How Does a San Diego Superior Court Judge Determine What is in the Best Interests of My Children for My Divorce, Paternity or Legal Separation in 2014?
How can a Judge decide on the fate of a child or children during a divorce or legal separation case? Provided that he or she hasn’t even met anyone from the family or have any personal knowledge? It is a common concern that arises in the mind of everyone in San Diego who is getting a divorce or legal separation from their spouses and partners. According to many, this concern is in the front of their mind since the decision of the Judge is so important. Even for someone as qualified and experienced as a judge, decided on someone’s fate is a big task to handle and they do the best they can. One of the most contentious areas of family law [whether a legal separation or divorce] is where their child or children will live and with who. The Law Office of Doppelt and Forney, APLC has experience in all of the San Diego County Court Houses including Vista, downtown San Diego, Chula Vista and El Cajon. Feel free to call them at 800-769-4748 for a virtual consultation up to 30 minutes at no charge.
Moreover, a Judge never even meets a family upon which he or she is about to give their verdict. In such a case, how can they decide what is best for the child or children? Such matters are often difficult to handle and are discussed in the matters of family law. It is quite evident that a Judge makes their orders based on limited prior information presented to them. This is why it is so important to have the Judge given as much information as possible before the hearing and many different rules for filing and service. In San Diego County, there is a department called Family Court Services that deal with the matters of a parenting dispute. Since San Diego is a County which is recommending, whenever an event like a parenting dispute happens, it is resolved through the procedure of mandatory mediation and a meeting is set by the Court with mediator of Family Court Services.
Family Court Services has skilled and licensed Clinical Social Workers that are trained and specialized in a way that they can resolve complicated parenting plan disputes. So, whenever there is not an agreement of the parents, they are referred to these licensed Clinical Social Workers. They are trained in a manner that they work their way through the dispute and meet both the parents and suggest to them on reaching terms with each other.A Judge is responsible for deciding and making court orders on which parent gets to have the children and decide on what is best for the welfare of children. But these licensed Clinical Social Workers try whatever is in their power to stop the matter from reaching that far by doing their best to assist the parents in reaching an agreement. The Judge always has the final decision.
An agreement can be reach with the assistance of the medicator by convincing both parties to agree on the parenting plan. After their efforts, if these Clinical Social Workers succeed in convincing both parties to agree on some common terms and entire plan for parenting [or even part of plan], then the agreement is documented and presented before a Judge to become a court’s order. However, if they fail to convince both the parents on agreeing on all or part of the parenting plan, then their mediator will have to prepare a written recommendation and present to all the parties involved: Judge; both the parents and their attorneys if the parents are represented.
This written recommendation will be followed by the Judge most of the time throughout the case and this is why it is very important to be prepared for your mediation appointment. There are many suggestions and, of course, make sure to show up timely and prepared. The information mentioned in this recommendation includes content taken down by the mediator in their report of all parties entailing your stance on why your parenting plan is in the best interest of your children. This is very important since a Judge relies on the mediator to be an objective expert as to what are in the best interests of the children or child. The Judge will only proceed with the case as per the information and evidence presented in the court.
The procedure of resolving a parenting dispute in San Diego includes a motion called a request for order, that needs to be filed. A mediation date and a court hearing will be set after it is filed. Both of these processes are mandatory before a Judge makes any parenting order except in the case of emergency custody orders per the Family Law Code.
Doppelt and Forney, APLC, law office have experience of representing clients in such motion filings for their parentings plans. They have also prepared their clients for mediation and inform them about all their legal rights and obligations. A free in-person or virtual consultation with an attorney licensed in the State of California and experienced in family law is offered, which is also confidential. The duration for this consultation is 30 minutes and you can discuss your individual case.