It might surprise you to learn that California does make provisions for the child’s preference in custody cases. Family Code section 3042 outlines how and when the child’s choice is used.

Can a child just say they want to live with Mom or Dad? No. Family Court judges have discretion when it comes to each individual case. Some of the factors they take under consideration include parental influence, maturity, conditioning, and they often role play with the parents while the court listens and learns from the child.

The Base Requirements

• The child must be of sufficient age and capacity to make such a decision.
• The court has control over the examination of the child witness in order to protect his or her best interests.
• A child under 14 years of age may address the court regarding visitation and custody as long as the court agrees to hear testimony.

The laws of California have drawn a line at the age of 14 as a general guideline. They believe this is when a minor child has the maturity and capacity to make reasonable and relevant decisions for the right reasons. Each case is different and some children mature faster or slower than others.

At the end of the day, the court still has discretion and will make a decision based on the best interest of the child regardless of what the child says. Sometimes the court will agree with the child and sometimes they won’t.

The Court’s Discretion

• The location of the testimony
• Who can be present during the testimony
• The questions and manner of questioning for the testimony
• Evaluator or investigator selection/appointment

The goal is for the Family Court to look for signs of emotional or physical abuse, parental influence or conditioning, alienation, or other influences the court may surmise from their testimony and demeanor.

The court may assign a legal representative for the minor child when necessary. Likewise, it’s not uncommon for a psychological examination to play a role in child custody, especially when it’s contested or where the child has a preference.

Some cases can be resolved through mediation, while others will have to endure litigation that can last several days to months depending on the situation. It’s rare for child custody decisions to go on for years. The minor child will only be a minor for so long.

No matter what, the best interests of the child will be upheld to the best of the Family Court’s ability given the information and data they can gather. Each individual case is handled on its own merit, which means some precedence may be dismissed by the court.

If your child has a preference and you would like them to have their say, you should consult with a Riverside attorney. The initial consultation is free at Riverside Family Law, so you risk nothing by talking with them.

Bickering between spouses during a divorce is common, and also not being able to reach an agreement. If you and your former spouse let your emotions get the best of you and are unable to reach a custody agreement, you may need to order a custody evaluation.

A custody evaluation is a process where a mental health professional, could be a psychologist, evaluates the spouse, the children, and the former spouse to create a custody and visitation recommendation to the court. However, depending on where you live, custody evaluations can get really expensive. Some evaluations can cost up to several thousands of dollars, however some courts have lower-cost alternatives. Although the court usually orders this evaluation, the couple that is divorcing is usually the required couple left to cover the costs.

The process of a custody evaluation process can be simply. An evaluator is simply working to make a determination of what are in the best interests for the child. So after that simple objective, the steps from there can get a little bit tedious. The mental health professional conducts about 2-3 interviews with both the parents

Concerned with how the custody process in your divorce will be determined? Get a second look at your divorce and custody settlement. Ensure that the Family Law and Divorce Law Firm you speak to provides you with all the options available to you and that you understand how the entire process will be handled.

Aggressive representation from your trusting family law attorney. It makes all the difference in the outcome of your case, contact an attorney today for more information on child custody modification, or if you want to start filing a claim.

One thing divorce doesn’t change is you being a parent. No matter what kind of co-parenting plan you and your ex-spouse create, whether it’s traditional or flexible, temporary or permanent, you can make the time you spend with your children pleasant and productive. The experienced Orange County family law attorneys at Holstrom, Block & Parke can answer any questions you may have about you child custody arrangements and is an ideal source for reliable legal counsel. The following are some hints on making the most of your time with your children — and making the transitions easier on them.

DO

• You should always be prompt and on time. If you give the spouse or child a specific time that you will be arriving to pick him/her up, visit, whichever the case may be you to always live up to your word. This will help relieve the stress for children trying to adjust to their parents no longer living in the same home.
• Make sure that your visiting time remains parenting time. Some parents that are allowed visitation try to live up to this image that they have to be the “fun and outgoing” parent by treating their children to treats, fun dates, and special events. It is best not to overwhelm the child; they also need that time to listen to you get advice and know the dos and don’ts of society. Try not to solely become a friend.
• You should always try to include your extended family. Family is the most important and basic human need, so it is best that your children not lose touch with their grandparents, cousins, aunts, and uncles on your specific side of the family tree. Make sure you include your extended family with your children so they never lose touch.
• Make your home their home. Get to know your neighbors and help your children make friends. Set a loose schedule so your children know what to expect. Use checklists, or separate sets of clothes and toiletries, to make sure they have what they need in both places they live.
• Make age-appropriate schedules. Toddlers and teenagers have different needs. Do the research and make sure your visitation schedule or parenting plan is meeting the emotional needs of your child’s current developmental stage.
• Respect your former spouse. Let your former spouse know about changes in your schedule and travel plans or if a new babysitter or romantic interest will be with your kids while they are with you. Communicate where you will be while you have the children and decide together how emergencies should be handled.

DON’T

• You should never associate money with love. It is not recommended that you insert negative thoughts and comments about your spouse into your children’s heads. Try not to let whether or not your spouse has paid their monthly child support payment to determine whether or not they get to spend time with their kids.
• It is best that you not allow your children to arrange their own visitations. It is the responsibility of the spouses to make sure each child is allotted an equal amount of time to spend with each parent.
• Try not to let your children put you into unnecessary disagreements with your spouse. If one parent tells a child “no” to something, don’t let the child put you in the middle. It is best to encourage the child to resolve any problems or issues with that specific parent try not to interfere with that.
• Don’t make the kids into emotional mules. Don’t ask your kids to carry messages to your ex, don’t ask them to spy and don’t subject them to the third degree about every detail of time spent away with the other parent. The more they are able to enjoy their time as kids, with few adult worries, the better.
• Don’t take your child’s side in disagreements with the other parent. Let your children know they need to resolve problems with their other parent independently and don’t let them pull you into the middle of a dispute — unless you believe they are in danger or you have serious concerns.
• Don’t feel like you have to handle it all yourself. An experienced family law attorney at Holstrom, Block & Parke in Corona, California, has the knowledge to help you reach a resolution of your custody and visitation legal issues.

In child custody cases, most courts are bound to make their decision based on their assessment of what lies in the best interest of the child – whether single custody with the mother, the father, or some form of joint custody.

In most cases, before any evidence is presented, both the mother and father are seen as having an equal right to custody. Sometimes, depending on the age of the child, the judge may take the child’s own preferences into account.

The Tender Years Doctrine is a legal principle which has existed in family law since the late nineteenth century.

This doctrine gradually was adopted in the United States after first appearing in English courts in 1839, presumes that during a child’s tender years from the age of thirteen and under, the mother should have custody of the child. The doctrine often arises in divorce proceedings.

There was a time when mothers came to be seen as having a special ability to nurture their pre-teenaged children. Fathers would leave the house in the early morning and go to work, returning at night – often after the children had been put to bed.

Mothers, on the other hand, did not work; they were home with their children all day or taking them to school, picking them up in the afternoon, or engaging in other activities with them. Awarding a child to a father was almost unheard of.

By 1920, a father who wished to contend for custody of his child would have to demonstrate that the mother was unfit. During the latter part of the 20th century, as a father’s rights movement developed and gender roles began rapidly evolving, the courts began applying the principal of “best interest of the child” in deciding custody cases.

Mothers no longer could argue that their bond with their children was closer than their husbands because now mothers held jobs outside of the house also. Courts began to argue that favoring mother over father in custody cases conflicts with the Equal Protection Clause of the 14th Amendment of the Constitution.

Although the Tender Years Doctrine is no longer legally applied in courts, many feel that a bias still exists toward granting custody to mothers rather than fathers, and that fathers still face an uphill battle in seeking sole custody of their children.

If you are a parent, chances are your children are the most important thing in your life. Very few relationships have the emotional attachment that parent-child relationships do.

If you are facing a child custody issue, contact the Family Law offices of Holstrom, Block & Parke. When it comes to your children, our attorneys realize the importance of the situation your family is facing and every measure will be taken to come up with a resolution that will suit your family.

Contact one of our offices, located in San Bernardino, Riverside, and Orange Counties.

In order to help an abused or neglected child you must first recognize the signs of child abuse and neglect.

A single bruise is not always a sign that the child has been abused. Take a look at the following possible signs and see if you recognize any of them on a child you know:

• Lacks adult supervision
• Changes in behavior at home and school
• Medical conditions go untreated
• Hard time concentrating
• Always looking around and over his or her shoulder
• Gets to school early, stays late and does not want to go home

If you suspect your child or a child you know is being abused or neglected, report it to authorities immediately.

Any child who is being abused or neglected needs to be removed from home, and given the chance to live in a loving non abusive alternative. The parents of the child will lose their parental right, guardianship is then awarded to a family member, or the child is taken to CPS and placed with a foster family.

Having a Family Law attorney can help get everything organized, there can be one assigned to the child directly, at times this attorney s given guardianship of the child, serving two roles, ultimately the goal is to ensure the child has a safe home preferably with another family member, going to school, therapy is recommended also.

If any child is ever abused or neglected make sure that they are represented by a Family Law firm that understands the sensitivity, and traumatic this can be for any child. At Holstrom, Block & Parke, our attorneys have the experience, and the resources needed to ensure every child suffering abuse or neglect is safe again. Holstrom, Block & Parke Family Law Attorneys protect the rights of all children.

Contact Riverside’s top child attorneys, providing legal service for all children and providing loyal, confidential, and competent aggressive representation. Call us for a free no obligation consultation.

The care, stability and protection of your children are critical issues involved in every divorce case.

When two people are married and have children, they both share the custody and responsibility of raising these children. However, if the same two people divorce, the custody of their children is divided. The time shared can be split 50/50, 60/40, or another way. The parties can agree to a time-share or can allow the court to determine one, based on the best interests of the children.

When the court makes the determination, it looks at numerous factors, including who took care of the children most of the time, who took them to school and helped them with school work, who took them to the doctor and dentist, and who cooked for them.

The care of the children after a divorce is the most ongoing source of conflict for parents. Courts, most of the time, will honor a custody agreement reached by the parents. However, if they cannot come to an agreement, the court will request the parents to participate in a mandatory mediation session. If they still cannot agree on custody, the court will do so for them.

There are several types of custody arrangements:

• Physical custody – gives the parent or both parents the rights and responsibilities for the daily activities of their children. The children live with the parent or parents who is awarded physical custody.
• Legal custody – gives the parent or both parents the rights and responsibilities to make major decisions regarding their children’s upbringing – including medical care, education, religion, and day-to-day activities.
• Joint custody – Under California Family Code Sections 3080 through 3089, both parents can be awarded joint legal custody and joint physical custody. Joint custody allows both parents to share the responsibility for making major decisions. They must be able to work together.
• Visitation – The most common schedule allows the non-custodial parent to see his or her children one night during the week, every other weekend, and part of the summer vacation.
• Holidays and special dates usually alternate between the parents.

California courts most of the time favor joint legal and joint physical custody. It is best for both parents to be completely involved in the upbringing of their children; it is best for the children as well.

Custody is addressed throughout the divorce process in the following ways:

• Temporary hearing – The court issues an order regarding the legal aspects of the relationship between the two parties. It will issue a temporary custody solution if one hasn’t been agreed on.
• Mediation – is required if there are conflicts regarding the arrangement. The mediator meets with the parents and children several times and helps resolve the issues the family is facing. The mediator then sends a report to the court with custody recommendations
• Evaluation – by a court-appointed psychologist is ordered if an agreement cannot be reached prior to trial. The evaluation includes discussions with the parents, children and teachers. It must be completed before the court enters a final custody determination.
• Trial – Final custody arrangements are determined at the trial – based on the best interests of the children.

If a parent wants to change the court-ordered custody and visitation agreement, he or she must show a significant change in circumstances has occurred before requesting a custody modification.

When faced with uncertainties, an experienced family lawyer will give you the personal attention you need at a stressful time such as this. Call the Family Law offices of Holstrom, Block & Parke, located in San Bernardino, Riverside, and Orange Counties.

As experienced family attorneys, we always remind parents to focus on being the best parent possible. We will make a commitment to you and help you take positive steps towards the future.