If you and your ex cannot reach an amicable agreement regarding the custody of your children it will need to be decided in court. While in court the judge has the responsibility of assigning custody of your children based on what is in their best interest. Determining the best interest for your children will require the judge to look further into various factors regarding where the child would be best suited.
Many people have the misconception that the mother will automatically get custody of the young children. California divorce law looks at both parents equally and will place the child in the care of the parent whom they deem to be in the “best interest of the child.”
If you and your ex choose to reach an agreement with one another the judge will often approve your agreement. If not, the judge may suggest mediation for you to work through your issues with one another in an attempt to reach an amicable agreement regarding custody of your children.
Please remember that your children are also struggling with this change in family dynamics. It is important to do what you can to ease the stress that this process may be creating. Talking with your child regarding discomforts or stress is helpful to ensure your child is emotionally healthy.
For further information regarding custody please contact Yanez & Associates. Call 714-971-8000 for your free initial consultation!