Mediation is an alternate form of dispute resolution that allows you to resolve remaining divorce issues without stepping inside of the courtroom. This can provide you with many benefits, including lower costs, less stress, more control over your final divorce order and more. If you are considering mediation for your California divorce, you may benefit from learning more about what to expect from this process.
One of the main distinguishing factors about mediation is that you will work through this process with the help of a neutral third-party mediator. The role of this individual will be to help both sides discuss remaining issues and reach beneficial conclusions. The mediator will ask questions, offer suggestions and do other things that will encourage you and the other party to work together on solutions. Helpful facts about mediation include:
It is still helpful to have experienced guidance, even if you choose mediation for your divorce. You will benefit from seeking insight into the benefits of mediation and what steps you can take to shield your interests. The goal of choosing mediation is to offer you control and flexibility during a difficult process, and it may allow you to move forward to your post-divorce future more confidently.
]]>When a California judge issues a child custody order in your divorce, you and your ex must adhere to its terms. In fact, neither of you has the authority to change any part of the order, unless you first petition the court and the judge grants your request. A noncooperative parent or a parent who disregards a court order may be in contempt of court.
Details of an incident become difficult to recall as time passes. It takes time to resolve child custody problems. Therefore, it’s always best to document any incident of sabotage in writing. Perhaps create a file so that you can easily access the information as needed if you seek the court’s intervention to resolve the issue.
The following list provides several examples of ways a parent might try to sabotage a child custody plan:
If you notice a pattern of behavior that suggests your ex is trying to sabotage your child custody plan, you can seek the court’s intervention. However, you must be prepared to substantiate your claim by providing evidence in court.
If you and your ex work together as a team to resolve child custody issues, your kids may be better able to cope with your divorce. On the contrary, children who have constant exposure to parental conflict often experience high levels of stress and anxiety. To avoid disputes, it’s best to create a detailed custody plan that leaves little room for confusion or disagreement.
If you already have one in place, and your ex isn’t obeying the court order, the sooner you call out the behavior and resolve the issue, the better. Mentioning to your ex that you’re prepared to address the matter in court may be all it takes to stop the sabotage. If not, then do not hesitate to tap into local resources to enforce the child custody order.
]]>Like other legal processes that can impact your family, you will benefit from learning more about the potential benefits and drawbacks of stepparent adoption. This preparation can be helpful as you navigate matters pertaining to parental rights and more. An assessment of your objectives for your blended family can help you fully understand how to move forward with positive choices.
As a stepparent, you play a unique role in the life of your stepchildren. You may have a close relationship with them, and it may seem like the natural next step to adopt them as your own. However, the other biological parent has rights, and depending on the details of your specific situation, he or she may not want this to take place. Consider the following about stepparent adoption:
If you believe that stepparent adoption would be in the interests of your California family, you will benefit from seeking guidance regarding your options and how to move forward. By having knowledgeable counsel, you will increase your chance of success and be able to make decisions that are in the interests of your stepkids. Family law matters can be complex, but you do not have to navigate them alone.
]]>If both of you are willing to cooperate and compromise for your kids’ sake, the future may look bright. The last thing you want is to become entangled in a child custody dispute, which is why it’s wise to set boundaries from the start.
Divorce can be messy, especially if your relationship with your ex is contentious. Agreeing to certain boundaries as part of your child custody plan helps minimize stress. It also ensures that both parents are on the same page regarding expectations, responsibilities and communication. Confusion, misunderstanding and angry outbursts will be far less likely to occur when clear rules and boundaries are set in writing.
Boundaries are especially helpful if your former spouse is a narcissist or is emotionally immature. For example, you can set a boundary stating that you will immediately end a phone call with your ex if he or she starts shouting at you. You can also “draw a line” regarding personal topics, meaning that you can restrict your communication to issues directly relevant to your children -- cut the small talk. Such boundaries help you maintain a business-like manner while protecting your privacy.
Another boundary that helps prevent child custody disputes is to agree that each parent’s methods and parenting style is his or her private business and not up for discussion. You don’t have to like the way your ex parents and vice versa, but you both must respect each other’s right to run your own households as you see fit. If you set a boundary in writing, you don’t have to worry about your co-parent questioning your methods or criticizing your parenting style.
You can set all the boundaries you like, but they’re only effective if both parents adhere to the terms of agreement. If your ex is disregarding the agreed-upon terms of your child custody plan, you can determine the best course of action to resolve the problem. This may include returning to court or filing a motion to modify the court order.
With respectful attitudes and a willingness to work as a team, you can make divorce as painless as possible. You can also help your children adapt to the child custody plan that you and a California family court have determined is in their best interest.
]]>Every state has its own laws and guidelines regarding divorce-related issues such as custody or property division proceedings. It’s important to understand the laws of the state in which you have filed for divorce. Regarding the issue of pets, California is one of only several states that make decisions about pets in divorce as part of custody proceedings.
California Family Code Section 2605 states that courts can award shared or sole ownership of a dog or other pet to both or one spouse (respectively) as part of custody proceedings in a divorce. The following list includes basic questions the judge overseeing your case might want the answers to before deciding:
If you have sole custody of your children, for instance, and they have a strong emotional attachment to the pet, it wouldn’t make much sense for the animal to live at their other parent’s house. After considering these and other questions, the court will determine who should have custody of your pet after your divorce.
Just as you can for child custody in California, you and your ex may negotiate terms of agreement for ownership and care of your pet without going to court. You might agree to share pet ownership, transferring custody back and forth on a rotating schedule. If you and your ex live a great distance apart, however, this type of arrangement might not be practical in your situation.
If you’re unable to achieve a fair settlement on your own regarding custody of your pet in a divorce, you can ask a California family court judge to intervene and make decisions on your behalf. It is also possible to request modification of a court order that includes terms of agreement for a pet, just as you’re able to do for child custody issues.
]]>Since most family court judges believe children fare best in divorce when parents share custody, they must be convinced that there is a legitimate reason to grant one parent sole custody over the other. The court has children’s best interests in mind when making custody decisions. Therefore, it is up to the parent requesting sole custody to demonstrate why it would be best for the children in question.
There is no way to predict with 100% certainty whether a California family court judge will grant a parent’s petition for sole child custody in a divorce. However, the following list includes numerous issues that might compel a judge to do so:
This list provides examples of reasons the court may determine that awarding one parent sole custody in a divorce might be in a child’s best interest. Remember that a child custody order is legally enforceable but not written in stone. A judge can modify an order at the court’s discretion, at any time.
If you plan to seek sole child custody in a divorce, remember that there are different types of custody. Physical custody refers to your children’s permanent residence. Legal custody, on the other hand, refers to your authority to make decisions on a child’s behalf, regarding health, education or other important life issues.
When the court grants you sole legal custody of your children, it means you do not have to consult with your ex before making child-related decisions following your divorce. If you share legal custody, you must agree before implementing a decision. Make sure you understand California child custody guidelines before heading to court to request any type of custody arrangement.
]]>A child custody hearing can be daunting. You know there is a lot at stake for you and your children, which is why you will want to take the time to prepare well. This preparation will prove essential, especially if you are pursuing a specific outcome or facing a particularly contentious hearing. Your efforts now can make a significant difference in the future.
Before you even step foot in the courtroom, you will have to file certain documents with the court. These documents will explain to the court your position, and you can outline your desired outcome. After submitting these documents, you will then receive notification regarding the hearing date. In the meantime, you can begin to gather the documents you will need in order to validate your claims to the court, which can include:
In particularly contentious and complex custody cases, a judge may determine that a custody evaluation is necessary. This is an evaluation conducted by a professional who may visit each home, speak with the kids and take steps to gain a realistic perspective on the child’s daily life. This insight may help a judge make a final decision.
The standard for any ruling made in a child custody case is making a decision that will truly be in the best interests of the child. As you prepare to navigate the legal process and fight for an outcome that you believe will be best for your kids, you may find it beneficial to first seek knowledge and guidance from a family law professional.
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