Resolving Child Custody And Child Visitation Disputes
In resolving contested custody issues, California law requires the parties to go through an initial mediation process, either with a private mediator or through Family Court Services (FCS). San Diego is a reporting county, meaning your discussion with the mediator is not confidential. The mediator prepares a written report and recommendations, which are then provided to both parties, their counsel and the judge who will consider the report and its recommendations in making child custody orders.
Our firm encourages parties, where possible, to consider the alternate dispute resolution process to resolve their custody and support issues. In choosing alternate dispute resolution, the client can often avoid the public scrutiny that comes with court-ordered mediation and litigation. Moreover, this option is generally less expensive, stressful and time-consuming. It gives the parties more control over custody arrangements, allowing them to tailor their plans to fit their unique needs and those of their children.
Different Types Of Custody
In California, there are various types of custodial arrangements, including:
- Joint legal custody: Both parents share decision-making responsibilities regarding their children’s health, education and welfare.
- Physical custody: The parent in whose home the child is primarily residing, or the parent who generally makes the day-to-day decisions that affect the child’s life.
- Physical custody (joint or sole): In either case, a child sharing plan needs to be developed that is in the best interests of the child.
Shaping a Child Sharing Or Visitation Arrangement
In developing a custody or visitation plan, we work with our clients to examine and analyze the following issues in the context of what is in the child’s best interests:
- The time spent with your child and your parental responsibilities exercised during the marriage and since separation
- Possible parenting problems needing to be addressed
- Your child’s age, grade, learning issues, and relationship with peers
- If old enough, your child’s preferences
- Whether you child has any educational, medical or other special needs
- Issues of abuse, drugs, alcohol or domestic violence
- Parent’s work schedules and child’s extracurricular activities
- Whether there is a move away issue
Your family means everything to you. We understand this, and it is why we are committed to helping you find a resolution that works for you and your children. We will provide reliable advice and explain your options so you can make the best choice for your family.
To discuss your child custody and visitation concerns, call 619-235-6169 or 858-755-3300 for a consultation with our lawyer. You may also send us an email to arrange a consultation.