Yes, it can be possible to reach a child custody agreement without court in California. Child custody agreements outline which one of the parents will primarily care for the child and make important decisions in their life.
When a parent has physical custody of their child, the child resides in their home. If a parent has legal custody, that parent gets to make important decisions regarding school, medical care, and religion for the child.
If a child’s parents want to, they can divide together who has what rights over their child. Parents can also decide to share joint custody, where they both have equal say over important issues in their child’s life.
It is important to put these agreements in writing and submit them to the court to ensure they are binding and enforceable. In other words, even though parents do not have to go into court to reach an agreement, they do need to have a judge review and approve the agreement.
Until this is done, neither of the parents will be able to legally make the other parent follow the agreement. To find out more on these processes and for help reaching a custody agreement in California without going to court, an individual should schedule a legal consultation in California.
In California, What Are Some Other Ways To Arrange a Child Custody Arrangement Outside of Court?
Under child custody law in California, parents are allowed to agree on child custody arrangements, or parenting plans on their own without having to go to court, as previously noted.
A parenting plan outlines details about custody of the child, which parent gets to make which decisions, custody and visitation schedules, and any other details the parents need to include for their unique situations.
These agreements can include which holidays each parent will have with the child, school pickup and drop-off, and other scheduling details. In some cases, these plans will also outline when other family members, including grandparents, are allowed to visit.
If there are other parties involved, issues such as grandparents custody can also be addressed. Even though it is ideal for parents to reach agreements on their own because they will be more inclined to follow them, it is not always possible.
The parents can agree on whatever details they are able and leave the rest for a court to determine, if necessary. Another option is negotiating through attorneys. Alternative dispute resolution (ADR) options, such as mediation, can also be helpful for negotiating agreements.
It is always important to have a lawyer review the agreement to ensure there will not be future issues with approval or enforceability. In addition, parents do not have to decide on every single detail, as they can update the agreement later if needed.
California lawyers can help parents reach child custody agreements, they can help negotiate agreements, and they can draft them in writing to be submitted to the court for approval. Any decision that a court makes involving a child will follow the child’s best interest standard. This simply means that the court will likely approve the agreement as long as it believes decisions were made by the parents that will be beneficial for the child.
Once the court has approved the agreement, the parents can get a certified copy from their local California clerk’s office.
Is Mediation an Option for Arranging Child Custody Outside of Court in California?
Yes, as noted above, mediation can be an option to arrange child custody outside of a courtroom in California. A mediator is a neutral third party who helps parents discuss issues and reach agreements on the details of their child custody agreements.
A mediator is not the same as a judge and does not take sides during negotiations. Instead, mediators help the parents discuss the issues they need to agree on and help them decide on all of the details they can.
Parent’s attorneys can also be present during these meetings if they want. For most mediations, the parties are in separate rooms and the mediator goes back and forth, sharing information and facilitating the parties reaching common ground.
There are several benefits of using mediation to reach a child custody agreement as opposed to going to court. Mediation typically costs much less, resolves the issues quicker, and allows the parties some control over their outcome.
If parents choose to try mediation, they are not required to reach any agreements. However, they can include any aspects of custody they agree upon into an agreement.
As noted above, agreements reached during mediation will need to be approved by a court. If the agreement needs updating at a later time, the parties can agree again or return to court for the judge to decide. All updates and changes will also need to be approved by the court.
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In California, Is Arbitration an Option for Arranging Child Custody Outside of Court?
Yes, in the State of California, arbitration is also an option to arrange child custody outside of a courtroom. Parents can agree to participate in this process instead of going to court to have a neutral third party make a decision for them.
Arbitration is more similar to court than mediation but is still much more relaxed. The arbitrator will listen to what both sides have to take, consider their arguments, and issue a binding decision.
With arbitration, both parents can have witnesses and ask the other parent’s witnesses questions. They can also share documents with the arbitrator, typically much more than what can be admitted in court.
It may be possible for the parents to appeal if they are not satisfied with the outcome for some reason. It is typically a rare situation, but a judge can sometimes review an arbitrator’s decision.
Examples of ways this may arise include if the arbitrator engaged in misconduct, was biased, or there was fraud on the part of one of the parties. Arbitration can save parents time and money.
However, it is typically more costly than mediation. It is still typically cheaper than going to court. Because arbitration is more formal, it may take a bit longer than mediation but will be faster than court.
Do I Need an Attorney for Help With California Child Custody Matters?
If you and your child’s other parent need to create a custody agreement in California, it is important to consult with a California child custody lawyer. Your lawyer can give you advice about the different ways you can reach an agreement, explain the different options in detail, and represent you during any negotiations and court appearances.
You can use LegalMatch for free today to get started finding a child custody lawyer near you in California who can help you reach a child custody agreement with your child’s other parent. It will only take you around 15 minutes to submit your question or concern on the website to get matched with pre-screened and licensed California attorneys.
These responses you receive from LegalMatch member lawyers will include information about each child custody lawyer’s education, background, fees and costs, and reviews from other clients. Many member child custody attorneys may also offer free consultations, or initial meetings, where you can discuss your concern and see what the attorney advises you to do.
