Walker Law Corporation

Child Custody, Visitation and Support during the Covid-19 Pandemic

Walker Law Corporation Articles

Child Custody, Visitation and Support during the Covid-19 Pandemic

Many parents are concerned about their child custody and/or visitation during the Covid-19 pandemic and need legal assistance in deciding how to handle the other parents demands or irresponsibility. Depending on whether you already have a Custody Order (see below) or if you are recently separated and do not yet have a custody order. In either case the health and well being of the children should be each parent’s paramount concern.

I already have a custody order for Child Custody or Visitation

If you already have a custody order in place you should follow the custody order. If you believe that there are valid safety concerns and that the current custody order will jeopardize the health or safety of your children you should call the Law Office of Sam Walker immediately for a free telephonic consultation on the options that you have available. The most likely best course of conduct would be to file an emergency Ex Parte request for the Court to make a different custody order until the Covid-19 pandemic has passed. What that entails is filing a request for the court to consider written evidence of the emergency and an eventual hearing on the emergency. Depending upon whether you are in Los Angeles or Orange County there are specified procedures that would need to be followed. More information can be obtained directly from the Los Angeles Superior Court website. Likewise the Orange County Superior Court offers information for parents at (View Resource)  Basically, an Ex Parte emergency hearing would be justified if you are concerned about someone in the other parents household testing positive for Covid-19 or other similar types of health and safety emergencies. The Governor has issued emergency orders which affect the availability of the Courts to hear your matters on a non-emergency basis. The Governor’s Executive Orders can be found (View Resource). Likewise the Judicial Council of California has also put orders in place which impact the availability of the Courts (View Resource) If you have any concerns you may call us for a free 15-minute telephonic consultation.

I do not have a Child Custody or Visitation Order

If you do not have a child custody or visitation order in place you still have rights to see your children and if the other parent is not being reasonable in allowing you to share custody or visitation then you should call us for a free 15-minute telephonic consultation to discuss your options. Depending on your circumstances you may have sufficient grounds to file for a emergency Ex Parte hearing in the Family Court to obtain a Court Order for visitation or custody during the Covid-19 pandemic. At a minimum you should be entitled to video visits with your children and if there are no immediate threats to the health and welfare of the children some type of in person visitation or shared custody, depending upon the circumstances.

I have a Child Support Order but I need to make a change due to the impact of Covid-19

If you already have a Child Support Order and it is no longer enough to provide adequate support due or you can no longer make the payments due to loss of income or other Covid-19 impacts you should call us for a free 15-minute telephonic consultation. Filing for an emergency Ex Parte order for increased child support or a decrease in the amount may be a viable option depending upon the circumstances. Regardless of the situation you should consult with an attorney to determine what the right steps are for requesting a modification of your child support.

Have Questions On Child Custody, Visitation in Los Angeles and Orange County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Family Law in California – Temp Orders – Support & More

Walker Law Corporation Articles

Family Law in California – Temp Orders – Support & More

Once you decide to file for divorce there are usually financial concerns which arise immediately and may require a temporary court order to provide either spouse with resources to pay for alternate living expenses which may include rent, utilities, auto, telephone and other life sustaining necessaries for you and any children which are under your care. A request for temporary spousal support and child support orders should be made immediately to ensure that these resources are available to you pending the ultimate resolution of these matters by order of the court.  The parties may agree to these matters without an order of the court and it may be preferable to do so to avoid unnecessary litigation.

The final determination of the parties’ rights and obligations through a family law proceeding may take months or years depending upon the level disagreement and the financial complexity of the matters involved. During that time, many couples will need a court order to determine how to handle shared parenting, who will reside in the family home (who will move out) and how much income is needed for the spouse moving to a new location. Other matters may also be determined and ordered on a temporary basis pending trial.   

It is imperative that you discuss these matters with your attorney prior to or at the time of filing your Petition for Dissolution of Marriage. A request for these temporary orders must be handled immediately in order to provide the parties with a manageable approach to divorce and ensure that an order for temporary support is forthcoming. Accordingly, either party may also request that the other party pay their attorney’s fees on a temporary basis until a final order is made by the court.  Both parties should be provided with sufficient resources to hire and retain the services of an attorney.   

The court grants temporary family law orders when either party makes the request in a timely manner and the requested orders are deemed reasonable and necessary by the court. Usually, these orders last until both parties reach an official settlement or the matters are tried before the court and a final judgment issued. Temporary orders can be ordered by a judge or through an agreement of the parties. The parties should anticipate and attempt to resolve these matters without the need for a hearing.  

The attorneys at the Law Office of Sam Walker will provide you with sensible and effective legal advice when requesting or defending against a request for temporary orders. Because the process can be so complex and have a lasting effect throughout the duration of the judicial process, it is essential to have the assistance of an experienced divorce attorney to protect your interests and ensure that you are granted all reasonably necessary temporary orders. We know how to handle temporary orders for spousal support, child support, property division and child custody and we can help you through each step of the process.

Have Questions On Family Law in Los Angeles and Orange County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com