Child custody disputes are never easy, and if you and the child’s other parent feel locked in disagreement, it can be hard to know what to do. A child custody lawyer in San Diego, CA with experience in this process can do a lot to help you resolve conflict.
How a Child Custody Lawyer Can Help Resolve Disputes
Explaining Legal Rights and Options
The first way that your lawyer will help you is simply by clarifying what the law says and how that pertains to your situation. You’ll need to understand the difference between having physical custody and legal custody: one determines where the child lives, and the other determines who makes decisions in the child’s life.
Your lawyer can also lay out for you all the options that are before the court in terms of joint or sole custody, and your lawyer will also explain not only how the courts prioritize the child’s best interest (which is the standard that the courts must use) but also how this will pertain in your specific situation. All of this will help to reduce confusion, which often fuels disputes, and allow you to set realistic expectations.
Gathering Evidence to Support Your Case
Whatever you’re arguing for in terms of custody, you will need to be able to present solid evidence backing up your request. This could be anything from school records that show how you have been involved in your child’s life and education to medical documents that show your discussions with your child’s doctor. Your lawyer might also interview teachers or neighbors who can testify about your relationship with a child.
Whatever the evidence in question, the point is for your lawyer to build a very clear picture of the situation so that you can make decisions based on facts and discuss all these issues from a position of strength.
Drafting Clear Custody Agreements
It’s always best when a couple can come up with their own custody agreement. So long as the court believes this is in the best interest of the child, it is likely to sign off on such an agreement. The trick is, obviously, actually coming to that agreement.
A lawyer can help you by creating a detailed custody agreement that’s designed from the ground up to prevent misunderstandings. The agreement should not be general: it should be highly specific. It should include exact pickup times and places, holiday schedules, rules for how communication should go between you and the other parent, details about how to handle school breaks or extracurricular activities, and what you’ll do if there’s any kind of medical emergency. When everything is specific like this, you greatly reduce potential conflict points for the future.
Negotiating with the Other Parent
Coming to an agreement is going to involve negotiation, and one of the things your lawyer can do for you is act as a negotiator and help you find common ground. Your lawyer will meet with the other parent’s lawyer and talk through compromises that work for both of you. Your lawyer is on your side, but your lawyer is also emotionally separate from the situation. This means your lawyer can keep a calm and professional approach throughout so that talks remain focused on the child’s needs and personal issues don’t become factors. This often goes a long way to resolving disputes.
Preparing You for Court Appearances
If your dispute actually does reach the court, your lawyer will help you prepare for this so you can present your concerns and desires confidently. The lawyer can coach you on how to answer whatever questions the court may throw at you while keeping yourself focused on your child’s well-being and needs. Your lawyer can also explain to you all the rules and procedures of the courtroom so that you feel prepared and make a good impression. Not only will this help you make a good impression, but it will also help you personally by reducing anxiety.
Filing Motions to Address Urgent Issues
Sometimes, a dispute requires fast action. If the other parent is trying to move with your child, for example, you can’t just let that happen. A lawyer can help you here by filing emergency motions so that the court will quickly step in. This means writing out legal arguments explaining why the move is harmful to the child or disruptive to the agreement that you have with the other parent for custody. It will require evidence, but the most important thing is it will require fast action.
Coordinating with Experts
All kinds of experts have the potential to be helpful in your custody case. These might be experts like child psychologists or medical professionals, if your child has a physical disability; accountants or other financial experts if the concern is about your ability to care for your child or needs for child support; and more. The testimony of these experts can go a long way towards defending your requests for custody and showing why they’re in the best interest of your child. And because these sorts of experts are third parties that are neutral in the situation, their opinions tend to carry a lot of weight with the court. Your lawyer will have a network of such experts to draw from who can help with your case.
Modifying Existing Custody Orders
Sometimes custody orders just need to be changed, but any sort of change to a custody order is a potential spark for a new dispute. Having your lawyer handle the request for the change is the best way to get things done smoothly. Your lawyer can help you evaluate what changes there have been in your circumstances or the circumstances of your child, gather the evidence needed to prove these changes, and then use it to show why a new arrangement is going to be in the best interest of your child. Your lawyer can do this without unnecessary delays and without provoking any unnecessary conflicts due to confusion.
Protecting Against False Allegations
It’s not unheard of for one parent to make false claims about the other parent in the midst of a heated custody dispute. A parent who is desperate to get custody may accuse the other parent of neglect or even abuse. If that happens to you, you’ll need a lawyer who can defend you by knowing exactly what evidence the court will look for to disprove these allegations and then gathering it and presenting it clearly to protect your reputation and keep things focused on your child’s needs.
Advising on Communication Strategies
Lawyers are communicators by profession, and your lawyer will have suggestions for how you can talk to the other parent without getting into arguments. There are lots of options available these days, especially electronically, that allow you to talk to another person without having to see one another in person. And if you can’t talk constructively even over email, there are co-parenting apps. Your lawyer can also help you understand how to keep a conversation polite and focused on your child, and just lower the overall temperature.
