When it comes to a divorce and the discussion of child custody, it can be the primary reason for anger and stress that can really weigh on individuals. For over 30 years A Fair Way Mediation has been helping San Diego divorce cases, with many of these involving child support negotiations. We understand that you both love your child / children, and the custsody discussion can be difficult, our team can help you both peacefully navigate this to come to a mutually beneficial agreement for you both, as well as the children.
For a free consultation, please fill out our "Start Evaluation" form or give us a call!
Child Custody and Time Sharing
There are several important legal issues in relation to minors that must be addressed when parents decide to live apart and need to discuss living arrangements. A Fair Way Mediation can help you navigate the responsibilities of child custody issues to help negotiate child custody and visitation rights.
The parties are encouraged to try and reach an agreement on a detailed parenting plan. If the individuals involved are not able to agree on this important issue, the case will be seen in court with a judge evaluating you both and ultimately making the final decision. This is when stress will hit its hardest, allowing another outside individual make the decision for you and your family.
Child Custody Factors Include
(1) the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time sharing schedule, and to be reasonable when changes are required;
(2) the demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent;
(3) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(4) the moral fitness of the parents;
(5) the mental and physical health of the parents;
(6) the home, school, and community record of the child;
(7) the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
(8) the demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things;
(9) the demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily scheduled for homework, meals, and bedtime;
(10) the demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child;
(11) the willingness of each parent to adopt a unified front on all major issues when dealing with the child;
(12) evidence of domestic violence;
(13) the demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities;
(14) various other factors.
Child Custody Help
As you can see, child custody can be quite complex with a wide variety of factors playing a role as to which parent will get custody. This means that the major decisions such as raising the child(ren) must be made jointly by both parties. A Fair Way brings back the human element as opposed to the exact saying of the law. We believe that with the right guidance, child custody issues can be sorted out properly and discretely, minimizing the stress on a family.
The complexities of the child issues that come about with the separation of the parents, the importance of establishing a proper parenting plan that will allow each of you to have meaningful relations with your child(ren).
For a free consultation, please fill out our "Start Evaluation" form or give us a call!