Preliminary custody orders offer short-term solutions to parental disputes that may wait for a regular hearing, but not before the end of the trial. Both custodial parents have the right to make decisions about these aspects of their children`s lives, but they do not have to agree on all decisions. Each parent can make a decision on their own. But to have problems and end up in court, both parents need to communicate and work together to make decisions together. Parents are required by law to participate in mediation before a judge decides on their custody or access agreement. You will meet for free for up to several hours with a mediator employed by the court, and the lawyers will not be present. A sole custody decision grants physical and legal custody of your child exclusively to you or the other parent. If you are designated by the court as the primary custodial parent, you have exclusive legal and physical custody of the child. This would allow your child to live with you, while the other parent would be granted access if the judge determined that it was in your child`s best interests. In addition, you have the exclusive right to make all important decisions for your child, such as education, health and well-being. The goal of mediation is to develop a detailed parenting plan that both parents support, which can be signed by a judge to become a final order. If mandatory mediation does not lead to a 100% agreement, mediators in some counties will make recommendations to the court. In other counties, ombudsmen only report that no agreement has been reached.
The judge may also appoint lawyers for children in custody cases. The judge will also decide who will pay the children`s legal fees. In some situations, the court will decide that you or the other parent should not get joint custody. This is often the case when you or the other parent is incarcerated, has a history of serious mental health problems, has a history of domestic violence, or for some other reason the judge believes that you or the other parent should not make decisions about your child`s health, education and well-being. A court can make different types of custody decisions, all of which require by law how a child should be cared for. Below you will find information about emergency orders, temporary orders and final orders. Note: Whenever a parent seeks custody or changes an existing custody decision, an automatic injunction is issued prohibiting the custodial parent from taking the children out of California until a judge renders a final judgment.2 Until the judge makes that final custody decision, you will need to ask the judge for permission to travel with the children outside the state. California Family Code Section 3002 defines joint custody as joint physical custody and joint legal custody. Under the joint custody agreement, you and the other parent have the same right to make important decisions about your child`s health, education and well-being. In addition, your child will live with you and the other parent, but time should not be divided equally. Indeed, it is very difficult to allocate time exactly equally when there are obligations such as school and work.
However, it is important to note that if joint custody is granted to you and the other parent, and you and the other parent cannot agree on an issue related to your child`s health, education and well-being, you and the other parent must go back to court and let the judge decide: which is in the best interests of your child. In these situations, it is important that you first consult an experienced lawyer of Wallin and Klarich to help you in the further proceedings. Once a custody and access order is in place, 1 or both parents may want to change the order. Find out what you need to do to ask the judge to change your existing order or change it after consultation between the parents. If you have received documents asking the court to issue a custody and access order, you can respond if you want to have a say. Learn how to answer and ask questions about the orders you want the judge to make. Do some research and think about your options. Are you going to apply for sole or joint custody? What about custody? What is your ideal parenting plan? Then, meet with a lawyer to develop a legal strategy. Representing lawyers is highly recommended, but if you are not able to hire someone, you should at least do a free or inexpensive consultation to hear the thoughts of a professional. In some cases, the judge may appoint a custody assessor to conduct a custody assessment and recommend a parenting plan. A parent may also request a review, but the application may not be granted. Parents may have to pay for an exam.
At any time, parents can agree on a plan and have it signed by a judge. Then the custody process moves on to step 8. These orders, also known as pendente lite orders, determine who has custody and access to a child throughout the litigation or settlement process. They remain in effect until a judge amends them or makes final orders. California law recognizes that circumstances change as people move forward and children get older. Any parent can apply to the court for an amendment to a custody order that no longer works. However, to get such a petition in California, you must be able to prove that your situation has changed significantly. Some changes that can lead to an approved petition include: Controversial cases of custody or visitation where parents cannot agree are complicated. Talk to a lawyer to understand how the law affects you and your rights. Click here for help finding a lawyer. This is often complicated and, as with all custody matters, we recommend that you talk to a lawyer. To find a lawyer in your area, please visit the CA Find a Lawyer page.
1 See Ann.Cal.Fam.Code § 3422(a) & (b) If you have custody and plan to move to another apartment, first read your custody order carefully. A judge may write in the custody decision that the parent with whom the child lives must notify the other parent if he or she plans to change the child`s place of residence for more than 30 days. The notification must be mailed to the other parent within 45 days of the proposed move. This gives the other parent enough time to appeal and, if necessary, take the case to court. A copy of the notice must also be sent to that parent`s lawyer in the custody case, if they had one.1 For more information on the other parent`s notice procedures, please contact the court where the custody order was issued. The period of emergency jurisdiction is only temporary if another court has already made custody decisions. The urgent order of the California courts will remain in effect only until an order from the other court is obtained within the specified period or until the expiration of that period. It is important to remember that when you visit orders in some very difficult and complex custody cases, the courts prefer to issue a specific visitation order detailing the days and times you and the other parent spend with your child in order to avoid an ongoing dispute about what a “reasonable” visitation is.
If you move to another state, you may be able to change the state where the custody case will be heard. You must file an application with the court to ask the judge hearing the case to change the state where your case is heard (which can be called a change of jurisdiction request). The judge may do this if the child and both parents no longer live with CA Technologies, or if the child and one of the parents no longer live with CA Technologies and there is no longer substantial evidence available in CA regarding the child`s care, protection, education and personal relationships.1 Remember that parents can agree on a plan at any time – through mediation, informal or other negotiations – a judge can sign it, and the custody process moves to step 8. Many California counties require parents to follow a brief orientation at the beginning of their custody record. Often this can be done online, such as in Los Angeles, Orange, Santa Clara, and Napa counties. If your county doesn`t need orientation, California Courts` introductory video to custody mediation can be a helpful way to prepare for your next step. .