Child Custody Laws in California: Determination and Modification

Child custody laws in California favor allowing both parents to care for and support children. If you are divorcing and concerned about your child custody rights, an experienced California family law attorney can help you with your case.

Best Interest of the Child Standard

Child custody cases in California are determined based on the best interest of the child standard. The court will take into consideration all of the facts of your case, including evidence of who cared for the children during marriage and how your career will affect child rearing availability. Your willingness to foster a relationship between the other parent and your children is also taken into consideration in most cases. An ability to remain amicable is in the best interest of your children, and the court will recognize your attempts to make things work.

Out of Court Custody Agreements

Not all divorce cases in California go to court. Many couples have moved toward a more peaceful ending to their marriage through collaborative divorce, also sometimes referred to as mediation divorce. Collaborative divorce allows couples to make their own arrangements as to issues such as child custody. As long as both parties agree to the arrangement, then it will go into the final dissolution filing.

Handling your child custody case outside of court gives you some control back and it paves the way for an easier, more collaborative child rearing experience. You will need to work together even though you will be living in separate houses, so why not start now? When children see their parents treating each other with respect, they learn valuable skills at coping with life's downfalls. By handling your divorce case out of court, you may be able to mitigate some of the emotional damage your children will likely experience as a result of changing circumstances. Collaborative divorce is not right for all individuals. Discuss this option with your attorney during an initial consultation.

Getting Legal Help

A California family law attorney will help you assess your child custody case. Each case is different, but an experienced attorney can give you helpful tips on how to get what you want in your divorce. Custody matters can get messy with both parents having different desires. Hiring a professional to handle your case will take the emotional charge out of the situation and get you to an agreement more quickly.

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