Issues That Can Lead to Child Custody Disputes

Disagreements during divorce are rarely pleasant, but some of the least pleasant — and potentially damaging — involve those related to child custody and visitation. Most divorcing parents try to make the process as stress-free for their children as possible, but even disagreements behind the scenes can take a toll on the parent-child relationship. Child custody disputes arise for many reasons, but some of the most common the lawyers at our Stockton child custody law firm see are:  

Relocation 

Many former spouses move away from each other after a divorce. But that process can get significantly messier when there are children involved. When parents have joint physical custody, the parent who wishes to relocate with the child must show that doing so is in the child’s best interest, which can often be difficult to do. In many cases, the other parent will object strenuously to the relocation proposal. 

Changes in Circumstances 

Life moves pretty fast, and those changes can have a big impact on child custody arrangements. For example, if one parent gets a big promotion and doubles the number of hours they work, the other parent may argue that the custody agreement needs to be modified. Or, as commonly occurs, if one parent begins a new relationship with a person the other parent does not like, the other parent may argue that physical custody is no longer in the child’s best interest. 

Allegations of Unfitness 

Custody must be in the best interest of the child, and one way parents try to prove that custody is not in the best interest of the child is to show that the other parent is unfit. California family law courts look to a variety of factors when determining parental fitness, including the health, safety, and welfare of the child, whether there is a history of domestic violence, and drug or alcohol use. While the bar for stripping a parent of custody is pretty high, the mere allegation of unfitness can result in an embarrassing dispute. 

The Child’s Wishes 

You might be surprised to learn that a child’s preference in custody and visitation matters does carry weight in some circumstances. Under California Family Code 3042, courts are required to consider a child’s wishes if the child is “of sufficient age and capacity to reason so as to form an intelligent preference.” But even if a child does not meet that definition, a recalcitrant child is a serious aggravating factor and leads to disagreements where previously there were none. 

Parental Alienation 

Parental alienation occurs when one parent attempts to turn the child against the other parent. Not only can parental alienation cause serious rifts between a child and the target parent, it can also erode relations between the parents themselves, which is bad news for child custody negotiations. 

Overcome Your Obstacles by Working With Our Stockton Child Custody Law Firm 

If you’re facing a child custody dispute, you should consider speaking to an attorney who has experience helping their clients reach mutually beneficial agreements. To get started, please contact an attorney at the Stockton child custody law firm of McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.