What if you Can’t Agree on Decisions for Your Kids After Divorce?
If you are unable to agree on decisions for your children after a divorce, you should speak with a child custody lawyer to find out what options are available to you. A child custody attorney can provide you with assistance protecting your right to have a say in the important decisions that affect your chid’s life. Your attorney can also provide you with help in resolving disagreements that may arise when you and your ex are co-parenting but not in a relationship any more.
Brown & Charbonneau, LLP has extensive experience helping clients with a wide variety of legal matters related to custody and childrearing after divorce.
We will help you to understand who has the authority to make decisions for children after divorce and we can also assist you in arguing for your preferred outcomes when important issues arise with your kids. Give us a call today to talk with an Irvine child custody lawyer who can help you.
Who has Authority to Make Decisions for Kids After a Divorce?
When you initially decide to separate, both parents still have rights to their children including the right to make decisions about what happens to their kids. Neither parent is allowed to unilaterally withhold custody or to make choices about custody on their own. If either mom or dad is trying to prevent the other parent from seeing the child or threatens to move away somewhere with the child, the other parent can petition for custody and try to prevent this.
As you move through the divorce process, you will need to come to an agreement both on parenting time as well as on who has decision making authority for your kids. You either have to create a parenting plan and arrangement on your own regarding decision-making authority or the court will do it for you. The Judicial Branch of California explains the process.
When you determine which parent will make decisions for a child, the parent who is given this authority is said to have legal custody. Parents can share legal custody or it can be assigned to one parent, such as a child’s primary caregiver. Once the agreement has been made on who has legal custody, that parent has binding authority to make decisions. If both parents share legal custody, then they will be obliged to make decisions together. If only one parent has legal custody, that parent can make decisions on his or her own without consulting the other parent.
The decision on parenting time and the decision on legal custody are both very high stakes decisions. They shape the level of involvement you will have in your child’s life and in your child’s upbringing. You should talk with an Irvine child custody lawyer for assistance in arguing for your preferred arrangement for parenting time and legal custody.
What if You Cannot Agree on Decisions for Your Children After Divorce?
There are times when parents cannot come to an agreement on decisions affecting their children after divorce. If this happens, the proper approach to take varies depending upon the situation.
If one parent has legal custody and the other doesn’t, then conflict among parents on important decisions doesn’t matter as much. The parent with legal custody will simply make his or her decision and the other parent will have little recourse. The parent who disagreed with the decision would have to accept it, or try to petition the court to change who has legal custody.
If parents share legal custody, it becomes more complicated to determine what happens when they disagree on decisions. If they truly cannot work out an agreement on their own, they should consider working with a mediator to come to a consensus. If they still cannot agree on a decision, they may be forced to go to court to have a judge decide.
How an Irvine Child Custody Lawyer Can Help
Brown & Charbonneau, LLP assists you in arguing for legal custody of your kids so you are able to ensure you have a say in their upbringing. We also provide you with help resolving disagreements when a dispute arises with your ex about a decision affecting your kids.
Whether you can work your disagreement out yourself with the help of an attorney or must explore mediation or litigation, our attorneys can help you to fight for what you believe is best for your children. To speak with an Irvine child custody lawyer now about your children, give us a call at 866-237-8129 or contact us online today.