Get Full Custody of a Child Without Going to Court
Going to court for child custody matters can be long, expensive, and stressful. Here’s how to get full child custody without going to court.
To get full custody of a child without going to court, parents can settle custody and visitation terms in mediation. Schedule a mediation session, set sensible goals, then gather evidence to support those goals. To be eligible for mediation, the responding spouse cannot contest the terms of the divorce petition.
Can you get full child custody without going to court?
A parent can get full custody of a child without going to court through mediation. In child custody mediation, custody and visitation agreements can be agreed upon and drafted outside of court, then submitted to a judge for approval.
Child custody is a parent’s legal right to see or make decisions for their child. California courts ultimately uphold the child’s best interests. A judge can either decide what custody order would determine the child’s best interests in court, or approve a custody agreement reached and drafted by the child’s parents in mediation.
However, child custody can only be determined outside of court if the responding spouse did not contest the divorce petition. If the respondent contested the divorce, you’ll need to go to court to settle custody terms.
Go to Mediation to Seek Full Child Custody Without Going to Court
Mediation is a great way for parents to settle child custody terms without going to court. In mediation, parents work with a neutral, third-party mediator that helps reach a mutually satisfactory custody agreement. The mediator can help the parents make a parenting plan, which each parent’s schedules and responsibilities in taking care of the child.
In mediation, both parents will negotiate custody terms until an agreement is reached. Then, a custody and visitation agreement is drafted and submitted to the court for a judge to sign. Agreements reached in mediation are not legally binding or enforceable until signed by a judge.
If you’re looking to get full custody of your child without going to court, it may be in your best interest to set up mediation. Contact Her Lawyer to get in touch with one of our experienced divorce and child custody mediators.
Bring an Attorney
To get full custody of a child without going to court, bring an attorney to mediation, or have them advise you outside of court. Some parents hire an attorney to represent them in the actual mediation session, while others prefer to be advised outside of mediation and be in the session with just the mediator and their child’s parent. You can ask your attorney what to expect in child custody mediation.
California’s child custody laws are complex, and an experienced child custody attorney can help you protect your rights and win custody outside of court. If you want to get in touch with an experienced attorney in your local area, contact Her Lawyer to get in touch with one of our skilled child custody lawyers.
Set Sensible Goals
A parent in mediation can get full custody of their child without going to court by first setting sensible goals. Think about the exact custody terms you want, then make a list of your nonnegotiables and trivial preferences. If push comes to shove, let your child’s parent win less-important differences while you take home the nonnegotiables.
Gather and Prepare Evidence
Then, gather and prepare evidence to support your goals. Any claim you make in mediation should be backed by proof; this will strengthen your case and likelihood of getting full custody of your child without going to court. Collect, review, and organize any documents relevant to your custody case. If, for example, you’re claiming that you’ve picked up your child from school on time every day, get a written statement from a teacher that confirms your responsibility. You ultimately want to prove that you’re fit to parent, so bring any and all evidence that demonstrates so. The mediator will guide the discussion in a way that they believe protects the child’s best interests and balances parental rights.
Draft and Submit a Custody Agreement
Once you’ve reached an agreement that gives you primary, sole, or full custody of your child, the mediator or an attorney can draft a final custody agreement. This agreement will clearly state the terms agreed upon in mediation. Once drafted and reviewed, the custody agreement will be sent to a judge for approval. The custody agreement is not legally enforceable or binding until signed by a judge.
Contact Us
If you want to get full child custody without going to court, contact us. We’ll get you in touch with the most qualified attorney or mediator for your unique legal matter. Your first consultation is free. We’re here for you 24/7.