Child Custody Attorneys in Los Angeles, Ready to Assist in All Custodial Matters
No one plans on facing a child custody case in their life, but it’s an all too common outcome in America’s legal system. Around half of children will see their parents’ marriage end in divorce, and this isn’t even accounting for those whose parents were never married. In the best cases involving custodial arrangements and child support, both parents will agree on everything. Unfortunately, this isn’t the most common outcome. This is why you should speak with a child custody lawyer in Los Angeles. You can benefit from this even if your separation is amicable.
At Kim Mediation and Law Center, you’ll work directly with an experienced family law attorney focused on simplifying custodial issues as much as possible. Far too often, child support and custody issues end up in courtrooms where parents argue over what they think is in the best interest of their child. It is possible to avoid this, though, and therefore reduce stress on parents and children alike. Call or contact us today for a free initial consultation to get a better understanding of your options. You may end up with a solution you never thought of — one that has the best interests of everyone in mind.
How Is Child Custody Determined in California?
Many child custody cases end up in court because one parent thinks the other will fight them for parental rights. In many instances, each party really does have the best interest of their child in mind. More often than not, it’s minor things that could potentially be ironed out between the parents that cause difficulties. In fact, California child custody courts prefer it when two individuals can agree on their own parenting plan. This is something the parties can do on their own or get help from a mediator or collaborative law attorney to accomplish.
Unfortunately, two people are not always able to come to an agreement. In situations where the court decides child custody issues, they’ll consider each of the following factors:
A child’s health and any special needs
The age of the child
The child’s emotional ties to each parent
Parents’ ability to care for their child
A child’s community ties and connection to their home and school
Any history of domestic violence or substance abuse
None of these individual factors will necessarily result in one parent getting more rights than the other. Child custody matters are decided holistically — meaning courts will look at the entirety of a situation to decide what’s in the best interest of a child. In some instances, this could result in sole physical custody for one party, but in a best-case scenario, a joint custody agreement can be reached. This is a beneficial outcome since California courts believe a child should have a relationship with both parents as much as possible.
Unfortunately, you lose control when you and the other parent see a courtroom as your only option. There’s no guarantee that the judge will see the nuance of certain issues or understand the entirety of your situation. This is why you should strive to come to an agreement with the other parent. When determining child custody, a Los Angeles family law firm may be able to help. Contact Kim Mediation and Law Center today to learn how.
Can Child Custody Lawyers Keep You Out of Court?
When someone hires a child custody attorney, it’s often with the goal of securing the best outcome in court. In reality, it may be possible to reach such an outcome without ever standing before a judge. This is something that a legal professional can assist with. While it may seem more difficult to reach child custody agreements without the directive of a court, the reality is that alternative approaches to these cases typically take less time and cost far less money. Consider the following options to see how Los Angeles child custody lawyers can help you avoid litigation:
Mediation
Rather than sitting down in front of a judge in family courts, mediation allows parties to sit down with a mediator to deal with legal issues instead. The mediator acts as a neutral third party to help guide negotiations. With an attorney serving as your mediator, you’ll be able to have all your legal questions answered while reaching a child custody agreement that a judge is more likely to accept. The lawyer also knows how to properly submit the necessary paperwork, so all that’s on your plate is to have a respectful discussion about your child’s welfare.
Collaborative Law
In mediation, the mediator does not represent one parent or the other. However, you will have your own attorney in a collaborative law approach. Both you and the other parent’s attorneys will have training in this approach, and these legal professionals will work collaboratively to reach an acceptable agreement for both parties. In some instances, other professionals may be involved. These could include therapists, child specialists, and financial experts. These professionals can help provide a clearer picture of the situation, but the underlying goal is to reach an agreement without going to court.
How Are Physical Custody and Legal Custody Different?
Understanding the distinction between legal and physical custody is important during these cases. These parental rights may be split evenly between parties or given to one parent alone. Once again, California child custody courts prefer if parents can reach such agreements on their own. This is especially the case if a joint agreement for physical and legal custody can be agreed upon. Before you can decide what’s best for your child’s life, however, you should recognize what each of these terms means.
What Is Physical Custody?
Physical custody refers to which parent a child lives with. If one party is given sole physical custody, a contact or visitation agreement is typically created for the other party. The individual without physical custody is known as the noncustodial parent. Even when a joint custody agreement exists, though, the child will likely spend more time with one parent than the other. This is normal. A joint physical custody agreement simply means that both parents get frequent and continuing contact with their child.
What Is Legal Custody?
Legal custody refers to the ability to make important life decisions for a child. A sole legal custody arrangement means only one parent gets to make these decisions. When a joint legal custody agreement exists, each parent can make such decisions — even without speaking to the other parent first. If such a decision occurs without consulting the other parent, it can cause unnecessary discord between the two and create stress for the child. To understand why this is such an important issue in Los Angeles child custody cases, one need only consider the decisions that a legal guardian gets to make:
Religious instruction
Medical decisions
Living arrangements
Academic decisions
When parents separate and are unable to agree on anything, they or their child custody lawyers will argue in court about who should have legal custody. While the courts prefer joint legal custody, they will grant sole rights to an individual if it’s apparent that the two parties will be unable to agree on major life decisions. This means neither parent will have control over a court’s decision, so it’s often best if a compromise can first be reached.
Determining Los Angeles Child Custody Cases
In cases where one parent isn’t clearly more fit than the other, going to court means uncertainty. This is why your legal journey should start with a Los Angeles child custody lawyer that offers mediation and collaborative law approaches. There’s no guarantee that you and your former partner will be able to reach an agreement. If there’s even a possibility that you could avoid the time, money, and stress related to fighting in court, though, isn’t trying this route worth the effort? And since you can get a free consultation at Kim Mediation and Law Center, you have nothing to lose by gaining a better understanding of your situation.
Do I Need a Child Custody Lawyer?
One question that parents invariably ask is whether child custody lawyers are even necessary during this process. After all, the court prefers when every child custody matter can be agreed upon by the parents. If an attorney can help you and your ex-spouse or partner reach an agreement, shouldn’t you be able to do this on your own? Unfortunately, this is rarely the case. It often takes a neutral third party to encourage parents to discuss important decisions without focusing on “winning.”
Even in a situation where both parents agree on everything, though, speaking with an attorney is still a wise approach. While California courts prefer when parents share physical custody or reach another mutually beneficial agreement, there are also laws that must be followed. Courts that review child custody agreements sometimes have to throw them out due to errors or agreements that don’t meet statutory requirements. A legal professional in Los Angeles, CA can help you avoid such issues.
Additionally, statistics consistently show that individuals who form an attorney-client relationship experience improved legal outcomes over their non-represented counterparts. The simple fact is that things can quickly turn complex when a minor child is involved. With legal counsel, it’s easier to determine the best approach — even if this means creating a sole custody agreement for one parent. Regardless of your specific situation, though, child custody attorneys in Los Angeles may be able to help.
Contact a Child Custody Lawyer in Los Angeles Today
Whether you’re getting a divorce, hammering out a co-parenting plan with a non-marital spouse, or need modifications to a pre-existing court order, Los Angeles child custody attorneys can help. The most important thing to remember is that courts will always put the best interests of a child first. This is why it’s so beneficial for parents to be able to work together to simplify things and avoid adversarial trials. A child custody mediation attorney can help you do just that. Family law attorney Lynette Kim has over 20 years of experience in her practice area, and her focus is to make child custody cases as peaceful as possible.
While there are times when litigation will be necessary, there’s no reason to immediately jump to that solution. Family law works better when all parties work together, and while it may seem impossible at first, many people are surprised at how effective mediation and collaborative law can be. Call or contact us today at Kim Mediation and Law Center to schedule a free consultation with a child custody lawyer in Los Angeles. It only takes one parent to take the first step, and that small effort could help avoid making the situation more difficult on your child than it needs to be.