San Diego Divorce Attorneys BlogI have discussed on this blog many times how the most difficult job a Family Court Judge has is making custody orders. Property and support can be legally or technically difficult, but they will never compare to the emotions of making custody orders. Never is this task more difficult then when one of the parents comes to court requesting emergency custody orders.
Articles Posted in Custody and Visitation
In the Child’s Best Interest
The Oklahoma Supreme Court issued a decision on November 17, 2015 in the case of Ramey v. Sutton in which the biological mother in a same sex relationship wished to cut ties between her partner and child after their break-up which followed almost 10 years of co-parenting. In this case, after the couple split, the non-biological mother petitioned the district court for custody and visitation orders. The biological mother argued that no legal standing for such a request existed, as the parties were never married nor did they ever enter into a written parenting agreement regarding the child that they were raising together.
Child Custody: International Move Away Requests
There is only one type of case more heart-wrenching than a move-away case: an international move-away case. While domestic move-away cases are complicated enough, international move-aways add additional layers of complexity that must be considered by both parties and the Court. Continue reading
EXAMINATION AND SUMMARY OF THE AAML’S CHILD CENTERED RESIDENTIAL GUIDELINES
Part one of this blog introduced the American Academy of Matrimonial Lawyers (“AAML”) and the AAML’s new publication addressing the division of parenting time for families going through divorce or separation, titled Child Centered Residential Guidelines (“AAML Guidelines”). Here we will delve into an examination of the publication and summarize the AAML Guidelines.
DO I NEED A DIVORCE ATTORNEY?
If you are considering a divorce or are already involved in the divorce process, you have likely done some research and been left scratching your head in bewilderment. Divorce is so common these days that you may assume it’s easy to do. Unfortunately, however, it’s not the most “user friendly” process. This is especially so in California, where the judicial forms, statutes, cases, and court rules that together form our laws are wrought with nuances and deadlines that even the most intelligent person in the world is apt to miss without the proper legal training.
What is a Custody Evaluation? [Part Two]
In my last blog I talked about how a custody evaluation is ordered, what it costs, and how long it takes. If you have not read that blog, it may be helpful to go back and take a look before you continue. If you prefer to get right into the trenches, then continue on.
Read the Blog: What is a Custody Evaluation (Part 1)
The first question everyone asks me when the court orders a custody evaluation is…”What is a custody evaluation?”
What is a Custody Evaluation? [Part One]
In earlier blogs I discussed what a parent can expect during child custody mediation, both private mediation and court connected mediation. Both scenarios, while nuanced, are quite straight forward. What happens if you are involved in a high-conflict child custody case and the court orders a custody evaluation? What does the evaluation cost? And how long do they take? I hope to answer these questions in this blog. In my next blog, I will discuss what to expect from a custody evaluation, how you can prepare and some of the reason a court will order a custody evaluation.
Private Custody Mediation
In an earlier blog I discussed what to expect from court connected child custody mediation (Family Court Services – “FCS”). If you have not read that blog yet, go back and take a look since I give a background on child custody mediation generally. In today’s blog, I am going to focus on private child custody mediation.
Non-Confidential Custody Mediation
The focus of this blog is parents involved in contested custody cases and required custody mediation. Contested custody cases come in all shapes and sizes. On one end of the spectrum you have the high-conflict custody cases (the knockdown, drag out fights) and on the other end you have the “we agree on most things, but there are some details that we still need to iron out.”
No matter where on the spectrum your case falls, if you and the other parent cannot reach a full agreement on custody issues, you will be required to attend child custody mediation. Under California law [Family Code §3170], any contested issue related to custody and visitation must be set for mediation.
How does the UCCJEA “more appropriate forum” exceptions affect which State will make custody and visitation orders over children?
Earlier this week, we discussed the basics of how the UCCJEA determines which states get to make custody and visitation orders over children. We did not discuss the more appropriate forum exceptions of Family Code sections 3427 and 3428. These are discussed below.
As noted before, there are 4 types of jurisdiction under the UCCJEA: (1) Initial jurisdiction (2) Continuing, Exclusive Jurisdiction (3) Modification Jurisdiction and (4) Emergency Jurisdiction.