Shielding Your Child From Emotional Trauma During Divorce

Posted by: Gerald A. Maggio, Esq.

child custody mediation Orange County; California Divorce MediationParents are terrified of how divorce affects children. This is most acute during the process of divorce. In fact, the fear of something bad happening to the children is the reason most unhappy marriages persist longer than they should. It can be constant struggle to consider what is best for the kids. Both parents seek the optimal way to guide them through the navigation. For both the parents and the children, the whole process may appear like an unending struggle. However, there are ways to minimize the negative impacts a divorce could have on the kids. It is important to make the transition much more positive. 

Amicable alternatives

Selection of mediation or opting for a collaborative approach will result in decreased contentiousness. It will probably make the process quicker. It means that the children will not be exposed to more uncertainty and acrimony.  This is because the standard litigation system can only be described as adversarial. You will fight your spouse from the beginning. It is an excellent idea to hire a better lawyer so that you know your rights. However, when you opt to mediate with your ex, then it results in better co-parenting. A mutually agreed plan can be developed- and not left to the courts to make a decision.

The litigation system cannot be a good avenue to take revenge or punish your ex. If you want to litigate when there is no need to, expect some heavy expenses. Your children will also be much worse off. Be parents first and the mediation process will help children to enjoy a smoother and quicker transition to new reality.

Protect children from painful experiences

Children can find it extremely difficult to adjust to two separate homes. When the children are staying with you, help them by having fun and doing activities they love to do. Do not push for details on their ex and dwelling on divorce. Most importantly, your children should not see you two having a fight. Do not use them as kind of messengers between you and your ex. Do not speak badly about the other parent. If you do, your children will suffer from stress and the circumstances will not be beneficial to the relationship or the well-being of your child.

It is also an excellent idea to seek the help of a good therapist for the children. It can make a big difference in dealing with anger and resentment issues.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

Grounds On Which Child Custody Orders Can Be Modified

Posted by: Gerald A. Maggio, Esq.

child custody mediation attorneys Orange County; California Divorce MediatorsOne of the most important things that parents have trouble dealing with during a divorce is child custody. Custody plans are made based on the current situation of the parent. It includes things like visitation time and agreements based on the child’s preference.

However, situations can change any time and then it becomes difficult for parents to stick to the original custody plan. At times like these the custody plan is subject to modification provided the court allows it.

Below is a list of the grounds based on which child custody plans can be modified.

Relocation

Relocation can happen for either of the parent at any point of time. Relocation is one of the major grounds on which custody plans can change. But that depends on the state. In California, there are travel restrictions for parents but if the relocation is unavoidable, the court allows the parent to change the custodial plan.

Relocation does not mean that the custody of the child will get transferred from one parent to the other. The court makes sure that the child stays in touch with both parents.

Unhealthy environment

A change in custody pans is often requested when one parent feels that the other is not providing a good environment for the children. However, the parent making the claims must provide proof and substantial evidence that the environment provided by the other parent is indeed bad.

An unhealthy environment means a parent who moves frequently, does not hold a steady job, has too many relationship and is misbehaves with the children.

Child’s preferences

California courts always take the child’s preference into consideration before passing a judgment. In fact, it is the single most important factor that determines a custody battle and custodial plan. When a custodial plan is changed, the court looks at the situation of the child and determines if changing the situation will have any effect or not.

Conclusion

Creating and maintaining a child custody plan is an important job for divorced parents as their children are at the center of it. A child custody plan can be changed anytime depending upon the situation of the parents and the children. A California court always takes the child’s preference into account and decides whether the situation will be beneficial for the child or not. A parent’s relocation and an unhealthy environment are the top reasons for the change in child custody plans.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation