How To Get Full Custody of a Child Without Going to Court in California

Tabloids and television shows would have us believing that all child custody matters are contentious court battles in which ex-spouses yell at each other and try to prove the other is an unfit parent. And while that may not always be the case, navigating the process of gaining full custody of your child can indeed be emotionally taxing and complex.

It doesn’t need to be that way. There are options for gaining full custody without the stress and expense of going to court.

California’s Child Custody Laws

Serving the child’s best interests is the court’s primary goal when determining custody. Therefore, the judge will consider the following:

• The child’s age, health, and emotional ties to each parent
• Parents’ ability to care for the child
• If there is a history of abuse, neglect, or domestic violence
• Preserving continuity in the child’s schooling, community, and family connections
• The child’s preferences, depending on their age

Why Would One Parent Give Full Custody to the Other Parent?

It may seem surprising that a parent would willingly give up custody of their child, but there are actually several reasons why this may occur:

1. The parent may believe that the other parent can provide a more stable environment for the child.
2. Joint custody may be too challenging for one parent due to work, health issues, or other commitments.
3. The parents have a cooperative relationship and agree that one parent having full custody is in the child’s best interest.

Determining Child Custody Through Mediation

One of the most effective ways to avoid court is through mediation. A neutral third party works with you and the other parent to facilitate communication and negotiate an agreement that works for everyone.

Mediators are skilled in conflict resolution and can provide a structured environment to discuss sensitive issues. Mediation is generally less adversarial and stressful than court proceedings. It can also save time and money. The couple meets according to their schedule instead of waiting for a court date, and they don’t have the expense of hiring attorneys or court fees. Mediation also allows both parents to have a say in the final agreement rather than having a judge decide.

Child Custody Negotiation Tips

Even with good intentions, child custody discussions can become heated. Therefore, you may want to keep the following ABCs in mind:

Always prioritize the child’s needs and well-being

Be open to compromise in order to reach a mutually acceptable agreement

Communicate honestly and clearly to prevent misunderstandings

LPEP Law Offers Mediation Services

Gaining full custody of a child without going to court may be difficult, but it’s not impossible. It can also be more beneficial for everyone involved. At Lonich Patton Ehrlich Policastri, we understand that child custody is a deeply personal matter. We offer mediation services and have helped San Jose and the greater Bay Area families resolve custody issues without court interference. 

There are several options for gaining full custody of your child without going to court. Contact us for a free consultation by calling (408) 553-0801 to discuss what option is best for you.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.