Monday, November 5th 2007
Child Custody
Most people think “custody” means which parent has possession of the children most of the time. In fact, in California, it means both how the parents will divide their time and also how the parents will divide their parenting responsibilities for their children.
Parents can agree on custody. However, even if the parents are able to agree on custody, it still must be approved by the Court.
Parents sometimes go to mediation to help them try to reach an agreement on a custody plan. Mediation typically is an informal process where each party discusses his or her concerns, and the mediator helps facilitate resolution. The goals of mediation are to help parents make a parenting plan that is in the child’s best interest, and that allows the child to spend time with both parents.
If the parents cannot agree on custody, the parties need to have a hearing in Court. The judge will base its decision on the child’s best interests. The mediator may make a recommendation to the Court in some cases. This recommendation, however, is not binding on the Court. The judge has the final decision. To assist in making that decision, the Judge may appoint an evaluator to assist in making a parenting plan. The Judge can also appoint an attorney to represent the interests of the children of the marriage when the custody dispute is contentious.
View other articles for: Child Custody and Visitation