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Should child custody and visitation laws be more stringent?

On Behalf of Cullen Family Law Group | Feb 10, 2012 | Custody & Visitation |

A terrible tragedy occurred this week that some California residents may have heard about. A man burned down his home while he and his two children were inside, and all three were killed. The father carried out this tragic act during his visitation time with his children. While this situation is of course very rare, it has prompted some to question the current laws surrounding child custody in this country.

Currently, child custody laws are fairly loose and subject to a judge’s discretion. Many individual states do not have specific laws that clearly define visitation time, and some people are now wondering if they should.

This father’s case was likely very similar to other child custody cases that go before a judge. Judges often do their best to ensure that parents remain a part of a child’s life as long as it is safe to do so. How could a judge have seen something like this coming? Had the judge suspected the father would act out in such a way, the visitation order might not have existed.

According to many legal scholars, it is important that judges be able to maintain some level of leeway because one custody case can be very different from the next. However, one group is seeking for more stringent rules surrounding this area of family law. Family law judges focus primarily and the best interests of the children when making decisions about child custody and visitation time. An advocacy group is arguing that the “best interests of the children” is not well-defined and is too subjective.

Some suggest that courts put restrictions on visitation time, including where they will take place, especially if supervised visits are ordered. Often supervised visits take place at the parent’s home.

As courts continue to do their best to preserve the relationship between parent and child, it will be interesting to see if child custody laws in California and elsewhere are reshaped because of this tragedy.

Source: USA Today, “Powell tragedy sparks questions about child custody,” Yamiche Alcindor, Feb. 9, 2012

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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