The majority of Divorces in California are those that involve children. The challenge in these Divorces is to agree on a parenting schedule as well as a support plan.
The issues of custody, visitation and support can be agreed upon by a Marital Settlement Agreement or a Stipulated Judgment. These documents detail the issues and are typically filed with the final paperwork in the court. In the vast majority of cases these documents will avoid a court appearance. Your Divorce Lawyer can prepare these documents. Depending on the issues, the agreements may include the following:
- A parenting schedule which may include the specifics of custody & visitation such as which days the children will be with each parent, holiday schedules, birthday schedules & other schedules as needed
- A support plan based on the number of children, the time spent with each parent and the amount earned by each parent; there may be other factors
- Other issues such as spousal support or division of property & debt etc. may also be addressed
If parents cannot agree on a parenting schedule, the courts will provide mediation to help the parties come to an agreement. However, if the parents cannot come to an agreement after mediation, the court may request the following:
- Attorney representation of children. This is called ‘minor counsel’ and can be costly.
- An evaluation of the family members; there are 2 kinds of evaluation–a mini evaluation and a full or ‘730 evaluation‘. This can also be costly.
If at all possible, it is best to avoid these options by agreeing on a parenting schedule. Your Divorce Attorney will advise.
Ultimately, the judge will make a ruling based on the specific facts of the case if the parents cannot come to agreement.
For more information on a Divorce with children contact Legal Action Workshop at 800-HELP-444 (800-435-7444) or visit www.LegalActionWorkshopLAW.com .
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