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What Happens When You Can’t Agree upon Child Custody During a North County San Diego Divorce?

On Behalf of | Apr 29, 2019 | Child Custody and Visitation

What happens when you can’t agree upon child custody during a North County San Diego divorce?  Child custody and parenting time are often the most challenging issues for divorcing parents in North County San Diego to face.  Child custody disputes that are fueled by emotion or other motives will result in substantial costs and time delays.  What happens when the parties can’t or won’t agree to child custody and parenting time arrangements?

The first alternative dispute resolution option is mediation.  Mediation is designed to create a more cooperative and constructive atmosphere that resolves challenges such as child custody and parenting time disputes efficiently.

When you can’t agree upon child custody during a North County San Diego divorce or one or both of the parties are still taking a hard stance and mediation is unsuccessful, the Court must step in.  It also impacts 3 other important factors: cost, time and control.

The first thing a Carlsbad Judge or Magistrate will usually do is order a “custody evaluation” where an independent party evaluates both former spouses, their parenting skills and the stability of the environment in both households.  The evaluator will examine the relationship between the child(ren) and both parents, as well as extended family members such as grandparents, aunts and uncles and cousins.

The evaluator will also be assessing the ability of each parent to cooperate with the other, and their ability to support the parental relationship of their former spouse with each child.  The evaluation will include an analysis of each party’s ability to work together to resolve disputes, and other psychological and emotional factors.

This evaluation can have a significant impact on the child custody and parenting time orders ultimately issued by the Judge in your case.  If you are facing a potential child custody evaluation you should have the strong and experienced legal representation of Burke & Domercq.

When you can’t agree upon child custody during a North County San Diego divorce a decision will ultimately be made for you by the court.  This must occur before your divorce can be completed.  It is in the best interests for parties to learn to work together, even through areas of disagreement.  This will impact the experience of the divorce itself, as well as your quality of life after the divorce is completed.

The experienced and Family Law Certified Specialist divorce attorneys at Burke & Domercq can help with difficult circumstances.  We work to build a positive and constructive negotiation with all parties whenever possible.  We fight when necessary to protect our client’s goals and objectives.

If you are concerned about child custody or the parenting plan in your divorce, or are working with a former spouse who is emotional, argumentative or vindictive we can help insulate you and bring a more effective tone and productive process to your divorce.  We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.