Discussing child custody with your spouse may be difficult but it is a necessary part of getting divorced. While it is best to work out a parenting plan with your spouse, it is not always possible to reach an agreement. If that should happen, you will have to petition the court to approve your version of child custody and/or visitation rights. However, judges generally prefer to approve parenting plans rather than bring a child custody battle to court. In a parenting plan, both parties have equal say about which parent the child will live with as well as the visitation rights of the other parent. But, when you simply cannot reach an arrangement with your spouse, you will need to petition the court for a contested hearing.
Once you have petitioned the court to intervene on your behalf, the final decision will be placed into the hands of a judge. This is why many family law attorneys recommend that you should work hard on a parenting plan and get the approval of your spouse in order to avoid going to court and reaching an arrangement that neither party is content with. However, there are times where no amount of discussions will lead to a mutually agreed upon child custody agreement.
When this happens, contact Claery & Hammond, LLP to enlist the helpful guidance of a Los Angeles family lawyer from our office. Our firm will work to help you resolve your custody matters.