One of my primary goals when helping a client is minimizing the conflict and cost associated with their divorces. To do this it is important to consider alternatives such as mediation.
If you are considering or are in the middle of a divorce it is important to understand every option you have. As part of your divorce you will be required to resolve child custody, support and how to divide your community property. Mediation may offer its own challenges, but if you are open to the possibility you may find a more personal result at a fraction of the cost.
In recent years mediation has come to play an important role in numerous areas of law including family law and divorce. This was probably inevitable as the courts continues to be bombarded with an unending caseload and court budgets continue to be cut. The courts work very hard to give everybody the time they deserve, but due to a lack of resources and time, judges are pressured to move through cases quickly.
Mediation offers an alternative to this approach which may be impersonal and costly. There will be issues common to most divorces, but there will also be some unique to you. The court will try to understand your case, but they cannot understand the nuances of your family that only become evident after living together for years. This day to day knowledge makes you the best candidate to decide how to meet the needs of your family. Mediation allows you to do exactly that. You can consider the special needs of you and your children to find creative solutions to your custody, support and property issues.
Mediation may not be perfect for every case, but I believe that it should always be considered before moving on to more hostile and expensive methods to resolve your divorce issues.
Showing posts with label child custody. Show all posts
Showing posts with label child custody. Show all posts
Tuesday, March 2, 2010
Friday, February 26, 2010
Domestic Violence and Child Custody
Child custody is an incredibly important decision and when there is a history of domestic violence the decision becomes even more important. I am going to address the issue of child custody when there has been a history of abuse by looking at a hypothetical situation.
A husband and wife with a five year old child are going through a divorce. There is a history of domestic violence. There are numerous police reports about calls the wife made after being abused. During the divorce the mother brings up the domestic violence in her bid for sole custody.
The father finds himself at risk of losing custody and visitation with his child. The courts presume that an abusive parent should not be awarded joint or sole custody. The courts look at the best interest of a child, and the most important factor is the safety and welfare. An abusive parent is presumed to be a risk to the child’s best interest.
It is tremendously important and difficult for parents in this position. The mother is obviously worried the abuse aimed at her will now be turned toward her child and the father does not want to lose custody of his child.
At this point the father will not be awarded custody unless he can prove the child is not at risk. It may be very challenging and the father will be forced to analyze why his past of abuse does not put his child at risk. The court is looking only at the best interest of the child and unless the father can convince the court the child would be safe.
One example where the father may be able to overcome the custody presumption is that the abuse was the product of mental illness and he has since been diagnosed and medicated. Since beginning treatment there have not been any other events. There are other possibilities, but it is the fathers job to prove he does not create a risk to the child.
A husband and wife with a five year old child are going through a divorce. There is a history of domestic violence. There are numerous police reports about calls the wife made after being abused. During the divorce the mother brings up the domestic violence in her bid for sole custody.
The father finds himself at risk of losing custody and visitation with his child. The courts presume that an abusive parent should not be awarded joint or sole custody. The courts look at the best interest of a child, and the most important factor is the safety and welfare. An abusive parent is presumed to be a risk to the child’s best interest.
It is tremendously important and difficult for parents in this position. The mother is obviously worried the abuse aimed at her will now be turned toward her child and the father does not want to lose custody of his child.
At this point the father will not be awarded custody unless he can prove the child is not at risk. It may be very challenging and the father will be forced to analyze why his past of abuse does not put his child at risk. The court is looking only at the best interest of the child and unless the father can convince the court the child would be safe.
One example where the father may be able to overcome the custody presumption is that the abuse was the product of mental illness and he has since been diagnosed and medicated. Since beginning treatment there have not been any other events. There are other possibilities, but it is the fathers job to prove he does not create a risk to the child.
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