In California, courts generally seek to allow parents to have custody of their own children. In some circumstances, both parents may share custody of their children. In other situations, only one parent may be granted custody of the children. When one parent has custody of his or her children, he or she is known as the custodial parent. The parent who is not granted custody of the children is known as the noncustodial parent.
Divorces can be challenging. Even when Stockton couples agree that it is time to end their marital relationships, there can be a number of issues that arise over which the partners simply cannot agree. From how property should be divided to how the parents should spend time with their kids, even peaceable divorces can suffer setbacks when unexpected differences stand in couples' ways.
The state of California allows couples to end their marriages through both divorce mediation and traditional divorce litigation. Divorce litigation involves one or both parties to a marriage filing for divorce and the parties approaching the resolution of their divorce-related issues in the adversarial setting of the courtroom. Divorce mediation allows divorcing couples to find self-driven solutions to their end of marriage differences and treats negotiations as a cooperative practice.
When creating a child custody order, two Stockton parents may agree that they will transfer their child from parent to parent at 5 o'clock in the evening on their transfer days. However, if their order stipulates nothing else about the transfers, they may face confusion early on in their divorce. For example, where are the parents going to make the custody transfers? Is one parent going to do all of the driving, or are the parents going to take turns getting the child to and from the transfer spot?
Although mediation may seem informal, it is a legal process through which individuals may settle their differences and emerge with binding agreements that dictate how they will interact in the future. California couples may choose to use mediation to settle some or all of their divorce-related disputes. In particular, some couples choose to use mediation to set up plans for alimony.