How To Use Mediation To Resolve Child Custody In California

When parents decide to call off the marriage, children become mostly affected, especially if they are below the age of majority. To ensure the parent doesn’t make the matter worse for their children by pulling away, the court ensures there is an agreement to have some personal care for the children under the child custody. This is a way set up by family law to develop a general idea of handling physical and legal custody of children. Both parents have the right to agree on the main decisions about their children. While there are many types of child custody, the most perfect one that favors the children of all ages is joint custody. Coming up with child custody can either be agreed upon by both parents out of court or through the court with the help of a judge. However, the best and most convenient way to have your child custody solved is through mediated settlements. This helps to save time, money and keeps your children’s needs at the forefront. In most cases, this may seem impossible due to the conflicts related to divorce. However, steps parents can follow may minimize conflict and help them come up with an effective child custody agreement.

Coming Up With A Successful Mediation Process

Mediation is one of the best dispute resolution methods used when coming up with a divorce or child custody agreement. It’s less formal compared to going to trial. But to make it successful, the right process must be followed. Getting a good mediator can be overwhelming, but since divorce lawyers interact with mediators now and then, you can consider having one to help you. Like many states, California has established child custody to be based on the children’s best interests. Having the best divorce lawyer in Chula Vista by your side makes you have less conflict. Also, this may help you have a faster resolution and come up with successful child custody and also have an easier divorce. To come up with a fair mediation process, you may consider the below factors:

  • Learn how to voice your opinions: If you expect to have a say in your kids’ best interest, you should have the power to voice your opinions. Make sure to be wholly involved in the mediation process such that any decision from your partner that seems to deter from your opinions make be made clear by your mediator.
  • Be prepared with the right documents: Having the necessary documents present will ensure you achieve the goals faster. A good lawyer can help you separate relevant from irrelevant documents. For instance, you need to have your requests for the child custody written.
  • Keep grudges away: Even if your party is not in agreement, you need to ensure you’re not distracted by the feelings of disrespect and fail to contribute towards getting the best for your child. Here, your goal should be based on understanding the matter resolved other than winning. This means that you also need to contemplate how you may want your ex-spouse to have the chance to interact with the children.
  • Accept change: Any mediation is to bring change in how you and the other parent may conduct themselves on their children. Learn that it takes time to address issues and have them take effect.

After reaching an outcome, you have to come up with a legally binding agreement through lawyer’s help. Though you may feel this may be expensive, it’s worth it all. The lawyer’s job will be to review the agreement and also help to consider whether the outcome favors the children. However, if mediation fails, the only option can be to get your child custody settled in court by a judge. This will complicate things, and you may end up paying more and spending a lot to time

How To Act On The Best Interest Of Your Children

Any successful mediation should come up with a solution on how responsibilities will be shared. To make sure it favors the interests of the children, the below should be considered:

  • The child preferences: In California, children over the age of 14 years may state their preference when it comes to child custody. This is not unless the judge deems it not fit for them, either due to their mental capability. However, for the small children, the court must determine whether the custody agreement favors them.
  • Child’s health and safety issues: The California court will have to check whether the child’s health and safety have been taken into account before granting child custody. In some cases, the court may limit child visitation to the abusive parent or other factors that may pose threats to the child’s life, such as alcohol or drugs.

If you have questions on how to keep your mediation process fair, you may get legal help from an experienced family lawyer.


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Written by rudyard

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