Family Law Lawyer Walnut Creek CA
Mediation and Child Custody During Divorce
As understood by a family law lawyer Walnut Creek, California relies on, the process of determining custody during divorce can be very painful for many parents, as they are trying to prove as to why they are the most suitable parent to obtain custody. While there are many levels to child custody, many parents simply want to be the primary parent who both lives with their children and makes important decisions regarding their care.
The parent who is awarded legal custody has been granted the right to decide where children go to school, where they receive medical care, religious practices, after school activities, and more. It is fairly common for each parent to be awarded joint legal custody, where they share these duties of upbringing. If for any reason there is evidence that the children may be at-risk for harm, it is unlikely the judge is going to award that parent joint legal custody. For example, here are some reasons a judge may be concerned for the children’s safety:
- If a parent has shown to be abusive either physically, emotionally or mentally towards former spouse and/or children during the marriage
- If a parent has been neglectful and not contributed to taking care of children throughout the marriage
- If a parent had suffered or recently been diagnosed with a mental illness that could potentially lead to children being harmed in some way
- If a parent has in the past or currently been abusing substances, drugs and/or alcohol
- If a parent has served or is going to serve a significant duration of jail-time in the near future
- If a parent has plans to relocate to another city or state farther away from the other parent within the next year or so
The parent awarded physical custody has been granted the right to have their children live with them in their chosen home. It is possible that both parents also share this duty, through joint physical custody. A judge may award both parents physical custody for the health of the children, so they continue to have equal time with their parents. In this way, each parent feels they still contribute to their children’s lives. The parents can try to agree upon a schedule on their own, or have it be decided by the judge. Common factors many parents many use when creating a schedule with their children include:
- The distance between each parent’s home
- Whether time with each parent will be based on a weekly or monthly routine
- Which holidays for the year will be spend with each parent
- Whether each parent can deal with seeing the other on a regular basis
Why Parents Try Mediation First
Many parents may attend mediation sessions with a family law lawyer in Walnut Creek, CA regarding child custody amidst divorce, before going to court. With mediation, a neutral third party that is trained in communication can help guide the conversation in an effective way with the help of a Walnut Creek, CA family law lawyer. In many cases, the parents do not want to court system to decide when they will see their children. So, if each spouse can put their hard feelings aside and work together, the results may be best for all family members.
Benefits of Hiring a Walnut Creek, CA Family Law Lawyer
As if the divorce wasn’t difficult enough, now you have to go through a child custody battle. A child custody case can be emotionally draining for both you and your ex, especially if the two of you aren’t on good terms. If the two of you can’t agree on a custody arrangement, the court will make the decision for you. In this case, it’s in your best interest to hire a family law lawyer from the Law Offices of Ariel Brownell.
Here are some of the benefits of hiring a Walnut Creek, CA family law lawyer:
Familiarity with Child Custody Cases
A family law lawyer should have a lot of familiarity with child custody cases. He or she should be aware of possible issues that may come up and know how to handle them. For example, if your ex if fighting for full custody because of mistakes you’ve made in the past, your Walnut Creek, CA family law lawyer can provide several counter arguments.
Ability to Negotiate Child Support Payments
If your ex is the party who has to pay for child support, your family law lawyer can negotiate a fair amount. Your Walnut Creek CA lawyer will consider your current income, bills, and child’s needs when negotiating the child support amount. If you didn’t have a skilled lawyer on your side, you might not receive what you deserve. On the other hand, if you are the parent who is ordered to pay child support, your family law lawyer could make sure that you don’t overpay.
When you are going through something as stressful as a child custody battle, it’s difficult to think clearly. You have all these different emotions running through your head and are more likely to make poor decisions. For example, you may be tempted to agree to a child custody arrangement you don’t really like just to get the process over with. If you have a family law lawyer on your head, he or she can offer objectivity and prevent you from make bad choices.
A child custody battle is no walk in the park, so you naturally want to resolve the case as quickly as possible. That’s why it’s important to have an experienced family law lawyer on your side. He or she will help you file the paperwork in a timely manner and minimize issues that could delay your case.
Scheduling a Consultation with a Family Law Lawyer in Walnut Creek, CA
If you have decided to work with a family law lawyer, the first step you have to take is schedule a consultation with one as soon as possible. During this appointment, a lawyer from the Law Offices of Ariel Brownell will ask you numerous background information about your case, such as when your divorce was finalized, how many children you have and if you’re currently working or not. If you have any questions of your own, don’t hesitate to ask them. Afterward, your lawyer will advise you the best way to proceed.
f you and your co-parent are in the mist of determining the custody agreement for your child(ren), it may be in your best interest to contact a family law lawyer in Walnut Creek, CA from the Law Office of Ariel Brownell to alleviate the stress of a full court, litigation process.
For more information, or to speak with a family law lawyer Walnut Creek, CA trusts, call us today.