In the past, it was essentially a given that the mother would receive custody during a divorce. This is no longer the case. Family courts are now gender neutral, which means that the judge can’t take gender into consideration making custody decision. They no longer assume that the mother is the natural choice for custody. Read on to learn more about how a father may be eligible for child custody in California and then reach out to Kendall Gkikas & Mitchell at 909-482-1422 for more information.
Coming up with your own parenting plan
When parents divorce and there are minor children involved, the best scenario is one in which the parents can come up with a child custody agreement on their own. If they’re able to do so, then they create what’s known as a Parenting Plan and sometimes referred to as a Time-Share Plan. This plan will cover everything from child custody to child visitation.
Mediation for child custody
In the event that both parents feel very differently about who the children should live with, then other steps will have to be taken. If the father feels there’s a valid reason that the mother shouldn’t have custody, then he’ll want a family law attorney to make his case. This would include situations in which the mother has substance abuse issues, can’t afford to care for the children, has a mental health issue, is suicidal or homicidal, is in jail, is abusive, or has a history of child neglect.
In the event that there’s no glaring reason that the mother shouldn’t have custody, or that the father shouldn’t have custody, and the parents can’t agree on custody, then the next step is mediation. In California, it’s mandatory before you see a judge for a custody dispute. The goal of mediation is to help the parents come to an agreement on their own. The process involves an unbiased, experienced mediator who can help the parents find common ground and agree on a custody plan.
The goals of child custody mediation
There are many goals during the process of child custody mediation. The main goal is to help both spouses agree on a Parenting Plan that’s in the best interests of the child, that allows both parents to spend time with the children, and to get through some of those feelings of anger and resentment that are preventing agreements from being made.
If you have a child custody concern then you should reach out today
There’s nothing as important as your kids. You need an attorney who will fight aggressively for the best interests of those children. That’s what you’ve found in Kendall Gkikas & Mitchell. We believe that the children belong with the parent who’s most fit to care for them, whether that’s the mother or the father. To learn how you can proceed with your case, contact our offices at 909-482-1422 and set up an appointment.
