Child Custody
In a California child custody divorce or family law case, the decision to seek either sole physical custody or for the other parent to have supervised visitation must be measured very carefully. When seeking sole physical custody or for the other parent to have supervised visitation with your children what you are really saying is that the other parent is not fit to have joint physical custody of his or her children or that the other parent is not fit to have visitation with his or her children unless there is other adult supervision during the visit.
In California, the overall general policy of the law is that both parents should have frequent and continuing contact with their children. The frequent and continuing contact mantra is what runs throughout California child custody and visitation divorce and family law cases. It is presumed that it is in the best interests of the children to have frequent and continuing contact with both parents. Thus, in a California child custody divorce or family law case, a parent seeking a sole physical custody or a supervised visitation order, potentially face an uphill and expensive battle. Probably one of the most expensive areas of a California divorce or family law case is child custody.
A parent’s fitness as a parent is brought under a bright spotlight. Trying to shine that light can take a lot of attorney time and possibly private investigator time. If child custody is contested in a California child custody divorce or family law case and one or both of the parents want the court to decide the child custody issues, the first thing a court will do is send the parents to mediation through what is known as Family Court Services.
Family Court Services is a division of the California Superior Court. Family Court Services officers are individuals who have advanced degrees in mental health, such as psychology, marriage family therapy, social work and the like and where an individual, commonly known as a mediator, will attempt to get the parents to agree on a child custody arrangement and a visitation arrangement. If the parties are unable to agree on a custody or visitation arrangement then one of two things will happen:
1) The matter will be sent back to the court with a recommendation from the mediator on how . custody and visitation should be arranged, if the case is in a “recommending County”. If the case is not in a “recommending County”, the court decides the custody issue on its own based on the . pleadings of the parties and possibly after taking live testimony; or
2) The court sends the case to what is known as child custody evaluation. A custody evaluation (also known as a family evaluation, forensic evaluation or Section 730 evaluation) is a formal . process required by the courts before a custody determination can be made. In California, psychologists or MFT’s typically perform these evaluations. The evaluator must be a neutral and impartial professional, who does not have an existing counseling relationship with either parent or with the child. The attorneys will agree on an evaluator in most cases. If not, each side will submit a list, and the judge will choose one.
The evaluation process entails standardized tests; individual interviews with each of the adults and the children; observations of each parent interacting with the children; and interviews with collateral contacts such as relatives, teachers, and others who may have insight into the parenting dynamics. The evaluator is not concerned with assessing which parent is better, but which of any number of possible custody arrangements would serve the best interests of the children.
Custody evaluations typically take four to six months or more, and cost approximately $30,000 to $40,000. The evaluator will issue a lengthy report that outlines specific recommendations regarding custody and visitation. Judges may disregard or alter any recommendation, but courts tend to adhere fairly closely to the evaluator’s recommendations in issuing orders. If you move forward with a custody evaluation and a subsequent trial, you must be prepared to have the court adopt the evaluator’s recommendations or if you want to challenge the evaluator’s
recommendation you must be prepared to hire another evaluator to explain the weakness of the evaluator’s recommendations. The court’s decision will be final and binding, whether or not it . seems fair or practical to you. It will govern your life and shape your children’s lives for years to come.
Going to court to fight for sole custody or a greater parenting role triggers an extensive, expensive evaluation process. Rather than relying only on the testimony of two parents who each have their own biases and agendas, the court will give considerable weight to the objective findings of an independent custody evaluator.
Nathan James of SEIFER, MURKEN, DESPINA, JAMES andTEICHMAN, ALC, understands that you want to protect your children and preserve your relationship with them. He handles all facets of child custody and visitation, including contested custody proceedings. Nathan James practices in the family courts of San Francisco, Marin, Alameda, Contra Costa, San Mateo, Santa Clara, and the greater Bay Area. Nathan James provides honest and realistic counsel regarding custody litigation. He will help . you explore out-of-court solutions, while guiding you into the most favorable position for trial, in case you decide to proceed in court.
Negotiation Or Litigation
We strongly encourage clients to negotiate in mediation, conduct formal meetings and exchange . letters between attorneys, and even directly with each other, to fully or at least partially resolve . custody disputes. In many cases, the custody evaluator’s report furthers settlement discussions; once confronted with the evaluator’s recommendations, and thus knowing how the court will likely rule, parents often have incentive to turn toward each other for the answers to custody . questions. To avoid the additional cost and acrimony that trial brings, the parties may become open to compromise on custody, visitation, and the parenting plan.
Nathan James will fiercely advocate for you on your child custody claim, whether in negotiations . or in court. He understands the stakes are high, and he can provide valuable perspectives and insights from his years of trial practice. Like you, he wants the best for you and your family. We know you have many questions, anxieties, and specific concerns. We strive to build relationships with clients based on integrity, trust, and open communication. Please call to arrange an appointment with Nathan James.
You can email him online or call him at 415-749-5900.
This is intended to be a summary description and should not be relied upon as legal advice. More
information may be obtained by consulting with Nathan James.
H. Nathan James
SEIFER, MURKEN, DESPINA, JAMES and TEICHMAN, ALC,
2135 Lombard St.| San Francisco, CA 94123
Phone: 415-749-5900 | Fax: 415-749-0344 | San Francisco Law Office Map
Email: njames@smdjlaw.com