Child Custody Process Basics – Santa Rosa Law Blog

Child Custody ProcessChild custody process basics in California. When couples with children divorce, custody is usually one of the primary issues that has to be sorted out. Although custody can be a major point of contention for some couples, others are able to come to a resolution without taking this matter to court. While every case is different and is always best assessed on an individual basis by a Northern California family law attorney, there are compelling reasons why divorced parents may pursue a custody arrangement outside of court.

In the state of California, the well-being of children is something that courts take very seriously. To ensure this well-being, they may use their authority to assign legal or physical custody based on what they believe is in the best interest of a child. However, courts don’t have to be the one to make this decision. The state’s laws allow for parents to establish their own agreement in regards to custody.

Child Custody Process Basics in California

There are a number of reasons why many parents attempt to work with each other to resolve their custody issues. Saving stress, money, and time are three very common reasons. Additionally, depending on the specific circumstances, taking a custody case to a California courtroom can result in the outcome turning out worse for one of the parents than they would have gotten through an agreement with their ex-spouse.

When a custody case does end up in court, physical and legal custody are the two issues that get addressed. The first type of custody determines who a child lives with, while the second type of custody is for making decisions about things like healthcare and education.

Working with a Northern California Child Custody Attorney

While a courtroom is not always the best place for custody issues to be handled, that does not mean someone should attempt to resolve a custody matter all on their own. Not only can this process be quite complex, but problems can come up that someone with no custody experience would not expect at all. Being aware of those potential issues and taking action to deal with them is just one example of what a Santa Rosa custody attorney can do to help someone who is in this situation.

Another advantage of handling custody outside of a courtroom is parents can have more flexibility on the issues of both physical and legal custody. For example, parents may agree that one can take the reigns for health care issues, while the other parent can make decisions about education. That kind of agreement generally would not be offered by a judge.

Parents Working to Make it Work

On the other hand, both parents have to get along in order to make this kind of arrangement work and remain sustainable. If too many disagreements in the child custody process come up, court may become the only viable option for handling custody arrangements. Avoiding that type of child custody process communication breakdown is another example of why there is so much value in having legal professionals involved who can meditate and facilitate any points of contention.