn’t stand going back and forth more than that. Parents should always be willing to work with their children’s needs. 

We understand that it’s difficult to be away from your child. However, video apps, texts, phone calls, etc., make it possible to connect with children in a very personal way as much as you like. Children of divorce are at higher risk for emotional issues, depression, anxiety, and academic struggles. If keeping your child at one house more than another is easier on them, it might be the best way to handle things for now, even if it’s harder on you for a bit.

Consider the children’s ages and needs

The website Custody Xchange has a page dedicated to age-based guidelines for parenting plans and schedules based on research findings. One of our other favorite things about their page is that they highlight children’s physical, emotional, and boundary-based needs by age, which can help you create a co-parenting plan that always honors a “children first” mentality.

PRIORITIZE HEALTH COPARENTING: No matter what led you to a divorce, healthy co-parenting is essential for your children’s emotional stability and health. Do all that you can to streamline healthy communication while co-parenting

Their schedules and tips include recommendations for:

  • Babies. All children do best with stability, but this is especially true for babies who rely on a routine for nourishment, hygiene, and comfort. Regardless of what you decide, it’s essential that both parents can agree on – and uphold – the same schedule and routine for their baby to support healthy physical, mental, and emotional development.
  • Toddlers. Most toddlers fare best with a schedule that allows them to see each parent every two days. Again, routine is essential. Regardless of the water under your adult divorce bridge, maintaining consistency between homes is always in the children’s best interest.
  • Preschoolers and TK. Children at this age may prefer sticking with the two-day schedule but may be able to stretch to three days off – with parents sharing or alternating weekends.
  • School-age children (5 to 13). Children may have more input as they get older. Many parents find that split weeks with alternating extended weekends are the best way to go at this stage of the game. That said, some children do fine with every other week/weekend at this age, especially if there is a once-per-week dinner with the other parent or when the other parent is part of the school/extracurricular chauffeuring schedule.
  • High School. By this age, most children do fine with an every-other-week schedule. However, some prefer to be at each home for two weeks at a time for more stability and because they communicate with either parent independently. If your child is heavily involved in sports or extracurricular activities, they may no longer want to spend much time with a parent who lives outside of the school district, so that is worth taking into consideration.

Learn about all the scheduling options

Historically, child custody schedules were usually 80/20. Children spent 80% of their time with one parent (usually the mother) and 20% with the other. This meant spending every other weekend and a portion of school breaks with the non-custodial parent. But things have changed. Today, unless there’s just cause, most parents share 50% custody. However, scheduling that 50% depends on work schedules and the children’s age. 

We’ve briefly hit on some of the most common child custody schedules out there, but every family is different. In our post about healthy co-parenting communication, we referenced helpful apps, one of which is Our Family Wizard. Their website offers a range of parenting schedules that work well but may require extra calendaring on your part. 

Examples include:

  • The 2-2-5-5 rotation. With this one, children spend two days with one parent, two days with the other, then five days with the first parent, and five days with the other. 
  • The 3-3-4-4. This schedule is like the 2-2-5-5, but it’s done with three/four days in between.

These schedules can be a healthy bridge for younger children when they switch from switching homes every two days to a week-on/week-off schedule. It allows everyone to get used to the longer stay routine.

Have written agreements that cover everything…

Consistency is essential for all children. You do your child no favors when you opt to be the “easy” or “fun” parent. You’re actually setting your children up for emotional angst, anxiety, and confusion. In fact, “setting up a routine ASAP” is #3 on our list of 5 tips for helping children cope with divorce.

One of the best things you can do during and after your divorce is to sit down and draw up schedules and agreements that both of you pledge to uphold. This includes things like:

  • How communication will take place.
  • Using a co-parenting app to facilitate things.
  • Schedules for sleeping, napping, homework, etc.
  • Rules and consequences.
  • Tech and screen time boundaries.

Again, your divorce mediator or the family therapist can help you create and uphold these agreements and support both of you when things aren’t going smoothly.

Schedule Divorce Mediation At The Law Offices Of Gerard A. Falzone

Are you prioritizing what’s best for your children as you move forward with the divorce? Schedule a divorce mediation session with the Law Offices of Gerard A. Falzone. We’ve worked with Bay Area families for over 30 years to create child custody schedules that successfully supported everyone’s well-being. Contact us to schedule your child custody mediation consultation.