FAMILY COURT SERVICES & CHILD CUSTODY ATTORNEY IN SAN DIEGO

In all child custody cases, the family law court in San Diego requires parents to attend private mediation or make an appointment. Inside the wing known as Family Court Services, proceedings are handled by a neutral third party. Discussions regarding allegations of domestic violence, child spousal support, and current court-ordered agreements are to be expected. 

The Role of FCS in San Diego

During family court proceedings, the mediator will determine whether an amicable parenting plan is possible. After hearing from all parties involved and considering any relevant documents, a written report will be provided to the judge. 

For parents, preparation with a San Diego child visitation lawyer before the appointment is the best course of action. How the family dynamic is described to the mediator will impact the final report. The final analysis of current circumstances is forwarded to the judge who considers each party’s ability to co-parent. 

If domestic violence or paternity orders are an issue, the San Diego Family Court will allow separate sessions. Each party can attend a scheduled appointment without concern for potential conflict. 

San Diego Child Custody Mediation Options

Residency

For parents who live outside of San Diego County, mediation sessions can be held by phone. However, the court prefers you attend in person when possible. Face-to-face interaction with the mediator allows each party to develop a better rapport for the best outcome. 

Conflicts & Domestic Violence

In some circumstances, Family Court Services in San Diego may ask to speak with minor children. Sometimes this is done to resolve disputes, evaluate the effect of child endangerment, or determine which parent the child prefers to care for them. 

Child Preferences & Statements

If a child expresses a preference to live or spend time with one parent over the other and wants to tell the judge that, the mediator is required to inform the court. A San Diego child visitation lawyer also has that power. 

Whether they can address the court directly will depend on their age. For example, if they are 14 or older, the court must allow them to do so unless the judge decides it is not in the child’s best interests to express his or her view to the court. 

In determining whether it is in the child’s best interests, the court should consider the following:  

  • Is the child of sufficient age to state a preference one way or the other?
  • Does the child understand the nature of his or her testimony?
  • Are there any emotional risks? (i.e., is the child already in therapy as a result of their breakdown in a relationship with one of the parents?)
  • Will their statement be relevant (i.e., the court will not hear a child’s complaint that one parent does not let them watch television)?

The court may hear from a child under 14, but it is not required to. An analysis will be conducted to deem whether it is appropriate, but it has discretion on whether to allow it. 

Statement Evaluations for Family Mediation Services in San Diego

When children are not allowed to testify before the family court in San Diego, the judge will provide alternative means of obtaining input.

These alternative means may include:

  1. Participating in a child custody mediation through Family Court Services
  2. Appointing a child custody evaluator or investigator
  3. Hearing admissible evidence provided by the parents, parties, or witnesses in the proceeding

Pertinent information from child custody counselors, interview centers, or professionals, may help to avoid unnecessary multiple interviews. 

If the child’s testimony is not taken, and an alternative means of receiving input is selected, that alternative means must:

  • Be in writing and fully document the child’s view on the matters on which they wish to express an opinion.
  • Describe the child’s input in sufficient detail to assist the court in its adjudication process.
  • Provide the court and parties with an individual who will be available for testimony and cross-examination.

As a standard process of Family Court Services in San Diego, this information will be filed in the confidential portion of the family profile to protect the child. If the judge does decide that the child should give live testimony, he or she still has the power to regulate the manner of receiving that testimony to avoid undue harassment or embarrassment.

The San Diego family court judge may decide on the following:

  • Where the testimony will be taken. This includes the possibility of closing the courtroom to the public or hearing from the child on the record in the judge’s chambers. 
  • Who should be present when the testimony is taken. Interviews with parents, attorneys, a court reporter, or a combination of the three with the judge. 
  • How the child will be questioned, such as whether only the judge will pose questions or permit parties to cross-examine the child. This includes child advocates or experts in child development who will ask questions in the presence of the judge and parties or a court reporter. 
  • Whether a court reporter is available in all instances, but especially when testimony may be taken outside the presence of the parties and their attorneys. If not, will it be possible to provide a listening device so that testimony taken in chambers may be heard simultaneously? Parents and their attorneys in the courtroom are allowed to make a record of the testimony.

Contact a Reputable San Diego Custody Lawyer Today

Child custody matters during a divorce can be tough, and having an experienced attorney by your side makes a big difference. Both mothers and fathers benefit from fair representation, helping to secure a balanced custody arrangement. 

When disputes get heated, especially with criminal charges looming, a strategic approach ensures the child’s best interests are front and center. Skilled legal advocates bring clarity and solutions, guiding you through these challenging times. Access to knowledgeable counsel not only eases the journey but also paves the way for a more positive outcome. 

If you need legal services regarding child custody and other family court matters in San Diego, seek the advice of a California State Family Lawyer. I, Michael C. MacNeil, have many years of divorce and child custody experience to competently represent your family law case. Please call for a consultation at (858) 922-7098. I look forward to helping you with any of your questions about divorce in San Diego.

FAQs

The non-physical aspects refer to the right to make decisions, including education and healthcare. Physical custody determines where the child lives, with both types often subject to rulings by the San Diego Family Court.
To avoid lengthy disputes, a neutral third party steps in to help parents reach an agreement. Typically, custody arrangements occur outside of court. San Diego Family Court Services supports cooperative decision-making, which is beneficial for the child.
Moving out of state typically requires court approval to modify an existing custody order. The family courthouse in San Diego often plays a role in assessing the impact of such moves on a child’s well-being.
Courts evaluate potential impacts on the child. They protect their best interests and measure parental involvement. Living situations also face assessments for stability and continuity. These are critical considerations for the Family Law Court in San Diego.
A reputable lawyer provides expert guidance and representation. Child custody disputes are complex. Experts, such as myself, help you navigate the legal processes within the San Diego County Family Court.