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Articles Tagged with custody mediation

Under What Circumstances Can a Child Custody Agreement be Modified?

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Going through a divorce can be an exceedingly long, stressful process, even when the separation was relatively amicable. During the proceedings, many decisions must be made, including child custody and child support. Once these have been finalized, it can be tempting to consider the matter fully resolved, but when there are children involved, that is rarely the case. There are a significant number of unexpected circumstances that can crop up after you’ve settled your custody agreement, ranging from changes in your life or your spouse’s life to potential new needs of your child. At the same time, modifying your agreement is not the simplest process.

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How Much Does a Child’s Preference Impact Custody?

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One of the most difficult challenges of going through a divorce is determining the details regarding child custody. Even in situations when the divorce itself is amicable, you and your spouse are likely to have differing opinions regarding how best to proceed with childcare in the aftermath of your separation. Everything from agreeing upon the primary residence and custody schedules to more complex issues like schooling, religion, extracurricular activities, and more can be areas of disagreement.

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The focus of this blog is parents involved in contested custody cases and required custody mediation. Contested custody cases come in all shapes and sizes. On one end of the spectrum you have the high-conflict custody cases (the knockdown, drag out fights) and on the other end you have the “we agree on most things, but there are some details that we still need to iron out.”

No matter where on the spectrum your case falls, if you and the other parent cannot reach a full agreement on custody issues, you will be required to attend child custody mediation. Under California law [Family Code §3170], any contested issue related to custody and visitation must be set for mediation.

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