Mar 31, 2021 - Child Custody by Seastrom Tuttle & Murphy
If you’re a parent considering a divorce in California, you may be interested to know that there are certain truths that could influence your decision about whether or not a divorce is the best thing for your family. Finding a knowledgeable Irvine child custody lawyer who can help you navigate the process is key if you’re seeking to retain some form of custody over your children.
While there are several misconceptions regarding child custody laws in California, we provide a few realities about custody and visitation rights that parents should know when preparing for or considering a divorce.
Family Courts in California Do Not Favor Mothers or Fathers
While some states do favor mothers over fathers, that’s not something you will have to worry about in California. Instead, the court will determine custody based on whether each parent can actually handle the task of being a parent. Many judges will assume that parents should be rewarded joint custody and visitation rights unless it can be argued for otherwise in court. Usually, if two divorcing spouses are in mediation or navigating an uncontested divorce, they can make their own child custody arrangements, and those agreements will generally be approved by the court. Remember, the standard applied by the court will always be whatever is in the best interest of the child. Ultimately, that will mean frequent and uninterrupted contact with both their parents who are better off remaining amicable for the sake of their children.
Custody is One of the Main Reasons Divorces Go To Trial
While most divorces can generally be handled out of court, it doesn’t always work out that way when there are kids involved. Because the well-being of a child is so important to both parents, they often find it difficult to work out their differences when it comes to child custody arrangements. Between alimony and child support payments, and working out a visitation schedule that works for both their schedules, parents can find themselves battling it out in court even when they resolved to keep their divorce amicable. Avoid becoming one of these couples by recognizing that compromise is vital for your child’s well-being, and make it a point to try and work out your custody agreement in mediation.
A Visitation Order is Only Good if It Can Be Enforced
There is often a disconnect between custody and visitation arrangements and how they actually work out in practice. Parents who have intense work or travel schedules are often unable to meet the demands of their visitation agreements and may often leave the other spouse in a bind. Whether you’re the spouse who is constantly having to renege on their obligation or the one who is often unexpectedly left with the kids, remember that you can always take your former spouse back to court to resolve your visitation issues; however, doing so may prove to be unfruitful. Instead, consider renegotiating your child support payments if you find yourself needing childcare more often than not.
Contact an Irvine Child Custody Lawyer
Working out the perfect child custody arrangement depends on how willing you are to work with your spouse on some difficult decisions. Hiring an experienced Irvine child custody lawyer can go a long way to getting your custody arrangements resolved. Contact our offices today.