Family Matters.
When It Really Matters.

Child Custody and Parenting Time Before a Divorce

On Behalf of | Jan 3, 2020 | Child Custody and Visitation

What do you need to know about child custody and parenting time before a divorce in Carlsbad?  Are you considering a divorce now that the holidays are over? Have questions in your mind turned to that feeling deep down that ending a marriage may be inevitable? Do you have children? Issues regarding the children carry some of the most emotional and legally challenging aspects of any divorce in North County or Carlsbad.  It is important to carefully reflect on aspects of child custody and parenting time before making your ultimate decision regarding the disposition of your marriage.

One of the first questions to consider is “What is your present relationship like with the person with whom you would co-parent or potentially share custody?” Are you able to have calm, candid conversations in a fairly calm and productive manner?  Will the best interests of the children be strong enough for each of you to set aside the issues between you as adults as you approach discussions regarding child custody and parenting time?

It is important to know two important pieces of information when you start to think about child custody and parenting time before a divorce in California.  The primary legal consideration in these cases is “what is in the best interests of the child(ren)?”  Absent extreme cases involving criminal activity, domestic violence or alcohol and drug dependency California law establishes it is almost always best for a child to continue to have “frequent and continuing contact” with each parent after a divorce.

It is important to consider the existing rhythms in your children’s lives.  This involves normal routines around day care, school, religious practices, extra-curricular activities and even aspects such as health care.  California courts prefer to lessen the impact of the divorce upon these existing rhythms.

An effective child custody and parenting plan is focused upon the children, and maintaining as much of their existing lifestyle as possible while dividing the time appropriately between their parents to support this objective.

Will your soon to be former spouse work cooperatively to find common ground and work to find a solution which meets your own goals and objectives?  What happens if the two of you have much different pictures of how child custody and parenting time should be established?

It is important to give careful consideration to these issues before beginning the process of a divorce.  The time associated with your divorce and the cost of the divorce itself are closely tied to the amount of disagreement in these and other issues involving community property, child and spousal support and even the ownership of a business interest.

Wouldn’t you like to have the advice and counsel of Certified Family Law Specialists who have successfully helped hundreds and hundreds of others through this process over the past several decades here in Carlsbad and North County?  We invite you to review the recommendations of our clients and the legal industry, and contact us or call 760-389-3927 to schedule an appointment to sit down and begin to discuss your unique circumstances.

Thinking about child custody and parenting time issues before a divorce can help the process to go much smoother if and when the time arrives.