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Divorce Mediation Archives

When bird nesting can be successful

California couples may have noticed a new trend in how parents raise their children after a divorce. Instead of the child splitting time at each parent's home, the parents split time at the family home. This benefits the child as it provides a sense of stability during an otherwise uncertain time. However, this may not work well for all parents.

How parents can help their children through divorce

There are certain things parents in California can do to make their divorce less difficult for their children as well as things they can avoid. For example, parents should reassure children that the divorce is not their fault. They should encourage a good relationship with the other parent and talk to the child without offering an opinion if the child is negative about that parent. Neither parent should badmouth the other.

Custody basics for divorcing parents

When there is a dispute about the role of unmarried or divorcing parents in the lives of children, the family law court system is usually asked to determine the respective rights of everyone involved. The rights of California parents to spend time with their children are called custodial rights. There are some basic assumptions incorporated into laws and judicial philosophies regarding the amount of time each parent is allowed to spend with children. Depending on the specifics of a situation, a judge may award sole, partial or joint custody of children.

Courts judge parents seeking child custody on 4 basic factors

Although family courts in California take unique circumstances into account when reviewing child custody petitions, four basic guidelines form the basis for parental evaluation. These are positive environment, previous involvement, present participation and personal character.

Choices in child custody arrangements

The term "child custody" actually refers to two different types of custody. The parent with legal custody is able to make decisions about the child's welfare, including religion health care and education. The child lives with the parent who has physical custody. California parents may have sole physical and legal custody or joint physical and legal custody or some combination of the two. Joint legal custody is fairly common.

Mediation can help to produce effective parenting plans

For California couples headed toward divorce, it can be a challenging and emotional time. This is especially true when they also have young children. Both spouses may have the best interests of their children at heart, but the divorce itself can be a highly stressful experience. Pursuing a collaborative divorce or a mediation process can help these couples develop a lasting, positive co-parenting relationship.

The benefits of shared parenting

California parents who have gotten divorced may prefer that they both play a role in raising their children after the marriage ends. In recent years, lawmakers in several states have also pushed for parents to have an equitable role in raising children after a divorce. For some legislators, it may be a way to advance an agenda of gender equality. Creating a shared parenting arrangement may be a way to get parents to cooperate during divorce proceedings.

Preparing well can help the divorce process

Divorce can be a challenging time for California residents looking to end their marriage. This can be the case even when the relationship between former spouses remains amicable, as the emotional baggage of dealing with child custody, spousal support and other issues in the divorce can loom large. When partners want to end their marriage without a court battle or a contested divorce, divorce mediation can be an option that can help people achieve their goals and move on from their marriage peacefully.

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