Child Custody & Visitation

What happens when you file for divorce and have children? In San Diego county mediation is mandatory in every case where there is a child custody or child visitation. Mediation of child custody and/or child visitation disputes can be done either through Family Court Services the mediation branch of the court or, if the parents agree to use and are willing to pay for one, a private mediator.

Of the more than 50 counties in the state of California, rules can be very different about how the county applies state law requiring mediation of child custody and visitation disputes. The first part of the process is similar state wide. That's the part where the parents involved in the  child custody or child visitation dispute meet with a mediator who would typically be a mental health professional. The mediator will try to help the parents reach an agreement on a parenting schedule. The county's breakdown into "Recommending" and "Non-recommending" counties. This simply means that in a recommending county like San Diego, the mediator will make recommendations to the court. The mediator's recommendations regarding child custody and child visitation orders are not themselves an order. However, the judge may then rely as much or as little on the mediator's recommendations as he or she sees fit.

San Diego County is a recommending county. Most judges will at a minimum use the mediator's recommendations regarding child custody and child visitation as a starting point to making court orders. Many judges in San Diego seem reluctant to deviate much from the mediator's recommendations unless there is some obvious reason to do so.

As a result, it has become extremely important to achieve the best possible outcome / recommendation regarding child custody and child visitation during mediation. This can often mean that it will be effective and advantageous to be professionally prepared for mediation. The preparation itself can be quite an enlightening experience for many parents. For most, it is their first introduction in what is important to the court in child custody and child visitation disputes. Much more than common sense and good intentions are required for parents to "perform" well in mediation of child custody and child visitation disputes. There is no substitute for competent help.

The outcome of mediation has become especially important for seemingly unrelated reasons: child support is directly related to the amount of time the children spend with each parent

California has a very broad standard for determining custody and visitation issues: what is in the best interests of the child? In most cases, and at most hearings and in most trials, this is the rule to which the court will be required to pay closest attention. . The judge that hears your child custody or child visitation case has a very broad "discretion" to  determine what is in your child's best interests. It is in a client's best interest to obtain a lawyer in the beginning. It is always easier to prevent a legal problem, than to clean up after a problem.



 

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This San Diego Divorce Attorney Law Office is focused on solving problems resulting from divorce for our clients. I believe that compassion and experience count for everything in a divorce proceeding, as your divorce lawyer I am honored to treat you as a human being and not a file or client number on my desk. I proudly serve the people of San Diego and the following areas Southern California including San Diego County including, but not limited to, the cities of San Diego, Coronado, Carlsbad, Chula Vista, Escondido, Oceanside, Vista, La Mesa, San Ysidro, Spring Valley, San Marcos, Ramona, Julian, El Cajon and Santee, California. All Content Copyright 2005 San Diego Divorce Attorney - The Law Office Of Paul Staley.