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Riverside & San Bernardino Child Custody Lawyer
Child Custody Attorney and Lawyer in Riverside, San Bernardino and Hemet
Courts base their decisions regarding custody with the “the best interest of the child” standard. In a dissolution proceeding, the court will attempt to determine whether it is in the best interest of the child to be placed with mom, or with dad primarily and what contact the child should have with the each parent.
The first step in the best interest approach is to establish what pattern of parenting and child sharing existed prior to the separation. The court will then determine and ascertain what arrangement is in the child's best interest. The court will generally assume that the pattern of parenting and sharing practiced by the parents prior to filing for divorce is at least a valid starting point. Although the pattern previously established may not be perfect, and may need adjustment, the courts in Riverside, San Bernardino and Hemet feel safe in adopting that plan because it is a plan which the parents have tacitly, if not expressly, previous agreed upon.
Legal custody is the right to make decisions concerning their children, such as education, medical treatment and religious training. Usually, the courts in San Bernardino, Riverside and Hemet award most parents Joint Legal Custody. However, the court has the power to award "physical custody" to one or both parents. Physical custody determines where the child actually lives for the majority of time. The parent awarded with primary physical custody is referred to as the “custodial parent”. The parent that does not have primary custody is usually allowed specified periods of time consisting of alternating weekends, one evening per night and one-half of the children's school vacations, per the norm in San Bernardino, Riverside and Hemet courts.
730 Child Custody Evaluation in Riverside, San Bernardino and Hemet
Often times, the court will order that a "730 Evaluation" be conducted when determining child custody between the prospective parties in a Divorce Proceeding. The “730” refers the Section in the Evidence Code that provides for this procedure and authorizes a judge to order such an evaluation.
An evaluation can occur if:
- Agreed to by the parties and their attorneys (legally referred to as "by stipulation")
- Requested by either side in a custody dispute, subject to approval by a judge, or
- Ordered by a judge
Usually, an evaluation arises in the context of unresolved questions about one or both parents' parenting practices and is utilized to determine what environment is best for the child involved. For example, a parent's mental health problems may diminish parenting capacity. Or, concerns about child abuse, substance use, and other circumstances will have a negative impact on the "child's best interest."
The evaluation is ordered to determine what is in the best interest of the child. That is the standard
that the Courts in Riverside, San Bernardino and Hemet will consider and serve as the basis for custody/visitation orders.
Each court and Judge decides who will perform the evaluation. For example in Riverside, usually a medical doctor is assigned to perform the evaluation. In Hemet, the court will usually order a panel of Social Workers to perform the evaluation. In any event, the evaluation consists of interviews of each parent, the children involved and quite a few written tests. The evaluation usually takes more than a single day to complete. At the conclusion of the report, the evaluator will issue a written report on the findings. If the court appoints who is to perform the evaluation, they are reluctant to disregard them. However, if the evaluator’s report affects one side, the report can be attacked to the point that the court may allow an examination of the evaluator. This is a tool that our firm can use to undermine a report that is not thorough or maybe even incorrect.
Contact us about your Child Custody matter today.
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