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?
Clearly, a Judge is making a decision based on information presented to them. In San Diego County, since San Diego is a recommending county, whenever there is a parenting dispute, the resolution procedure is mandatory mediation which is through a San Diego County Department called “Family Court Services”. These include Licensed Clinical Social Workers who meet with parents and try to have the parents reach agreements. If an agreement is reached, then the agreement is written up and presented to the Judge to become an Order of the Court. If the parents do not reach an agreement, then the Mediator will prepare a written recommendation and give you a copy, the other parent a copy and a copy to the Judge. The Judge will follow this written recommendation more than 50% of the time statistically so it is crucial to have the written recommendation in accord with your goal for the parenting plan. This information includes your declaration and any third party declaration[s] and document[s] which detail your position of why you believe the parenting plan you are requesting is in the best interests of your child or children. This declaration is very important since the Judge does not know you or your case and only obtains information through evidence which is presented in Court.What Is The Procedure In San Diego County For Resolving Parenting Disputes?
In order to implement the proper procedure, a motion needs to be filed called a Request for Order. When this is filed and the boxes are checked for custody and visitation, then a court hearing will be set and also the mediation date. Both of these are mandatory for the Judge to make any parenting orders.What Can You Do To Increase Obtaining Your Goals For The Parenting Plan?How Can The San Diego Law Firm of Doppelt and Forney, APLC Help?
The law office of Doppelt and Forney, APLC has represented clients in the filing of motions for their parenting plans as well as preparing clients for mediation and informing clients of their legal rights and legal obligations. A free consultation with an attorney is offered which is also confidential up to one half hour at their local San Diego office off the I-15.