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Do parents determine custody or does the court?

If you are in the planning stages of divorce, your primary concern is likely to be your children. You may wonder who will determine custody. The answer is that the process you choose ultimately dictates who will define custody arrangements. Keep in mind that choice will naturally include you and your spouse in reaching a decision.

If you submit your divorce petition to the court and keep the divorce decisions for a judge to determine, that is primarily what will happen. Predicting who the judge ultimately decides gets custody or which type of custody he chooses for each parent is not a guarantee but most judges follow a pretty basic standard, and numerous common principles are employed in order to determine a custody plan.

If you opt for an out-of-court process, the parents can lay out a plan and have it approved by a judge. Parents employ the assistance of their attorneys, any counselors and mediators that may be needed and take their input to shape a custody and visitation plan that works for the parents and is best for the children. The custody and visitation plans can be concluded in an informal settlement agreement or over a schedule of one or several mediated appointments. As long as both sides can establish and agree on a plan for the time allotment with the children, this can be very effective since only the parents know the true situation and the caveats a judge may be unaware of.

In either case, you will benefit from a family law attorney working along side you, particularly one practiced in mediation and California divorce proceedings.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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