Do I need my ex’s permission to enroll my child in swimming lessons during my parenting time?

No. You do not need your co-parent’s permission to enroll your child in extracurricular activities during your parenting time. The decision to permit participation is a parenting decision.  So long as a parent has sole or joint legal custody, they may enroll a child.  If there is a dispute about whether the enrollment unreasonably infringes on the other parent's custodial time or if the child's participation is in the child's best interest are issues that a court can resolve if the parents disagree.

The requirement for an agreement between the parents is usually tied to the expense of the activity, so that one parent cannot unilaterally commit the finances of the other parent.  However, since extracurricular activities are a discretionary add-on, there is no absolute right to require the other parent to share the cost (although, in practice, this is usually what courts order). 

Tips for Divorced Parents During the Holidays

The holidays can be a magical time of year, but they can also be difficult and stressful. The obligations seem endless - school performances, work parties, shopping for presents, family visits. Frequently, families are surprised at just how tense the holidays can be.
This can be especially true if you are co-parenting with your ex and have young children splitting time between two homes this holiday season. Nevertheless, with a little planning and flexibility, you and your children can still enjoy the most wonderful time of the year.  Here are five tips for divorced parents during the holidays

1.     Your children come first
The first holiday without both parents present is usually the toughest for kids. You should expect some children to be confused, sad, angry, or disappointed.  Take the time to listen to their concerns and validate that it’s okay for them to have these feelings.  
If you get stressed out about all the holiday minutiae, remember to think about your kids. They can feel your stress, so take a deep breath and find a way to decompress if tensions rise.

2.    Be okay with changes to the schedule
Be flexible but firm about holiday plans.  It’s often challenging to craft the right time-sharing arrangement for the holidays since both yours and your children’s schedules can be very different than the regular day to day.
Children thrive when spending time with lots of caring family, especially during the holidays. If your ex’s Aunt Sophie wants to see your kids for the one day she is in town and that day falls on your scheduled parenting time, consider making an exception so that she can see them--it’s in your children's best interest, and her goodwill could come in handy later. This season’s about generosity, after all.

3. Keep some traditions but be willing to make new ones.

Some divorced parents choose to spend all holiday time together (such as Christmas Eve and Christmas day) to help their children feel supported. There is nothing wrong with sharing these special moments - just because you are divorced does not mean you are not still a family.
However, many families don’t, since sharing traditions can results in drama and what felt good before now feels like merely a reminder of what is gone. If this is the case, move on from past traditions and forge new memories.
Parents often decide to alternate holidays or split the days in half. For example, many parents find that they want to be there for Christmas morning present opening. So each year they rotate where the kids will wake up on Christmas morning.
One last tip is to remember that holidays are ultimately about taking time out of our normal day- to- day to spend time with family. Get creative and come up with a new tradition to follow. For example, some parents decide to celebrate Christmas on on both December 25 (at Dad’s) and December 26th (at Mom’s). Use your judgment to determine what will be a positive and happy experience for your kids.   

4.  Avoid competing over presents
Ex’s can be frustrating - especially when you are trying to solidify holiday plans and they are uncooperative or even just plain nasty. After all, couples often divorce for a reason. Nevertheless, during the holidays, it’s especially important to make sure your decisions, reactions, and behavior reflect what is best for your children’s happiness and well-being.    
Divorced parents sometimes turn holidays into a competition for the best presents, activities, and vacations. This doesn’t help anyone. Instead of comparing yourself to your ex, try to think of alternative ways to involve your kids and your ex in holiday planning.  Try to avoid one-upping your ex or competing for the child’s love by focusing on non-financial presents.
When you are shopping, keep your co-parent in mind. For example, you may want to consider joining forces with your ex to get one bigger present for your child that comes from both parents. Getting a gift from both parents also tells your child that even though you’re no longer married, you will both always be there for him/her.

5. Stock up on Movies, Hot Chocolate, and a good bottle of wine.
Take time to relax this holiday season, even if it’s just a few hours. With so many moving pieces, the holidays can be super stressful and overwhelming.  Pay attention the vibe in your house and if your children need some downtime, make sure you are prepared to have a quiet night in.  Here in San Francisco, we can’t exactly go out and play in the snow, but a moment of lightness is appreciated just the same.  
Dealing with divorce during the holidays is hard; while it’s tough, you need to avoid comparing yourself to either other families (with their picture perfect holiday cards and annual updates) or to your own holidays past. Change is inevitable, there is no such thing as a perfect family, and these comparisons will do nothing other than make you miserable, which doesn’t really fit into the holiday spirit--focus on joy and being grateful for what you do have.

Contact me at amanda@gordonfamilylaw.com for more information.

Can I make a custody agreement that says my child will be raised Christian?

No.  While this may seem strange to many parents,  it is contrary to the First Amendment, to make an agreement between parents controlling the religious upbringing of their minor children. California Courts have invalidated such agreements on public policy grounds because such agreements (i) are too vague to demonstrate a meeting of the minds or to provide an adequate basis for enforcement and (ii) excessively entangle the court in religious matters. 

Contact me at amanda@gordonfamilylaw.com for more information.

Child Custody Primer

Child Custody issues are challenging, especially when you have to learn an entirely new language for speaking with the Court. 

This Powerpoint PDF is an excellent resource and provides information on:

• Understanding what is custody and visitation,

• What the Court looks at when making orders,

• Understanding how orders can be changed.  

  

 

Five Tips for Divorcing Parents

Divorce is never easy on kids, but there are many ways parents can help lessen the impact of their break-up on their children:

1. Never disparage your former spouse in front of your children. Children know they are "part mom" and "part dad" and the criticism hurt your child’s self-esteem.

2. Encourage your children to see your former spouse frequently. Do everything within your power to accommodate the visitation as frequent and continuous contact is required by law. 

3. If you are the non-custodial parent, pay your child support. The loss of income facing many children after divorce puts them at a financial disadvantage that impacts them for the rest of their lives.

4. If you are the custodial parent and you are not receiving child support, do not tell your children. Conversations about scarcity can feed a child's sense of abandonment and further erodes their stability.

1. If at all possible, do not uproot your children. Stability in their home and school life helps shield children from the trauma of their parent's divorce.