Top 3 Tips for Navigating Child Custody Disputes in California

After you finalize a divorce, the hope is that you won’t have to deal with issues with your ex-spouse any longer. Unfortunately, divorce isn’t always the end for some people. This can be especially true when children are involved. If you were married with minor children, it’s likely that child custody came up as a term of the divorce. If you’re struggling with the terms of your child custody outcome, here are several tips for navigating disputes in California.

Types of Child Custody in California

Child custody encompasses the rights and responsibilities a child’s parents have when it comes to taking care of them. When determining custody, it’s important to come up with a solid parenting plan that outlines how to care for your children moving forward.

There are two main types of custody defined under California law:

• Legal custody. Grants the right to make important decisions about things like your child’s education, healthcare, and general welfare on their behalf.
• Physical custody. Refers to where the child is living most of the time.

Legal and physical custody can either be classified as joint custody or sole custody. In situations where sole custody is granted, some form of child support is likely to be discussed, as well as visitation rights.

3 Tips for Navigating Child Custody Disputes in California

Having to deal with child custody disputes is never easy, but there are some things you can do to move through them and avoid issues down the road.

Get an uncontested divorce. In some cases, you can settle your divorce out of court if you and your spouse can agree on all terms. This is known as an uncontested divorce and can be finalized once you reach an agreement and file the necessary paperwork.

When you settle outside of court, you can enjoy more flexibility when it comes to finding solutions for issues the divorce can cause. This is the simplest way to move through child custody issues because you can come up with more creative ideas that you may not have been able to establish if you go through the court.

However, it’s only possible for it to be successful if your spouse is willing to negotiate terms with you. A California family lawyer can facilitate this process and help guide you toward a resolution that works for everyone and, most importantly, is in the best interest of the child.

Prioritize the child’s best interest. The first rule in determining child custody is to prioritize the child or children. This means making decisions based on their health, safety, and general well-being. By focusing on your child, you can avoid entering contentious conversations about other aspects of the relationship.

In California, the courts must determine child custody based on the best interests of the child. If you’re unable to agree on a parenting plan, you can expect a judge to consider factors such as:

• Each parent’s ability to care for the child
• History of family violence or abuse
• The child’s age and health
• The child’s relationship with each parent
• The child’s school and community situations

Work with a California family lawyer. While you’re not obligated to work with an attorney, it can be highly beneficial. Child custody is an emotionally involved process, and having an outside perspective with strong legal knowledge can make all the difference when it comes to finding a resolution.

FAQs

Q: How Is the Amount of Child Support Determined in California?

A: California courts use specified legal guidelines to determine child support. Child support is calculated by determining each parent’s income, addressing the disparities between the two, and considering additional expenses each parent pays. Ultimately, a child support commissioner or family law judge makes the final decision about the order based on their findings.

Q: Can a Child Custody Order be Modified in California?

A: You can change the terms of a child custody order in California any time after it has been issued. The types of forms you must fill out depend on your unique situation. There are different processes for families where one or both ex-spouses are remarried, or if something occurs that triggers the desire to modify the custody order. It’s beneficial to work with a California family lawyer to understand how to go through this process.

Q: Can I Move to a New Home with My Child After Gaining Custody in California?

A: As the custodial parent, you do have a right to change residences if the move does not actively go against the child’s best interests. You must give notice to the other parent, and they have the right to object. In this case, the court may be asked to modify a custody order. It’s wise to talk with a California family law attorney before considering a move after a custody battle.

Q: Can a Child Choose Not to Live With or Visit a Parent in California?

A: A minor child cannot choose where to live in a child custody case. They also cannot violate visitation rights by refusing to see one of their parents. Under California law, children aged 14 and older can express their preference for who they want to live with, and the court can take that into consideration when it makes its final decision.

California Divorce Attorney

Going through a divorce is never easy. Even if you and your partner are ending on good terms, navigating all the nuances of separating your lives can take a toll on both of you. The Department of Finance estimates that the population in California is expected to reach 39.7 million by 2030 and 40.9 million by 2040.

At Bickford Blado & Botros, we’re proud to serve the ever-growing communities of Californians as they go through this tumultuous time in their lives. If you’re facing an issue with child custody in California, our team can explore avenues to reach a resolution that’s in the best interest of the child. Call us to set up an appointment with a California family law attorney today.

 

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