When it comes to child custody for the mother, it is often assumed that in California, it would be a simple process. People believe that mothers have an unfair advantage in court, especially in California courts.
While being the mother is a very important step in child custody considerations, it is not as easy as just telling a judget that you are the mother and deerve custody. Your status as the mother will not give you an advantage in California Child Custody Laws, it is simply not allowed. If you are relying on your gender as a motivating factor for the courts to give you custody, do not be surprised if you aren't provided custody.
If you are looking to discuss child custody issues and need help, fill out our "Start Evaluation" form or give us a call!
When it comes to divorce and child custody, fathers are desiring custody of their children at a more frequent rate. This can become messy when both sides are fighting for child custody and lawyers start getting involved. Many fathers are choosing parenting over careers, and judges have become more willing to grant dads the same rights as the mother.
Mediation can truly help with a messy divorce and child custody issues. We can help you avoid court which will allow the judge to decide the fate of the child. With mediation it is certainly possible to come to a peaceful agreemnt htat will be fair to both parties and the child / children involved.
Finances and Child Custody
Finances will also play a role in the child custody considerations when going through a divorce. Questions include, who will be responsible for the childs expenses such as health insurance and extra-curricular activities? Child custody and support arrangements will be made so that the financial burden will be divided between the divorcing parents. If a parent can show that their financial situation can play a better role in the child's life, this also may be taken in to consideration by a judge.
When Can My Child Choose Where to Live?
It is a question often asked, "At what age does my child get ot decide where to live?" Older children have strong opinions about where they would like to live and how they would like to divide their time betwee the parents post-divorce. Contrary to common assumptions, even teenagers do not have full decision-making authority in regards to child custody arrangements.
With California Family Code, a child who is at least 14 years and wishes to address the court directly, must be permitted to do so unless the court decides it is not in the best interest of the child. As long as the child or teenager is still a minor, the court's primary goal is to do what is in the best interest of the child, even in situations that might conflict with your child's desires. Courts prefer to keep children from adult issues but will take in to account a child's court appearance when making the outcome.
If you and your spouse would like to work it out without going to court, please contact us! We can help get you through the process so both you and your spouse can be happy with the outcome.
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