San Jose residents who are getting a divorce will be able to either have a contested or uncontested divorce. We at the Law Office of Lily L. Huang will explain how these options can affect child custody matters.
With uncontested divorce, matters of child custody will be figured out between you and your spouse. You can rely on a third party mediator as well to help things out. You will also need to figure out things like holiday schedules, visitation schedules, and even child support payment plans. Because you must do all of this without court intervention, it can be tricky to accomplish. However, it will allow you to bypass a lot of the complex and expensive portions of legal battles.
Contested divorce, on the other hand, does require the oversight of a judge. You must present your case and be prepared to argue for your side to prevail. The judge will determine matters like child custody, visitation schedule arrangements, and even the amount of child support pay for you. This will be determined based on what the judge hears of both you and your spouse. They will use that information to make a decision based on what is in the child's best interest.
If you are dealing with a situation in which child custody matters need to be sorted out, take a look at our web page on custody, linked here. Speaking with an experienced attorney can help you decide what options will be best for your unique case.