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In 2016: Child Custody and Visitation Dispute Resolution Procedures: Divorce; Legal Separation or Paternity Case in San Diego

LEGAL PROCEDURES, WHETHER YOUR CASE IS A PATERNITY OR LEGAL SEPARATION OR DIVORCE IN SAN DIEGO. TO OBTAIN COURT ORDERS

In order for a Court to make custody and visitation orders, you must file a motion called a Request for Order. This is a California Judicial Council Form and there are other mandatory forms as well. It is very important to file all the required pleadings in compliance with the San Diego Family Law Local Rules as well as the Family Law Code and Code of Civil Procedure among others. The Law Office of Doppelt and Forney, APLC has experience in the preparation of these pleadings and uses a computer program called Essential Forms for preparation. Using approved pleadings is very important as you do not want your pleadings to be rejected. The pleadings also have to be served in accordance with the Code of Civil Procedure. There are strict time limits as to service and a proof of service has to be filed with the Court. If there is no valid proof of service, this can be legal grounds for a request for a continuance.

CHILD CUSTODY AND VISITATION STIPULATIONS

Many spouses and parents reach written agreements [stipulations] regarding their parenting plan. This is always preferable whenever possible. This includes the parenting plan and where the child or children will be on a set schedule. Schedules include school days, weekends, holidays, birthdays, Mother’s Day, Father’s Day, summer vacation and other times such as three day weekends. There are legal requirements for a stipulation and must be followed. There must also be the mandatory Section 3048 content: the United States of America is the habitual country of residence; California is the home state; both parties had notice and opportunity to be heard and a violation may subject the parties to criminal and/or civil penalties. Without this mandatory language, a stipulation will be rejected by the San Diego County Clerk’s Office. The Law Office of Doppelt and Forney, APLC can prepare your written agreement and submit to Court for you and make sure in proper format and becomes a court order when Judge signs.

MANDATORY MEDIATION FOR PARENTING PLANS

California is a mandatory mediation state. San Diego is a recommending County. This means that, at the mandatory mediation at Family Court Services with a Licensed Clinical Social Worker, if the parents do not reach an agreement then the Mediator will prepare a written recommendation. A copy of the written recommendation goes to both parties and also to the Judge. The Judge, more often than not, will follow the vast majority of the recommendations. If you cannot reach a stipulation and have to go through the mandatory mediation, then your goal is a recommendation which you are asking for. The Law Office of Doppelt and Forney, APLC can assist you in preparing for the mediation and explain the procedures and what to expect.

REQUEST FOR ORDER HEARING BEFORE SAN DIEGO SUPERIOR COURT JUDGE

Sometimes, the parents can settle at the mediation. If they do, then the Mediator prepares the written agreement and the parents and/or attorneys appear in Court and ask the Judge to make their agreement the order of the Court. If the Mediator makes a written recommendation and either one or both sides do not agree, then there is a hearing in which a Judge will make the decision where your children live. The Law Office of Doppelt and Forney, APLC can represent you at your hearing and legally argue your case for you.

HOW A SAN DIEGO FAMILY LAW FIRM CAN WITH YOUR PENDING CASE

The Law Office of Doppelt and Forney, APLC is a family law firm in San Diego. There are full time attorneys and staff to assist you with your pending or future case. Their law firm offers up to a 30 minute free in-person or virtual consultation which is confidential and will give you legal advice on your individual case. There is free parking and an elevator and easy on and off freeway access.

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