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As the response to the coronavirus (COVID-19) ramps up at home and around the globe, we are taking on family law issues that come into play during this unprecedented time. Here are guidelines for general questions you may have about how coronavirus affects co-parenting, custody and visitation, and updates regarding court closures.

Temporarily Update your Custody Schedule. Together.

This is not the time to worry about maintaining an equal timeshare or appearing “weak” to the other parent. The one thing the two of you have in common is love for your children, regardless of parenting differences, philosophies, and feelings about the other. Communicating and planning to ensure childcare is covered and that your children avoid as much exposure to the public as possible should be a mutual goal that brings you together.

For high conflict parents, you should be relying on your attorneys for guidance during this time, especially if your local courthouse is closed. Additionally, look into engaging the services of a private mediator (using videoconference technology) to help the two of you reach consensus.

Agree on Rules.

Reducing your family’s risk for contracting coronavirus means that when your child is in your care, you are taking precautions such as frequent hand washing, limiting crowd exposure, and avoiding unnecessary travel. Get on the same page regarding playdates, extracurricular activities, and contact with other children. As part of coparenting, you and your ex should establish rules that you both agree to follow to protect the health of everyone in the family.

Make a Backup Plan.

What will happen if one of your family members contracts coronavirus? Have you confirmed that you both have the children’s medical cards? If you’re still legally married, have you double checked to make sure your medical insurance is still current? Who will care for the children if one or both of you cannot do so? Have you prepared for the possibility that you will be quarantined? Stay calm. Help each other stay calm.

Get Help.

Whenever you make a change to your parenting time or custody schedule, it’s important for these changes to be formally represented in a written agreement. At the very least, this reduces the chances for misunderstandings and arguments. Many of you do not have access to emergency hearings right now, so it is vital to keep your parenting situation as stable as possible for the sake of your children.

If you have different ideas, use the children’s pediatrician or other trusted individual to help guide your decisions. If you and your ex are still unable to reach agreements and have significant differences regarding your approach to the visitation schedule, make sure you seek the assistance of a divorce/custody attorney. Above all, remember your children should always be the center of your worlds, not put in the middle of your conflicts.

Have questions about the impact of COVID-19 on your child custody and visitation issues? We can help. CALL US!

WE WILL BE THERE WHEN YOU CALL  

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!      

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.      This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Although it may be true that “no good marriage ends in divorce,” it is just as true that the process can be a strain both emotionally and financially. Not only are you dividing your assets, but each side will have attorney’s fees for just about everything the divorce involves.

Even though California is a no-fault state for divorce, some situations—such as infidelity or excessive spending—place the blame squarely on one party’s shoulders. If your spouse’s actions are the cause of your divorce, you might think it’s only fair that he pays the legal fees. However, that’s not how it works. Unless there are specific extenuating circumstances, the judge will order that each party pay their own legal fees.

One of the most frequently asked questions in divorce cases is, “Can I get my spouse to pay my attorney’s fees?” The majority of family law attorneys charge by the hour, which means you can be billed for time your attorney spends on phone calls, meetings, emails, legal research, and court appearances in their crafting the best individualized approach and arguments for your case. 

What Are the Exceptions?

You have the right to ask the judge to order your ex to pay your legal fees if you would be unable to hire a lawyer otherwise. The California courts recognize the need to level the playing field so both sides can have access to a lawyer. So, if there is an economic disparity between the parties, the judge can order the party with more money to pay the other party’s legal fees. This request is made in writing to the court.

How Do I Ask for Attorney’s Fees?

The dependent spouse must be the side to petition the court and ask for an award of attorney’s fees from the judge. It is generally done as soon as possible in the beginning of a divorce case so that the dependent spouse can obtain quality legal counsel for the remainder of their case.

Advance on Equitable Distribution

If a spouse does not qualify for a full or partial award of attorney’s, there is still another option to make paying divorce attorney’s fees feasible. A spouse can petition the court to receive an advance on their portion of equitable distribution in the beginning of a divorce case to pay for attorney’s fees.

WE WILL BE THERE WHEN YOU CALL  

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!      

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.     

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.   

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Without the right mediator, a divorce can seem like an insurmountable and emotionally draining experience. The process can be a preferable alternative to divorce court for many couples. 

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