Child Custody Disputes in California
San Diego CA Child Custody Lawyers
Marriage is traditionally viewed as a permanent, lifelong commitment partially because families develop out of marriages. So when a married couple decides to dissolve the marriage, that choice impacts the entire family, both immediate and extended. This is one of the reasons why the state of California has adopted laws that are meant to guide couples who are dissolving their marriage toward a cooperative agreement to terms that are fair to everyone involved. Indeed, the state has actually done away with term “divorce” altogether and adopted the term “dissolution of marriage” in its stead. Aside from the legal definition as it applies to these actions, the literal definition of the word divorce is “a complete and radical severance of closely connected things.” When you have children with someone, and relationships have developed throughout both sides of the extended family, a “complete and radical severance” is virtually impossible to achieve in any sort of healthy manner.
Child custody matters are addressed in Sections 3040-3080 of the California Code, and the overarching objective of the court, should it in fact be involved in this type of decision, is to minimize any emotional trauma that the child or children involved may be subject to. When examining the issue of child custody disputes in the state of California, it is important to underscore the fact that they are the exception rather than the rule. In the the vast majority of cases parents can come to a voluntary agreement that is in the best interests of the child or children, and the court encourages this. When the parents can’t come to an agreement, rather than going before a judge, they are encouraged to participate in a child custody mediation session or sessions; in fact the court may refuse to hear the case until the couple involved has gone through the process of mediation. A mediation appointment can be scheduled by contacting The Office of Family Court Services in the county in which you reside.
The people involved in a dissolution of marriage proceeding understand the intricacies of their family dynamic better than anyone, and they should be able to come to a custody agreement that they feel comfortable with if they are being objective and putting the best interests of the children first. However, when all else fails, the court will be charged with the responsibility of making a child custody determination.
If you have questions about child custody disputes the best course of action is to contact a San Diego CA family attorney for a free consultation.
