Divorce is never easy, and when children are involved, the stakes and emotions become even higher. Custody battles are often the most emotionally charged aspect of divorce as parents navigate the complex terrain of securing the best possible outcome for their children.
In California, there can be strategies to assist you in resolving child custody and child visitation disputes and to assist you with obtaining a better possible outcome at a hearing or trial. Understanding and effectively navigating these strategies can be crucial for any parent in a child custody or visitation dispute.
Having an experienced family law attorney like the attorneys at Happ Law Group P.C. can help provide advice regarding understanding and effectively navigating the strategies to assist with child custody and child visitation issues, minimizing the risk of mistakes that can negatively impact you in a child custody or child visitation hearing.
Here are some key strategies to help you navigate child custody and child visitation disputes in California and steps you can take to assist with obtaining the best possible outcome for your case, whether that be a settlement or a Court order:
Interim child custody and child visitation orders in California are based on the best interests of the child. To determine what child custody and visitation orders are in the children’s best interests, the Court can consider a variety of factors.
The Court will consider factors such as nature and amount of contact with each parent, stability and continuity of environment, allowance of frequent and continuing contact, a parent’s history of abuse against a child, spouse, or cohabitant, a parent’s history of drug or alcohol abuse, and depending on the child’s age and other factors, the children’s wishes.
Demonstrating that your decisions are consistently child-centered can significantly impact the court’s perception of your case.
Want to learn more about what the Court considers when making child custody and visitation orders? Schedule a consultation to meet with an attorney at Happ Law Group P.C.
While it may be challenging, maintaining a positive and cooperative relationship with your co-parent can be beneficial in a child custody and child visitation dispute.
Courts favor arrangements where both parents are actively involved in their child’s life. Open communication, flexibility, and willingness to co-parent can demonstrate your commitment to your child’s well-being and your ability to work collaboratively, which is often viewed favorably by the Court.
In addition, maintaining a positive relationship with your co-parent may be beneficial to you when you require assistance from your co-parent, as they will likely be more willing and open to assist with your requests if you maintain a positive relationship.
In child custody and child visitation battles, detailed documentation can be a powerful tool. Keep records of your interactions with your co-parent, including communications, visitation schedules, and any incidents that could be relevant to your case.
For instance, maintaining a calendar of the time spent with each parent may assist later if there is a discrepancy as to who was the primary parent or the actual timeshare between the parties for purposes of calculating timeshare for child support.
Also, documenting your involvement in your child’s life such as scheduling and attending medical appointments, school events, and extracurricular activities, can help demonstrate your active role as a parent and can assist if there is a dispute regarding who is the primary parent.
Familiarize yourself with California’s child custody and child visitation laws and how they apply to your situation. California law recognizes two types of custody: legal and physical.
Legal custody is essentially decision-making power. The Court will determine who has the right and responsibility to make decisions related to the health, education, and welfare of the child. This can include decisions related to enrolling and disenrolling a child from school, choosing the child’s medical doctors, or commencing or ending mental health services.
When making legal custody orders, the Court will generally decide whether sole or joint custody is appropriate. Sole legal custody means that one parent makes all of the decisions related to the health, education, or welfare of the child.
Joint legal custody means that the parents must consult with each other before making decisions related to the health, education, and welfare of the child. Sometimes, the Court can create a hybrid legal custody order, where the parents have joint legal custody on some issues, and one parent has sole legal custody on a specific issue.
Physical custody is basically a determination as to where the child will primarily reside.
When making physical custody orders, the Court will decide whether a parent should have sole physical custody or whether the parents should share joint physical custody. While physical custody is what most parents focus on, it is often a label without much meaning since a parent with sole physical custody could still have to facilitate visitation between the children and the other parent. Therefore, sole physical custody does not necessarily mean that one parent will have 100% of the time with the children.
An award of physical custody to one parent is often thought of to be more appropriately considered “primary physical custody” — meaning the parent where the children primarily reside. If the Court orders joint physical custody, it usually means that both parents have significant periods of parenting time with the children.
What constitutes “significant” is entirely subjective—it doesn’t necessarily have to be a 50/50 parenting timeshare. It could be a 60/40 timeshare, 70/30, 80/20, or whatever the Court determines is “significant.”
Understanding these distinctions and how they apply to your case is essential for setting realistic goals and expectations.
Want to learn more about child custody and child visitation? Schedule a consultation to meet with an attorney at Happ Law Group P.C.
In today’s digital age, social media can play a significant role in legal proceedings, including child custody and child visitation battles. Be mindful of what you post online, as anything you share can potentially be used against you in Court.
Avoid posting negative comments about your co-parent, sharing private details about your family law case, or posting anything that could be construed as irresponsible behavior, such as criticisms or comments regarding your judicial officer.
Mediation can be an effective way to resolve child custody and child visitation disputes while still maintaining some control over the outcome of your case. In mediation, a neutral third party helps you and your co-parent negotiate an agreement that works for both of you.
Mediation is often less adversarial than a Court battle and can lead to a more amicable co-parenting relationship. Moreover, when you reach an agreement during mediation, you are in control of the terms reached. Whereas, when you leave the decision to a judicial officer at a hearing or trial, the decision is mostly out of your control, and the outcome is unpredictable.
Additionally, before setting a trial in a case on child custody and child visitation, the Courts often require mediation before they will hear the case.
If your custody case does go to Court, being well-prepared is crucial. Work with your attorney to gather all necessary documentation, witness statements, and evidence that supports your case. Presenting yourself professionally in Court, being respectful to all parties involved, and adhering to Court protocols can also make a positive impression on the judge.
Navigating a custody battle is complex, and having professional guidance can make a significant difference. An experienced family law attorney at Happ Law Group P.C. can help you understand your rights, develop a strategy tailored to your situation, and advocate on your behalf.
In some cases, involving a child psychologist or child custody evaluator can also provide valuable insights into what arrangement would be in the best interest of your child.
Want to learn more about how a child psychologist or child custody evaluator can help you in your child custody and child visitation case? Come talk to the attorneys at Happ Law Group P.C.
Custody battles are emotionally taxing and legally complex, but by focusing on the best interests of your child, maintaining a positive relationship with your co-parent, and being well-prepared, you can navigate this challenging process more effectively.
Understanding California’s family law and seeking professional guidance are key components of achieving a favorable outcome that supports the well-being of your child. Navigating custody battles is never easy, but with the right strategies, you can protect your child’s future while ensuring their best interests are at the forefront of every decision.
What is physical custody?
Physical custody is basically a determination as to where the child will primarily reside.
What is legal custody?
Legal Custody is essentially decision-making power.
What types of child custody orders can be made?
The Court can make child custody orders that give sole or joint legal or physical to one or both parents.
What types of visitation orders can be made?
The Court can make a variety of parenting schedules as part of the visitation order and decide whether a parent’s visitation should be supervised or unsupervised.
What factors will the court consider in making child custody and child visitation orders?
The Court will consider factors such as contact with parents, stability, continuity of environment, a history of physical abuse, history of drug or alcohol abuse, history of or current mental illness, and, in some cases, the child’s wishes.
DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.
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