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Familiarize Yourself with Family Code

Familiarize Yourself with Family Code

Family law code is a body of statutes and case precedents that govern legal responsibilities between individuals in a family. Division eight through nine of California Family Code outlines all matters to do with child custody and child support. If you have a possible legal proceeding in your future, want to prepare yourself for a legal proceeding, or just have questions regarding specific areas of family law, family code is a database of all matters related to family law. Below is a brief summary of codes related to child custody and child support. Chapter four, section 3080-3089 describes the grounds for which joint custody can be granted. it explains that the court will determine the right of each parent with custody, including the right of the court to determine one parent as the primary caretaker. This statute also allows the court to grant joint legal custody without granting joint physical custody. Section 3100-3105 goes into detail on visitation rights. It holds that the court will grant reasonable visitation to a parent, unless it is proven that the visitation would be detrimental to the child. It states that reasonable visitation can be granted to step parents, grandparents, siblings, or others can also be granted reasonable visitation depending on the child’s situation and the child’s best interests. Section 3110-3118 goes into detail about the court’s right related to custody evaluations and reports. It describes the specific stipulations for hiring and choosing a child custody evaluator, and the rights of the evaluator and the party being evaluated. Section 3120-3121 outlines the process for an action for exclusive custody. Under this statute, each...
Custody Issues when the Child is 18 Years Old

Custody Issues when the Child is 18 Years Old

In California, a child is considered emancipated by the age of 18 or after high school graduation. At this time, the children are still teenagers, but are considered adults, and usually matters like child support and custody laws do not apply to them anymore. A recent unpublished opinion by 6th appellate district, William v. Cavers, explores child custody issues after the child has reached the age of 18. The William v. Cavers case s a 8.1115 opinion, which means that the court opinion is available to the public, but is not certified for publication under California Rules of Court. It cannot be cited in court, however, it can offer general insight into how California appellate courts handle child custody. In the William v. Cavers case, the mother petitioned the court for custody when the child turned 17. The father, who was the custodial parent, was against the change, The parents could not come to an agreement with help of a mediator. The mediator recommended that the mother obtain custody at the end of the school year, which the father again opposed. In a later custody hearing, the trial court followed the mediator’s recommendations. The father continued to appeal, and during his appeal process the daughter turned 18 years old. California can appoint a mediator to assist parents in creating agreements for issues of child support and custody. The mediator can help parents create a parenting plan, which a judge can approve of and make into a support or custody court order. Mediators have extensive education and training for creating a plan in the best interests of the child, though...
Divorce and Health: Studies May Tie Divorce to High Blood Pressure and Obesity

Divorce and Health: Studies May Tie Divorce to High Blood Pressure and Obesity

A new study has discovered delayed side-effects to those who experienced long-term sleep troubles. The study found that those who have trouble sleeping after a divorce for more than 10 weeks are at risk for a rise in blood pressure. The study sought to find the link between divorce and major health problems, including early death. Investigators at the University of Arizona suggest sleep trouble could be one of the factors. Researchers studied 138 people who had been separated or divorce for around 16 weeks. Participants reported on the quality of their sleep during three lab visits spread over seven-and-a-half months, during which their blood pressure was recorded. Initially, the researchers did not identify a link between blood pressure and sleep problems. Eventually, however, they found a delayed effect. “We saw changes in resting blood pressure were associated with sleep problems three months earlier. Earlier sleep problems predicted increases in resting blood pressure over time,” said study co-author David Sbarra, an associate professor of psychology, in a university news release. “What we found was if you’re having sleep problems up to about 10 weeks after your separation, they don’t appear to be associated with your future increase in blood pressure,” Sbarra said. “However, after 10 or so weeks — after some sustained period of time — there seems to be a cumulative bad effect.” In other words, the longer an individual’s sleep problems continued, the higher their risk for high blood pressure. The study, which was published in the journal of Health Psychology, found a connection between higher blood pressure and divorce-related sleep problems, but did not establish a...

Twitter use Leads to Conflict in Relationships

According to a new study, social media platform Twitter can be bad news for your relationship. In an online survey of 581 Twitter users, researchers found that frequent Twitter use can lead to conflict in a couple’s relationship, which could possibly lead to infidelity or a breakup. Researchers wrote a 20-question survey about Twitter’s effect on relationships, which they tweeted out to over 3.4 million users. The study garnered 581 participants. Participants were found to average 52 minutes of Twitter use a day, 5 days a week. “There’s been growing literature that these social networking sites may directly impair communications between partners, and that can lead to increasing jealousy,” said Dr. Scott Krakower, assistant unit chief of psychiatry at Zucker Hillside Hospital in Glen Oaks, N.Y. “You’re spending a lot of time on the internet, and that’s taking away from time with your partner.” The study, which was published in the journal Cyberpsychology, Behavior, and Social Networking, found that high amounts of Twitter use could be correlated with turmoil within relationships; couples could be more likely to get into arguments about Twitter use or content, and the conflict occurred even if the couple had been in a long-term relationship. Krakower offers a few theories as to why the conflict occurs. He suggests Twitter use could distract them from their partner and their relationship.  “People become too engulfed in what they’re doing, and that takes away from their other activities,” he said. He also notes that Twitter could cause conflict because of couples oversharing. “You’re able to see everything they’re doing,” he said. “Maybe you will jump to conclusions too...