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Orange County Family Law Attorney

Avoiding a Custody Battle

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Most divorcing couples no longer have a healthy relationship with their spouse. When attempting to work through a divorce amidst a shattered relationship, it can feel impossible to resolve divorce related issues outside of a courtroom. If you are in this type of tense situation and you are looking at a divorce, try to focus your efforts to agree on custody first. The custody battle played out in the family courtroom should be avoided if at all possible.

Why Is It Important to Avoid a Child Custody Battle?

1. When the court decides on child custody, it can be expensive, unpredictable, and stressful for all parties involved.

2. The resolution decided on by the court may not be the ideal scenario for you and your family.

3. It is the most stressful scenario for the children and can have significant side effects for them.  

4. Child custody battles resolved by the court often result in rigid, inflexible custody orders that can lead to significant and on-going conflict.

Numerous reasons support the theory that it is best for divorcing couples to focus first and foremost on avoiding child custody battles, but knowing you wish to avoid it and doing so are not the same thing. How do you actively seek to avoid the expenses, stress, and hardship often associated with taking child custody disputes to the court?

When trying to avoid a child custody battle, it is important that you actively consider all the options for resolving the dispute on your own or with a mediator outside of court. Some proposed solutions may inspire a knee jerk refusal when a longer, more thoughtful consideration could lead to a resolution or at least generate an alternative or compromise that furthers negotiations on the issue.

When a judge is needed to issue a court order to resolve custody concerns in a divorce, parties involved will usually need legal representation. The custody battle often requires that one or more experts provide testimony, perform custody evaluations, offer expert opinions, etc. In some divorce cases with extenuating child custody circumstances, experts and evaluations can cost tens of thousands of dollars. The emotional drain associated with child custody battles is exhausting and embarrassing. Divorce cases that have to be resolved by the court come with a surprising lack of privacy. The private lives of parties involved are basically on display in the public courtroom. Any past behavior can be shared if it could be used as a reflection of character, mental health issues (current or past), etc. Almost anything is fair game for the opposing side to present to the court in an effort to further their own argument for custody.

If you have questions about how to avoid a California child custody battle or if you are in the midst of a child custody battle and you need an experienced and knowledgeable divorce attorney to be your advocate, please get in touch with The Maggio Law Firm today. 



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