Child Custody: Protecting Your Legal Rights As A Parent
Child custody and the time children spend with each parent (often called visitation or time-share) is one of the most important aspects of a family law case. The “best interests of the child” is the legal standard by which child custody if determined, whether by a judge or the parents.
Many factors help determine what is ultimately in a child’s best interests, including:
- The child’s age
- Physical and psychological well-being of the child
- Relationship of the child’s parents
- Proposed living arrangements and stability
- Developmental needs of the child
- Input from the child regarding his or her preference, depending on the child’s age or maturity
Child custody and visitation can be some of the most contentious issues in divorce and family law matters. If the parties are in dispute, California family law courts require that parents attend court-sponsored mediation prior to a judge making a decision. Court-sponsored mediation in a contested court case is carried out in a time-limited and often stressful manner. Fortunately, there are many benefits to using private mediation, as well as collaborative law, in resolving child custody and visitation concerns.
Call our firm at 650-642-3897 to reach an experienced child custody lawyer.
Benefits Of Collaborative Practice And Mediation For Child Custody
At Chase, Berenstein and Murray, Counselors at Law, we provide our clients with a choice of resolution methods. With decades of legal experience, our attorney advises clients on the benefits of using alternative dispute resolution (also known as appropriate dispute resolution, or ADR) methods in resolving their child custody problems.
Both mediation and collaborative law allow parties to reach an agreement on child custody and time-share that works for their family, rather than having a court decide for them. Below are some of the benefits of these two alternative approaches:
- More flexibility in creating a parenting plan and time-sharing agreement
- Generally efficient and more cost-effective
- Less stressful on children
- Encourages more cooperation between parents
- Allows children to have a voice in the timeshare plan in a way that does not put them in the middle
Child custody also impacts child support. Specifically, the amount of time a parent spends with a child correlates to the amount of support a parent pays or receives. Resolving your child custody matter amicably with positive interaction between parents can assist you and your spouse in reaching an agreement regarding support in a more productive manner.
Frequently Asked Questions
Even when you and your spouse are willing to cooperate, planning for children during a separation can still feel overwhelming. One benefit of collaborative divorce is that it helps prioritize your family’s needs by enabling you to develop a practical plan that adjusts as your children grow.
How can collaborative divorce help us create a flexible parenting plan without leaving major decisions to a judge?
Collaborative divorce can help you create a tailored plan by keeping you, your spouse and your respective lawyers at the same table, working together to solve problems instead of handing them to a judge. This allows you to agree on schedules, decision-making rules and communication expectations that fit with your children’s routines and developmental needs.
What is the difference between legal custody and physical custody under California law, and do both need to be shared?
Physical custody establishes the child’s living arrangements and divides parenting time, whereas legal custody gives the right to make decisions regarding the child’s upbringing. Both types of custody do not have to be shared equally, and in some cases, one parent may have sole legal custody, sole physical custody or a combination of both.
How do child specialists or family coaches participate in collaborative custody negotiations to protect our children’s emotional well-being?
These professionals can play a valuable role in collaborative custody negotiations by bringing a child-centered perspective to the process. They help parents understand how children may experience the separation emotionally and developmentally, and they can suggest parenting strategies that reduce stress and conflict.
A child specialist may meet with the child, gather insights and share general themes with the parents, while a family coach helps the adults communicate more effectively and stay focused on parenting goals.
How are holiday schedules, summer vacations and extracurricular activities structured in an out-of-court parenting agreement?
Parents often alternate major holidays, divide school breaks and set deadlines for travel notices or vacation requests to avoid last-minute disputes. Regarding extracurriculars, the agreement might outline decision-making processes, payment responsibilities, and arrangements for transportation and attendance when events occur during the other parent’s time.
The more specific the plan, the easier it is to minimize conflict and keep the children’s routines predictable.
What happens if our children’s needs change as they grow older? Can a collaborative parenting plan be modified amicably?
If your children’s needs change over time, you can modify a collaborative parenting plan amicably through renewed discussion and agreement. Many families include review provisions so they can revisit the plan at certain ages or life changes, such as starting school, entering adolescence or moving into new activities.
How To Contact Us
Whether or not you decide collaborative law or mediation is best for your case, we can provide you with knowledgeable legal guidance. Contact our Burlingame office by email or call 650-642-3897 to schedule a consultation regarding your child custody or child support matter.