CHILD CUSTODY AND VISITATION

The issue of custody and visitation is often the most contentious issue divorcing spouses face. The family court Judge has the final say regarding child custody. In determining this, the Court must decide what is in the child’s best interest. The Judge will usually not make a decision on custody and visitation until the parties have met with a mediator from Family Court Services or other neutral such as a court appointed custody evaluator. Parties meet with a mediator in the absence of their attorney and must be prepared to answer questions and discuss the parenting plan they believe is in their children’s best interest. In the event the parties are not able to reach an agreement regarding custody and visitation, the mediator will prepare a report with recommendations. These neutral experts hold substantial weight and credibility with family law Judges. Therefore it is important for parties to consult with an attorney before meeting with Family Court Services or any other neutral. Cohen Family Law works with trusted consultants that can prepare you for Family Court Services and guide you through the process.

There are different types of custody. Legal custody involves the important decisions parents make on behalf of their children relating to education, medical and therapy. Physical custody involves the parenting plan and time the children spend in each parent’s care.  Parents can agree on whatever schedule they believe is in their child’s best interests. If they cannot agree, the Court will make that decision. The Court’s calendar is often impacted, with the multiple case files to review each day. It is imperative that you have expert legal representation that is familiar with the best way to get important information to the San Diego Family Law Judge assigned to your case in a concise and impactful manner.