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Family Law Blog

Different Ways to Determine Child Custody Issues

Tuesday, June 08, 2021

There is no "one size fits all" for resolving child custody issues. At the foundation of every custody case, the law will always look to what is in the best interest of the children. Some parents may be able to agree on what that means for their family. They may agree where the children will live and who will have legal custody to make decisions about education and health. In these cases, the expense and time of litigation may not make sense. There may be other more effective ways to reach a resolution like mediation or a collaborative approach.

In other cases, the two parents may find it difficult to agree on anything. There may be one controlling adult who makes outlandish demands on the other parent. This can be especially frustrating. In situations like these, it might be best to litigate the case before a judge. However, because litigation can be a costly and lengthy process, it is best to consult an experienced family attorney to discuss your legal options. Our attorneys at Jamra & Jamra have extensive experience and are strong negotiators. They will help you make the right decision for your situation.  

Child Custody Options in California

There are several options to resolve a custody dispute in California. These include: (1) mediation, (2) collaboration, and (3) litigation.

Mediation

Mediation is when a mediator facilitates the child custody discussion. The mediator will always be a neutral party. They can offer insightful information and suggestions. However, a mediator will not advocate for your particular custody rights. If you are thinking about mediation, it is important to visit an experienced attorney so that you can know your protections as a parent.  Once an agreement is made, it may be harder to re-visit those agreements in the future.  

Collaborative Law

Collaborative law, like mediation, empowers the parties to reach an agreement. However, the major difference between mediation and collaboration, is that collaboration has an entire team working towards one common goal. This approach is more often used in divorce where child custody is one aspect of the divorce. The team may include two collaboratively trained lawyers, two divorce coaches, and one financial specialist. There may also be a child specialist or tax attorney.

Litigation

In some cases, mediation or collaboration is not an option. You want to protect your rights as a parent and protect your children as well. Going to court, gives the judge the power to decide what is in the best interest of the children, according to the law. Instead of having the parties decide, each parent submits evidence to show the judge what they believe is in the child's best interest. However, the judge will ultimately make a decision based on the evidence submitted by both parties.

Conclusion

If you would like to speak about your options for child custody, there are many ways to get to the result you want. Our experienced attorneys will sit down with you to discuss your particular situation, what the law allows, and the best way to get you there. We invite you to contact us to schedule a consultation.