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July 2017 Archives

Recent California ruling could impact custody rights of parents

Whether you are going through a divorce or are living your life post-divorce, the divorce process has likely altered your life greatly. This is especially true if you have children. Dissolution means addressing difficult issues, such as child custody. While some divorcing parents in California are able to reach fair and equal terms when it comes to deciding a fair parenting time schedule with their ex, this does not mean that they are free from visitation issues regarding their children. The divorce process is not only taxing on parents but can also take a toll on grandparents as well. Because of that, some grandparents will take steps to assert their grandparents' rights if they have limited access to their grandchildren during or after their child's divorce.

What is the "best interests of the child" standard?

Parents in California constantly focus on the needs of their children, as many of the decisions made by parents can impact their children. Thus, the interests of a child are often kept in mind at all times. Divorce is no exception. The needs of a child must come first when it comes to making decisions regarding custody and support. However, the ups and downs of divorce can make it difficult to not let emotions get in the way. Because of that, the court may need to step in at times to ensure the best interests of the child are met when there is a dispute about child custody and/or visitation.

The benefits of divorce mediation

The divorce process can seem like a daunting task. Because of that, some couples in California and elsewhere prolong initiating the process. But the truth of the matter is that marriage dissolution does not have to be such an intimidating or overwhelming process. While it is not easy by any means, and is very emotional no matter which way you look at it, divorcing couples do not have to go through the traditional method of litigation. In fact, opting for an alternative dispute resolution method is often what makes the process easier, quicker and more cost-effective.

Helping you determine if divorce mediation is right for you

For some couples in California it can seem like they can never get along. No matter what marital problem arises, it is difficult to resolve. Thus, during divorce, these couples find it challenging to sort through all the necessary family law issues they must confront. Whether it is because they cannot see eye-to-eye, are too emotional, or are just being stubborn, this problem can really extend the process and make finding resolution difficult. Nonetheless, there are some marriage dissolution options available to divorcing spouses that may be better than the traditional litigation approach, depending on the circumstances.

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John T. Chamberlin, Attorney at Law
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