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Pleasanton Family Law Blog

Helping you develop a workable child custody agreement

Like most parent sin California, spending time with their children is sacred. From birth until adulthood, these are the times major memories are formed, and parents are able to make a significant impact on the lives of their children. Unfortunately, divorce can disrupt this process. When parents part their ways, it can be very difficult on the children involved. It is not only a major change going from one home to two homes, but it is also challenging that they will only see each parent for a specified amount of time each week or month.

Child custody arrangements are necessary during the divorce process; however, they can be very emotional and difficult to develop. Because of that, divorcing parents should note their options and what processes they could go through to reach a favorable result. At John T. Chamberlin Attorney at Law, our experienced legal team is dedicated to helping residents in the Pleasanton area understand their situation and what legal process they could undergo to resolve them.

Signs mediation is right for you and signs that it isn't

When you decide to divorce, there are several options available. For example, you can choose litigation, collaborative law or mediation. Each process comes with its own set of requirements, benefits and negative aspects. It is important to examine each option and determine which one is right for you and your specific situation.

If you are considering mediation for your divorce, there are aspects of the process you should know about. While mediation can work for many couples, there are red flags that you should watch out for that may indicate it is not your best option. Read below to find out more about mediation and whether it is right for you.

Why divorcing couples should consider collaborative law divorce

There are many potential benefits of a collaborative law divorce. The idea of divorce may create feelings of trepidation and leave spouses feeling overwhelmed. They may be concerned about divorce related fights, acrimony and conflicts litigated in family law court. There are many stereotypes associated with the divorce process, however, there are also options available to help couples make the process as painless and amicable as possible.

Collaborative law divorce refers to a solution-oriented approach to divorce that focuses on divorcing couples working together to reach outcomes with as little hostility associated with the process as possible. Collaborative law does not involve a court room or family law court litigation and if the couple does proceed to litigate rather than settle their divorce-related disputes, the representatives for the parties must withdraw.

Helping you decide which divorce method is best for you

Deciding to divorce is not an easy choice to make. Even more so, it is challenging to determine how best to approach this process. Thus, it become imperative that divorcing couples understand how they can approach the process and what mechanisms they can utilize to reach the best outcome possible.

Litigation is the traditional way to end a marriage; however, it is not the only way. Because ligation can be expensive, long and emotional, some couples seek a divorce alternative that can help them reach an amicable agreement without the high price tag or a multitude of disputes. At John T. Chamberlin Attorney at Law, our experienced legal team is well versed in divorce alternate dispute resolution options. We are dedicated to serving California spouses, helping them understand that they have the ability to move through the divorce process timely and cost efficiently.

Divorce dispute over art collection worth up to $1 billion

Every divorcing couple must go through the process of dividing their marital property. This process is rarely easy for anyone, but it can be especially difficult in cases of high-asset divorce. Often, the biggest issue is ascertaining the value of certain assets, such as ownership stakes in businesses, stock options or investment accounts.

The divorce of billionaire real estate developer Harry Macklowe and wife Linda Macklowe has attracted a lot of attention from the news media, as the two argue over their extensive real estate holdings. But observers say that the trickiest part of their property division process may involve the value of Linda Macklowe's collection of paintings and sculptures. Her collection includes works by esteemed artists such as Pablo Picasso and Mark Rothko. Just one of her Rothko paintings is said to be worth $50 million.

What are fathers' rights in child custody?

In the past, a typical California custody arrangement resulted in a mother receiving primary custody of the children, while the father, as the non-custodial parents, was only able to exercise visitation rights. This arrangement does still occur in some situations, but fathers should note that they have the right to shared custody. Because society has moved towards a co-parenting environment, divorcing parents should understand that this likely means they will have joint-custody of their children post-divorce.

What are fathers' rights when it comes to child custody? Even though our nation has moved towards joint custody and studies have shown that shared parenting is ideal for children, fathers across the nation still need to exert their rights during dissolution. While we would like to say gender biases are out of the picture, these unfortunately can come into play. This is especially true when the children have been brought up by the mother who stays home full or part-time.

Divorce mediation: Proper goals will put you on the right track

If you decide that divorce is the only way to fix your marital problems, you'll want to learn more about the mediation process.

There are times when litigation is the only way to work through issues in a divorce, but you don't want to go down this path until you first give mediation a try.

Achieving an amicable California divorce through mediation

Dissolving a marriage is not the intention spouses have when they enter their union. However, life can bring with it many changes and surprises. Unfortunately, life changes are not always beneficial to the marital relationship. Disputes could run high and love can diminish.

When one or both spouses believe it is best to part ways, the next logical step is to file for divorce. But, achieving an amicable divorce does not always look like both spouses fighting it out in court. There are alternative options to litigation, and these methods could prove to be more efficient and effective in the end.

The benefits of child custody mediation

Filing for divorce means spouses in California and elsewhere have to make a wide variety of decisions. For those with children, this means reaching agreements on custody and child support. These decisions are rather sensitive and emotional, causing some parents to approach the decision-making process with much care and delicacy. Because they do not want a judge to hold the power of determining what is best for their child, some parents will avoid the litigation process altogether.

Child custody mediation is a vital step to take during dissolution. Understanding the process to its fullest can help parents experience all the benefits the process can offer. Whether a couple is in a dispute about custody or are just seeking to reach a final and binding agreement, the use of a neutral third party and this process can be better facilitated.

What is the standard for determining primary custody?

No matter what life event a person is going through, no parent wants to see his or her child less. Nonetheless, parents in California that decide to divorce are required to sort through some challenging topics and decisions. One of these is child custody.

While it is likely that both the mother and the father desire to be awarded physical custody of their children, this ideal scenario is not always a reality. A parent might request to be the primary caretaker, requiring them to prove to the court that they meet the standards and is in the child's best interests.

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John T. Chamberlin, Attorney at Law
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