Child Custody Blog

Child Custody – Joint Custody and the Best Interest of the Child Standard

“In the best interest of the child" or “child’s best interest" is the famous mantra of the family court, which is prevalent in child custody proceedings today, yet its interpretation by the family court or judges is often arbitrary and its meaning is still obscure. Moreover, the law regarding child custody varies from state to state leaving no uniform legal position regarding what is in the best interest of the child. Some states have a preference and presumption towards joint custody while others do not. Some states are amending its law to adopt a preference and presumption for joint custody while others are amending its law to allow joint custody only when the parents agree to it.

Like most states the standard for child custody determination in California is the overall best interest of the child such that it assures the “health, safety, and welfare" of the child and “frequent and continuing contact" with both parents. However, California does not establish a preference or a presumption for or against joint custody or custody to one parent and therefore leaves the parenting plan decision up to the discretion of the family court or a judge. In 1979, California adopted a presumption for joint custody, but later amended the law in 1994 to allow joint custody only when the parents agreed to it. According to the American Bar Association, other states such as Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont, and Washington also adopted laws in favor of joint custody, but only when the parents agreed to it. Other states such as the District of Columbia, Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, New Hampshire, New Mexico, and Texas, have laws favoring a presumption for joint custody. In a few other states, joint custody is not specifically authorized.

Regardless of each states position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills being introduced to adopt a presumption for joint custody being in the best interest of the child unless certain circumstances apply, such as convincing evidence that a parent is unfit or it would not be in the best interest of the child to award joint custody.

If you are involved in a child custody dispute, whether it is the initial child custody determination or a child custody modification, you would be wise to consult a family law attorney in your jurisdiction to help you learn what the law and standard for custody determinations is in your area and how it applies to your specific situation. Further you will want to learn what factors the court will consider in determining the best interest of the child so you are fully aware of your child custody rights and responsibilities.

Copyright © 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

California Divorce and Child Custody: What is the Purpose of Child Custody Mediation?

Mediation in California is a form of alternative dispute resolution, or ADR, facilitated by a mediator, which allows parents of a child custody and visitation dispute an opportunity to resolve their disagreements without a litigated hearing. As pointed out in Family Code 3170, mediation is a mandatory process in California that must take place before a contested issue regarding custody and visitation is heard in a litigated hearing. Mediation has a specific purpose and mediators should adhere to certain guidelines and standards when conducting mediation.

Mediation Standards
There are certain standards that apply to mediation services. The rules for mediation are set forth in the California Rules of Court 5.210. Rule 5.210 applies to court-connected child custody mediation and addresses the authority of mediation, purpose of mediation, mediation definitions, Responsibility for mediation services, mediation process, training, continuing education, and experience requirements for mediator, mediation supervisor, and family court services director, education and training providers, and ethics as it relates to California mediators and California mediation.

Mediation Purpose
The purpose of mediation is to help the parents of a child custody dispute resolve their disagreements and build a parenting plan together in mediation that reflects the overall best interest of the children. The purpose of mediation is outlined in Family Code 3161.

Mediation Limitations
Mediation may not be able to help all parents work out their disputes. Some cases are too complex or far too acrimonious. In some cases, a parent will change his/her mind after signing an agreement in mediation. If you sign an agreement in mediation and later change your mind, you may be able to cancel your agreement by submitting your cancellation request to mediation services in writing. However, you will want to consult an attorney to learn how to properly cancel your agreement and the timeline upon which you can do it.

If you are involved in mediation you will want to consult an attorney in your area to help you learn about the mediation process, standards, purpose, your rights, and what mediators can and cannot do in mediation.

© 2007 Child Custody Coach

Steven Carlson is the founder of Child Custody Coach. He is known nationally as The Custody Coach and provides individualized help and one-on-one coaching services to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting, and attorney fee disputes. He is the author of the child custody E-Book strategy guide, “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!". He provides support for Custody Match, a Southern California consumer and family law attorney matching service.

California Divorce: What are Divorce Discovery Interrogatories?

California divorce interrogatories or divorce discovery interrogatories are written questions asked by one party, which must be answered by the opposing party under oath or under penalty of perjury. Divorce interrogatories are a form of pre-trial discovery in which a party seeks to gather information from the other party. Divorce discovery interrogatories are often used by a party to obtain answers to specific questions about the location or value of both of the party’s assets and income and expenses information that is not accessible to both parties. California family code section 2100-2113 covers the disclosure of assets and liabilities. Divorce interrogatories can also be used for discovery of information such as liabilities, allegations, potential witnesses, and exhibits. Regardless of how interrogatories are to be used, the following general points pertaining to California divorce interrogatories are worth noting:

• Divorce interrogatories should be used as a source of discovery of information not a form of domination or coercion. In other words, the information sought by a party should be reasonable and relevant.
• There is often a limit on the number of divorce interrogatories that may be asked. In other words, an attorney cannot bombard the opposing counsel with an unreasonable amount of interrogatories.
• Typically the divorce interrogatories must be completed within a specified time frame.

Since each California divorce or California dissolution of marriage case is unique, the divorce interrogatory questions used for discovery can vary from case to case. Further, the rules and regulations for using divorce interrogatories as part of pre-trial discovery may also vary. For more information about the use of interrogatories you can check with your local county Superior Court courthouse or website. If you have specific questions about divorce interrogatories in California you would be wise to consult a California family law attorney, California divorce attorney, or California divorce lawyer in your area to help you learn about divorce interrogatories as a form of discovery and if it is the right approach for your divorce or child custody case.

© 2007 Child Custody Coach

Steven Carlson is the founder of Child Custody Coach. He is known nationally as The Custody Coach and provides individualized help and one-on-one coaching services to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting, and attorney fee disputes. He is the author of the child custody E-Book strategy guide, “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!". He provides support for Custody Match, a Southern California consumer and family law attorney matching service.

• Previous Posts:

• Child Custody - Child Custody Orders and Judicial Authority
• California Child Custody - Who Gets Custody?
• Child Custody – Joint Custody and the Best Interest of the Child Standard
• California Divorce and Child Custody: What is the Purpose of Child Custody Mediation?
• California Divorce and Child Custody: What is a Mediator?
• California Divorce and Child Custody: What is Child Custody Mediation?
• California Divorce: What are Divorce Discovery Interrogatories?
• California Divorce: What is Physical Custody?

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