Our office frequently gets the following questions on custody.
What Standard Applies for Child Custody?
Child custody law is based on the best interest of the child. That is the standard that applies to virtually all child custody Court hearings.
What is the process of getting Child Custody in Sacramento County, El Dorado County, Placer County, and Yolo County?
The process of either establishing child custody or modifying child custody in any of the above three counties is basically, the same but varies based on some local rules and practices. In all of the above counties, to modify child custody you have to go to mandatory child custody recommending counselling (also known as mediation). Parties go without their attorneys.
The mediator (also known as CCRC) will write a report (generally). The goal of the mediator is to mediate agreements. If no agreements are reached, then they will make recommendations on custody and visitation. After the report is written, there will be a mediation return hearing wherein the Court will review the report with your attorney and the other side. The process varies in each of the following counties by local rules, here’s a quick summary.
In Sacramento, it generally takes 4-5 weeks to get a mediation date and 6-8 weeks to get a child custody court hearing. Child custody reports generally will be between 3-5 pages.
In El Dorado County, it takes 6-8 weeks to get a child custody mediation date and 8-10 weeks to get a court hearing. Child custody reports are generally 5-7 pages.
In Placer County, they have a hybrid three-tier mediation model. The parties will first get sent to the first tier of mediation, where the mediator will only attempt to come to agreements on custody. Then, parties will go to the second tier of information gathering. Finally, the third tier is traditional recommendation mediation. This process takes several months.
Finally, in Yolo County, Yolo is similar to Sacramento but a mandatory online orientation must be completed before a mediation date is even set.
What Type of Child Protective Services Issues do Child Custody Attorneys Deal with?
Child Custody Attorneys are deeply involved with child protection. Child protective services issues typically involve reviewing substantiated, conclusive, inconclusive and unfounded child abuse issues.
What Type of Complex Child Custody Issues Does your Firm Deal with?
Our firm has experience in the following type of complicated custody issues:
- High Conflict Child Custody Issues
- Substance Abuse Child Custody Issues
- Domestic Violence Child Custody Issues
- Third-Party Placement Child Custody Issues
- Substance Abuse Child Custody Issues
- Alienation or Resist/Refuse Child Custody Issues
- Child Protective Services Child Custody Issues
- UCCJEA Child Custody Issues
- Child Abduction Child Custody Issues
- Emergency Child Custody Issues
- Hague Convention Child Custody Issues
- Sex Abuse Child Custody Issues
- Neglect Child Custody Issues
- Physical Abuse Child Custody Issues
- Parental Relocation and Move Away Child Custody Issues
I Do Not Agree with My Mediation Report, What Can Be Done to Change it?
There are a lot of things that parties who have a bad mediation report can do to salvage their child custody case. Common options are described below.
First, you can retain an attorney to review and audit the mediation report to make sure that the mediator followed the proper protocols and law. If there is a strong argument that the mediator got it wrong, your experienced attorney can argue for the Court not to adopt the report, refer the case to a new mediator or potentially a trial.
Additionally, an attorney can occasionally request that the matter be referred to a private mediator. Private mediators are an option sometimes for parties in the right circumstances after an unfavourable public family Court Services Report.
An attorney can also complete a deposition or other discovery strategy against the mediator.
Every case is unique and every report is different. There are almost always creative solutions to the problem of a bad mediation report. Contact our office to see if there are more legal strategies to go through your child custody mediation report.
When Does Our Child Get to Have a Say in Family Court?
The law does have a bright-line rule of age 14, but practically Courts and mediators do not really follow this rule. They follow a different discussion below. I’ve had children as young as 12 listened to. I have also had 16-year-olds ignored.
The Courts and mediators will consider the preferences of your child as long as they are informed, intelligent and knowledgeable. This means that the Court and mediator will scrutinize the motivation for your child’s preferences. A child who wants to stay moves from the disciplinarian parent to the parent who lets them have unlimited screen time and no bedtime will not be listened to.
A child who wants to move with another parent, but has never lived with that parent will not be as persuasive as the child who has lived in both homes and prefers one home. And, as always, the standard of the child’s best interest will always be paramount. So if the child wants to live with Parent 1, but Parent 1 is an unfit parent, Parent 1 may not get custody.
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