Latest / Divorce and Child Custody Discussion with Attorney Brian A. Victor / Child Custody Issues When Ending a Dating Relationship

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Child Custody Issues When Ending a Dating Relationship · Divorce and Child Custody Discussion with Attorney Brian A. Victor

• 0:06
  Speaker 1: Hi, I'm attorney Brian a victor and welcome to my all new podcast.
• 0:11
  Speaker 1: Each week I'm going to discuss the issues of divorce and or child custody in my last podcast I talked about the considerations necessary for thinking about getting divorced.
• 0:23
  Speaker 1: I also talked about your initial meeting with your attorney and the issues to prepare in advance to discuss with your attorney regarding your matter this week I thought I would talk about something a little different, not really related to divorce but rather related to child custody.
• 0:41
  Speaker 1: A little different than the usual where there's a custody plan in place after divorce or were there as a custody plan needing to be made because the parties are thinking of divorcing.
• 0:51
  Speaker 1: This podcast is going to discuss what happens when parties who are dating decide to break up and they have children from that dating relationship.
• 1:01
  Speaker 1: This is the question I get asked a lot as a child custody attorney in San Diego, California, there are many similarities in this situation as there are when a couple is divorcing and they have children.
• 1:13
  Speaker 1: One of the most important issues to focus on is the physical custody of the children.
• 1:19
  Speaker 1: It is important to decide with which parent the children will be living.
• 1:23
  Speaker 1: Will it be with the mother, the father, or under a joint custody situation where they spend an equal amount of time with both parents.
• 1:30
  Speaker 1: Whether divorcing or ending a dating relationship, there are many factors to be considered when determining the custody situation.
• 1:39
  Speaker 1: A longer discussion of each factor would take a podcast of its own, but suffice to say that the familiarity between the children and each parent and the time spent with each parent is a good starting point to determine the physical custody issue.
• 1:54
  Speaker 1: When a couple is married, they have generally been living together and raising their children.
• 1:59
  Speaker 1: Unless a couple who has been dating has been living together, they have not been in a situation where both parties had been living with their children.
• 2:07
  Speaker 1: This is one of the major differences between a couple who is divorcing and a couple who is ending a dating relationship.
• 2:13
  Speaker 1: This can also be a major factor to be considered when determining physical custody of the child.
• 2:19
  Speaker 1: Similar to a divorcing couple, another factor to be considered when determining custody is how much of a role each parent in the dating relationship has played and how involved in the children's lives they have been.
• 2:32
  Speaker 1: Although they may not be living with their child, a parent may be involved in taking the child to school to extracurricular activities or spending time with them on a regular basis.
• 2:43
  Speaker 1: While I have been talking about the factors to consider for determining physical custody of a child, one of the major differences between divorcing couples and those ending their dating relationship is the type of support that can be requested from the court.
• 2:56
  Speaker 1: Whether a couple is divorcing or ending their dating relationship, a parent can usually request child support from the higher earning parent to help them care for their child's needs.
• 3:09
  Speaker 1: These needs range from providing for extracurricular activities to food and clothing of the child.
• 3:16
  Speaker 1: A big difference, however, is that when divorcing, spousal support can be requested by the party who earns less.
• 3:24
  Speaker 1: While an unmarried couple cannot request spousal support.
• 3:28
  Speaker 1: Also, divorcing couples are able to divide assets while generally an unmarried couple cannot.
• 3:35
  Speaker 1: To inquire further about the choices available from the court when ending a dating relationship.
• 3:40
  Speaker 1: Be sure to consult with a local family law attorney who can discuss this process as it relates to your specific situation.
• 3:47
  Speaker 1: In San Diego, California, contact the Law Offices of Brian A.
• 3:52
  Speaker 1: Victor for more information on children and the court process.
• 3:55
  Speaker 1: Thank you very much for listening and feel free to contact me at my website at www.brianvictorlaw.com for any suggestions you may have for future podcasts.