Misconceptions Regarding Divorce and Child Custody

Sometimes, especially when under the stress of recovering from divorce or a child custody dispute, people feel their own sense of right and wrong is fair. But often what seems fair is not permissible under the California Family Code.

Before you take any course of action, you might want to discuss things with experienced divorce attorney. Here’s a list of common misconceptions that can have negative impacts when being looked at in family law court.

I Don’t Have to Pay Child Support if My Ex Doesn’t Let Me See My Children

Child support is not linked to child custody and visitation rights. Under California Family Code 3556, violating a visitation order does not justify withholding child support. Child support is a duty owed to the child. So withholding money only hurts the child, and not the other parent. You can also be subject to contempt of court for withholding child support payments, regardless of whether visitation rights are being upheld.

Can I Cancel My Spouse’s Insurance?

Parties usually choose to live apart once divorce papers have been filed. This means household expenses are split up or finalized and ex-spouses begin to create their own accounts as they move on with their separate lives. For this reason, it makes sense to cancel joint insurance policies. Once divorce papers are filed Automatic Temporary Restraining Orders (“ATROs”) become effective. These orders prohibit either party from unilaterally cancelling existing health insurance, life insurance, car insurance, or other similar plans.

Can I Take Children Out of the State for Vacation?

Maintaining stability for children during the divorce process is crucial. This can mean continuing traditions like traveling out of state for holiday visits, etc… Once a divorce proceeding has begun, both parents cannot remove the children from the State of California without receiving written consent of the other parent or court order.

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