Custody Battles and Family Law in California

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Fighting for the right to raise a child in California occurs frequently due to the divorce rate throughout the state and the country. However, obtain joint or primary custody and enduring visitation rights becomes complicated if the courts are also part of the process between the divorced spouses and the children.

The ongoing struggle for custody of a child is complex and difficult in various big cities in California. The more money used on a lawyer, the better the results in various circumstances. However, some parents harm the children in the process of arguing vehemently with the other ex-spouse. Preparing a parent plan and visitation for the father or mother is important after the divorce is final. Then, if external family members have partial custody, their consideration is a must in the proceedings. Contacting a lawyer early could provide the best possible success at what the parent is looking for in the case.

Plan Development in Parenting

Planning for separation and divorce is important. The best interests of the child become crucial for a better conclusion to the situation. A parenting plan may provide the needs of the child above what petty squabble each spouse may start or continue. These may include education. Arrangements with grandparents or other extended family and travel. Any extracurricular activities and school trips may become part of a good plan. Sometimes, the parent needs to work with a school to ensure the plan is part of a program for excellence and development of the child throughout his or her school career.

When the family changes, it is important for the planning and development of programs to adapt. This is especially important when the spouse separate or divorce. Custody may remain an agreement between the parents, but there are legal options available when these parties are unable to agree on a course of action. When one parent seeks primary custody, visitation is the other side of the deal. However, if the mother or father seeks sole custody without any visitation rights, there is usually a significant problem in the relationship or the family. Domestic abuse, drug or alcohol dependency and similar complications may require the other parent to eliminate the father or mother from the situation entirely.

Legal Options

The most inexpensive manner to achieve a custody agreement is through mediation. This is an open dialogue between parties to come to a compromise in what each person wants for the child. A parenting plan may become part of this proceeding as well as any visitation rights. In California, this is a mandatory process for custody and parenting cases as the initial stage. It is best to resolve these concerns at this point. However, if the custody battle rages on, the parents may go before a judge to decide the outcome. Mediation is a process that lets the father and mother determine what will occur with any children together with or without the use of a lawyer.

When mediation fails, it is often on to the next process which is litigation. The parties must fight out what they want against each other. This includes primary or sole custody, joint custody and visitation for the other parent. If there is a danger or complication with one ex-spouse, the visitation may involve supervision with a third neutral party. For some, this is to ensure that no danger is present for the children during the visiting period. For possible instances of drug or alcohol abuse and domestic violence, supervised visits are usual and the standard to ensure care of the child remains.

Extended Family in Custody Battles

Grandparents usually have visitation rights depending on certain factors. If there is any complication of risky behavior or abuse, these individuals may lack any visiting rights. However, travel to the grandparentsí house is not usually a problem. The same is available to aunts and uncles, cousins and other extended family members. If these visits conflict with the biological parent, they may need to postpone. However, visiting right usually remain unless the grandparent or other extended family member has custody of the child. This is possible, but usually even in California only occurs if there are extenuating or special circumstances.

Legal Help in California with Custody Battles

It is important to hire a lawyer in California if the mandatory mediation fails. Awards of custody are often a constant struggle for numerous families, and the parents are not frequently able to agree without a court deciding the outcome.


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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