San Diego Child Custody Laws -When do I use the Courts ?
There is a tendency to think that every decision and plan of action needs to be endorsed by the courts. This really isn’t the case. Child custody hearings are really a way of fixing arrangements that are either not working or where one of the parties feels that the arrangement is not the best for the children. Sometimes though, going back to court is the right thing to do. You need to keep in mind it’s expensive, time consuming and sometimes frustrating for all. If things are not working, here are preliminary steps to take to assure you get the best results.
Agreements without documentation and clarity are not a good thing. One thing you do not want to be is too complacent or informal about your agreements . I see many people with agreements they came by “off the cuff”. Agreements by text aren’t really what you are looking for. These agreements create a lot of “He said, She Said.” When things go bad you are better off with some documentation that is at least semi-formal. Getting a lawyer to consult with you and put your agreement in writing that “works” for your life is a good idea. This doesn’t mean the lawyer runs the show just that you know the facts pro and cons of your custody situation. When you know your custody options and the facts you can make better decisions. “The devil is in the details in the law.” Consulting with a family law attorney is a way to get things right without breaking the bank.
The fact is that you may have more to lose than to gain by litigating because you may antagonize your ex-partner and end up with them demanding a totally different arrangement and the judge agreeing! You will be surprised at quite how often simply talking through issues will lead to resolutions.
So if it’s not broke, don’t fix it. Okay, it’s broken. What now?
Let’s say you discussed your concerns with the other parent. Instead of an acknowledgment that there is a problem you got a response ranging from (1) calm dissent to (2) being chased off the premises with a broom handle. In that case, you’ll need to consider asking for the court’s intervention. Or the other parent has “lawyer-ed up” and / or has made many (and false) allegations against you, asking the court to intervene.
Time to get serious. Get a lawyer, think about upping the ante.
Why should you hire an attorney? Obviously, if the other parent has an attorney, you’re at an immediate disadvantage. Sure, you’ve heard stories about people who have done just fine without a lawyer. And the people who didn’t do so well? They’re not talking about it , you will never hear
What I am an my staff bring to your equation are not only decades of experience but more importantly a philosophical outlook on the practice of family that confronts without being confrontational and looks to compromise with “settling.”
Child Custody Laws – Get some help
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