When Californians think of divorce, they often think of legal issues that are hotly contested, such as property division, alimony, and child custody. While these issues are often resolved through negotiations before litigation occurs, a divorce settlement is not necessarily permanent. Oftentimes couples have to return to court when one of them seeks some sort of modification.
To see just how specific these issues can become, one need only look to a recent case involving a high school student and his parents. In that case, the child's mother, who holds sole physical and joint legal custody over the child, allowed the 17-year-old child to continue to play football despite the fact that he had suffered multiple concussions. The child's father is now seeking sole legal custody, especially with regard to the child's extracurricular activities, in hopes of pulling him off the field. The court ordered the family to participate in mediation in hopes that the matter can be resolved without litigation, but the child's father doesn't believe any progress will be made.
The child's father decided to take legal action after researching head trauma and the effect it can have on a child. He and his attorney claim that removing the child from the football field protects the child's best interest, which is an argument that may go a long way since courts tend to make family law decisions based on what furthers a child's best interests.
It could be a while before we hear the outcome of this case, but it serves as a great example of just how specific family law disputes can be. Regardless of the exact matter at issue, spouses and former spouses who find themselves at odds need to consider how best to protect their and their children's legal interests. To do so, many decide to turn to an experienced attorney who can help them advocate for their position.