Showing posts with label child. Show all posts
Showing posts with label child. Show all posts

Saturday, March 1, 2008

Divorce and Child Custody: What is a Parenting Plan?

When parents divorce or separate and a child is involved decisions about where the child will live, how the child will be raised, and the routine decision making about the child’s upbringing is often a difficult and emotional issue for parents to sort out in the mist of their divorce. With so many decisions that need to be made in the context of a divorce and child custody situation it is not uncommon for the parents to become frustrated, stressed, and overwhelmed especially if they do not know where to begin. So where does a parent involved in a divorce and child custody begin? You can begin by working on a parenting plan separately or together that takes into consideration your child’s needs and also reflects what you believe to be in the overall best interest of your child.

A parenting plan is a document that outlines the parenting schedule or timeshare and can include each parent’s responsibilities to raise their child. A parenting plan can be lengthy and detailed or it can be brief and simple. A parenting plan should include the standard parenting schedule, which can include where the child will live during the week and weekends and who will be responsible for taking and picking the child up from school and other activities on certain days. Additionally, the parenting plan can address the holidays, summer vacations, and how other special days during the year will be divided between the parents. Regardless of what is included in your parenting plan it should be predictable, clear, and easy to understand. Further, the parenting plan should take into consideration the needs of the child and reflect his/her overall best interest.

Because the family dynamics vary from family to family there is no one-size-fits-all parenting plan that works well for all families. Some parents may have a shared parenting plan, which allows the child frequent and continuous contact and/or to live with each parent 50% of the time. Other parenting plans may limit one parent’s contact to every other weekend plus a mid-week visit or mid-week overnight. Other parenting plans may be further restrictive allowing for dinner visits but no overnights.

Although it is wise to create a parenting plan that you believe reflects the best interest of your child, it is also wise to consider consulting an attorney to learn where you stand legally on your particular matter before entering into any proposed parenting plan agreement. This is especially important in cases where you believe the other party has ulterior motives or is not working in good-faith to build a parenting plan that truly reflects the overall best interest of your child.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Thursday, February 14, 2008

California Divorce and Child Custody: What is the Purpose of Child Custody Mediation?

Mediation in California is a form of alternative dispute resolution, or ADR, facilitated by a mediator, which allows parents of a child custody and visitation dispute an opportunity to resolve their disagreements without a litigated hearing. As pointed out in Family Code 3170, mediation is a mandatory process in California that must take place before a contested issue regarding custody and visitation is heard in a litigated hearing. Mediation has a specific purpose and mediators should adhere to certain guidelines and standards when conducting mediation.

Mediation Standards

There are certain standards that apply to mediation services. The rules for mediation are set forth in the California Rules of Court 5.210. Rule 5.210 applies to court-connected child custody mediation and addresses the authority of mediation, purpose of mediation, mediation definitions, Responsibility for mediation services, mediation process, training, continuing education, and experience requirements for mediator, mediation supervisor, and family court services director, education and training providers, and ethics as it relates to California mediators and California mediation.

Mediation Purpose

The purpose of mediation is to help the parents of a child custody dispute resolve their disagreements and build a parenting plan together in mediation that reflects the overall best interest of the children. The purpose of mediation is outlined in Family Code 3161.

Mediation Limitations

Mediation may not be able to help all parents work out their disputes. Some cases are too complex or far too acrimonious. In some cases, a parent will change his/her mind after signing an agreement in mediation. If you sign an agreement in mediation and later change your mind, you may be able to cancel your agreement by submitting your cancellation request to mediation services in writing. However, you will want to consult an attorney to learn how to properly cancel your agreement and the timeline upon which you can do it.

If you are involved in mediation you will want to consult an attorney in your area to help you learn about the mediation process, standards, purpose, your rights, and what mediators can and cannot do in mediation.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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