In California, as in every other state, the facts of each divorce are unique to the particular parties and circumstances. Some divorces do not deal with child custody because there are no children, the children are adults or the parties have already established a resolution of those issues. Where the matter does require the resolution of conflicts over child custody, the divorcing parties must discuss their goals and aspirations regarding the children in detail with their respective family law attorneys.
In the child custody arena, planning in advance and getting prepared for one's strongest presentation is critically important. This applies where the parties have not already communicated an agreement to their respective attorneys. In California, public scrutiny of unresolved child custody conflicts are often publicized because they pertain to certain popular celebrities.
One recent case involves the divorce of tv personality and singer Tamar Braxton and her husband, Vincent Herbert. She has filed for divorce after nine years of marriage. The couple have one child, a 4-year-old boy. Early reports indicate that this is one of those cases where the parties are still unresolved on the child custody and visitation front, necessitating further court proceedings to obtain a resolution.
A spokesperson for Ms. Braxton stressed the importance of maintaining the well-being of their son during the "extremely unfortunate" process. The statement requested that their privacy be honored. Braxton has asked the court for primary physical custody with visitation to the father. The divorce also seeks joint legal custody.
In that respect, the child custody issue may or may not turn out to be contentious. If the father is satisfied with joint legal custody and an award of visitation, the matter may be resolved prior to the need for a trial. Much may depend on the history of parenting that the parties have experienced together, and whether there remains intransigent conflict to be resolved. The inclusion of a child custody count in a California divorce action may not indicate that a trial is absolutely necessary; instead, it may reflect the need for further negotiations between the parties to iron out remaining issues that are negotiable.
Source: eonline.com, "Tamar Braxton Files for Divorce From Vincent Herbert", Corinne Heller, Oct. 25, 2017