Family Matters.
When It Really Matters.

Avoiding a Long and Expensive Custody Battle

On Behalf of | Jul 1, 2019 | Child Custody and Visitation

What are the best strategies for avoiding a long and expensive custody battle in your divorce?  Obviously, if you were in a healthy relationship with your former spouse you would still be married.  Child custody and parenting time issues are the source of many challenges in a North County or Carlsbad divorce.  However, there are also proven strategies to help you and your co-parent to work through things and reach an agreement which will work.

The greatest source of expense in a divorce is disagreement.  In order for your divorce to be completed, every issues associated with your divorce must be completely resolved.  Disagreement also contributes to the time it takes to complete a divorce.  Our Carlsbad family law courts carry a heavy docket and it can take weeks or months to get an issue before the court.  Taking a custody battle before the court removes your ability to influence or control the outcome of your case.  You are placing the matter in the hands of a total stranger (the Judge).  The outcome forced upon you as a result is most often unsatisfactory to both parties.

What’s the alternative?  Which door leads to the best future for you and your kids?  What are the keys to avoiding a long and expensive custody battle?  It is often hard to set aside personal issues with your spouse.  However, child custody and parenting time is about the best interests of each child.  The best interest of a child is the legal standard our Courts will follow.  California law is based upon the idea it is in the child’s best interest to spend roughly equal quality time with each parent.

If you and your former spouse are committed to the best interests of the children you will find a solution which works well for your unique circumstances.

Many couples are able to work through most of the issues of developing a parenting time schedule and other custody issues such as education, religion and extra-curricular activities.  Agree to set aside your own personal issues and think about the existing rhythms of your child’s life.  This is a time to be creative and a bit flexible.  It is better to give and take a little now, versus having the entire decision imposed upon you by the Judge.

The attorneys at Burke & Domercq work with our clients to help them to negotiate a resolution to areas of disagreement.  We have decades of experience in Carlsbad child custody and parenting time cases.  Our attorneys provide sound counsel and insight into strategies to resolve almost any schedule or challenge.

Mediation is an excellent option for those who are interested in avoiding a long and expensive custody battle.  Remember, those co-parents who are able to reach an agreement through negotiation or mediation are much more likely to follow through on it after the divorce.  Working with your former spouse on these issues helps to prevent the expense of post-decree litigation, and continued argument and stress following a divorce.

We invite you to contact us or call 760-389-3927 to learn more about avoiding a long and expensive custody battle or to schedule an appointment.