Family Law Challenges for Police Officers

Is Divorce Common for Law Enforcement Officers?

Working as a police officer in California is a demanding profession. There are long work hours, difficult cases that weigh heavily on the psyche, and complex legal matters that take up a lot of time and energy. Statistically speaking, divorce rates are higher among law enforcement officers than in other professions. In instances where one or both spouses work in law enforcement, the chances of divorce can be as high as 70%. This is unfortunate, but it is also fairly understandable. The stress of the job can negatively affect the individual and thus impact their relationships.

Going through a California divorce as a law enforcement officer can be an especially difficult ordeal. Not only are you contending with the demands of the job, but now you must contend with the difficulties of a family law case.

What Child Custody Challenges Might a Police Officer Face in Divorce Proceedings?

Whether you are a police officer or a private sector employee, California family law courts determine child custody and parenting time arrangements based on what the judge believes is in the best interests of the children. Unfortunately, this means that if you work the night shift or have irregular hours, a family law judge may take those factors into consideration when determining child custody arrangements.

Ultimately, it is not your line of work that will determine custody; it is what is in the best interests of the child’s mental and physical well-being. Legal and physical custody will be determined based on several factors, but always with the child’s best interests at the forefront.

However, just because you have irregular work hours and an unpredictable schedule does not mean that you will lose out on legal decision-making authority. It is possible to be granted legal custody even if you do not have regular physical custody, granting you the authority to have some say in your child’s education, healthcare, religious practices, and social activities.

Are Standard Parenting Plans Applicable to Police Officers?

When working out a parenting schedule with your ex-partner, it is important to make sure that you take into consideration the unpredictable nature of your work schedule. Attempts to push for more flexibility and creativity in the drafting of a parenting plan. Standard parenting plans that trade weekends or every few days may not be suitable to the lifestyle and work demands of a police officer. Just the same, however, that does not mean that you should try to push for court orders that are overly flexible and do not have any sense of routine, as this may not be in the best interest of your minor children.

It may be necessary to consider mediation with your ex-spouse when trying to come up with an agreeable parenting schedule. In mediation, you and the co-parent will try to reach common ground with the help of a neutral third-party mediator.

Does Your Pension Count as Joint Property?

Pension programs for California police officers provide them with retirement benefits, allowing them to retire from their law enforcement career and pursue other employment opportunities when they see fit.

Under California law, the division of assets in a California divorce adheres to Community property laws. Under community property laws, your ex-spouse may potentially be able to claim up to 50% of your police pension. This is because the pension that you earned during marriage will be joint property. It is worth noting that the division of property does not need to be 50/50. A family law judge will determine how exactly to split your pension between the two of you.

Do Law Enforcement Personnel Get Any Special Considerations in Family Law Cases?

Police officers, health inspectors, state troopers, federal agents, customs officers, district attorneys, and others in the law enforcement profession are all treated the same as anyone else who comes into a courtroom of law. There is no special treatment afforded to police officers in divorce cases, child support obligations, or child custody disputes. Divorce proceedings are decided entirely based on the facts and merits of each spouse’s case.

What is the Brady Handgun Violence Prevention Act?

In high-conflict divorces, it is common for there to be allegations of physical abuse or domestic violence. According to the Brady Act of 1993, if a gun owner is convicted of domestic violence in California, they could lose their right to possess a firearm for life. As a police officer, this could result in you losing your job.

It is highly recommended that police officers retain professional legal counsel from experienced attorneys well versed in the complexities of high-conflict divorce cases.

Contact Our Full-Service Law Firm to Discuss Your Family Law Matters with Our Attorneys

Divorce is difficult for everyone, and no one is advised to go through it alone. Luckily, you don’t have to. Our law firm has years of experience representing public sector employees, including police officers, in complex family law matters, such as divorce, child custody, child support, and alimony. To learn more about our legal services, don’t hesitate to get in touch with our Southern California law firm to schedule your initial case evaluation today. In your case review, we will go over the facts surrounding your family law issues and help you determine the right path forward as you pursue the most positive outcome for your case.

Call us at 626-415-0787.