CUSTODY AND VISITATION
SITUATIONS THAT DIRECTLY AFFECT CUSTODY AND VISITATION:
- CHILD ABDUCTION
- RETURN CHILD TEMPORARY ORDER
- DOMESTIC VIOLENCE
- CHILD ABUSE
- REFUSAL TO ALLOW VISITATION
- REFUSE TELEHONE CONTACT
- MOVE AWAY WITH CHILD
- CHANGE SCHOOL
- CHANGE RELIGION
- CHANGE SPORT
- EX PARTE (EMERGENCY GO TO COURT TOMORROW)
- SUBSTANCE ABUSE (DRUGS, ALCOHOL)
Before parents can address the issues of custody and visitation of their minor children, there must be an underlying action.
If the parents are married, either the mother or the father must first file an action requesting a dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action.
If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children.
Once an underlying action has been filed, the Court can address the issues of custody and visitation. Further discussion of custody and visitation can be located by referring to the appropriate underlying action.
PACT
Parents and Children Together (PACT) is a program designed to help separating and divorcing parents work together more cooperatively and effectively.
The goal is to help parents focus on their children's best interests. In special seminars taught at the Court, parents learn how to communicate more positively and parent more effectively.
CHILD CUSTODY EVALUATION
A child custody evaluation is a report written by a neutral professional about you, the other parent and your children. The report summarizes each parent's ideas about what would be best for the children and looks at information from teachers, doctors and other people who have had contact with your children.
A recommendation is made in the report as to what custody and visitation plan would be best for your children. The judicial officer and the attorneys for each parent receive this report.
The goal of a child custody evaluation is to provide the Court and the parties with objective information and recommendations about a family to assist the Court in issuing orders in highly contested custody disputes.
In formulating a recommendation, the evaluator analyzes the family dynamics as they affect the children, and searches for a solution that serves the best interests of the children.
The information contained in an evaluation may be used by the Court to issue custody orders or by the parties to reach an agreement. Since the evaluation is written by someone who is neutral and is knowledgeable about how divorce affects children, a custody evaluation a very important alternative dispute resolution tool.
Evaluations may be conducted by Family Court Services staff or by a private mental health practitioner.
WHY CHILD CUSTODY EVALUATIONS?
Child custody evaluations are useful when issues are not settled in mediation and the parents have serious concerns about each other's ability to parent the child(ren) involved. An evaluation may be useful in cases where any of the following issues are present:
- Concerns have been raised that either (or both) parent behaves in such a manner so as to physically or emotionally harm the child(ren),
- The social environment of either (or both) parent appears to be harmful to the welfare of the child(ren),
- The child(ren) has an adjustment or behavior problem which requires special consideration,
- One parent wishes to relocate with the child and the move will impair continuing contact between the child and the other parent.
WHAT HAPPENS DURRING A CUSTODY EVALUATION?
Although sometimes altered to fit the needs of a particular situation, evaluations generally follow a definite pattern in terms of the steps taken to obtain information:
- Interviews with the parents may be held jointly except in domestic violence cases or where it is otherwise inappropriate.
- Observation of the children with each of the parents in each parent's home and interviews with all other members of the household.
- Individual age-appropriate interviews with each child at issue, usually take place in the home of each parent.
- All pertinent collateral information
- interviews (usually telephonic) are done with other significant people. Evaluators exercise discretion in selecting those persons most likely to contribute information central to determining the best interests of the child(ren).
Every effort is made to apply comparable procedures with both parties.
If a parent resides in a neighboring county, the evaluator may ask that parent to come to Los Angeles County for the office interview and may either make the home call or ask an appropriate agency (if Court assigned evaluator is utilized) in the other county to go to the home. Private evaluators usually have interviews in their office and at the parties residence.
If the party resides at a greater distance and is unable to be interviewed in Los Angeles, the evaluator will rely on a local agency where available (if Court assigned evaluator is utilized).
(In those rare cases in which the evaluator is ordered to go to another jurisdiction for purposes of evaluating a parent in his/her own environment, orders must include an order for prepayment of travel expenses.
WHAT DOES THE EVALUATION REPORT LOOK LIKE?
The report describes the procedures used and all sources of information central to reaching the decision.
The report contains a summary of the information collected, the evaluator's assessment of the family dynamics and the needs of the children, and a recommended custody and visitation plan.
The original report is sent to the Court and each attorney/pro per receives a copy. The reports are identical in all respects except where criminal records have been obtained on the persons related to the case.
Criminal reports are attached to the Court's copy only. The attorneys' copies are marked with a request not to generate further copies.
Information contained in the report be discussed with the client in a way that the children's well-being is protected at all times, and the children do not suffer any repercussions as a result of their statements
HOW CAN THE EVALUATION PROCESS BE HELPED
Providing accurate information to the evaluator:
Keeping appointments:
Make sure you know when your appointment is scheduled and make every effort to keep those appointments. If an emergency arises necessitating rescheduling an appointment, be sure the evaluator is notified as soon as possible.
Efforts are made to set the evaluator's home visit within the existing court ordered visitation schedule.
However, in many situations, the home call appointment will differ from visitation times set out by the Court and the attorneys' cooperation may be needed to ensure the child(ren) are present in each parent's home for the evaluator's visit.
Explaining the cost:
Be sure you understand the payment obligation set forth in the Stipulation and Order for Appointment.
Any factors regarding inability to pay should be raised at the time the evaluation is ordered, so orders accommodating your client's financial situation can be issued.
Clarifying allegations:
Provide the evaluator with your concerns regarding the parenting of the children, and sources of collateral information, as early in the process as possible (desirably on the Parent Questionnaire).
The evaluator should investigate the allegations raised by both parents, including fulfilling legal mandates regarding reporting child abuse. However, the investigation of a specific allegation does not necessarily mean the evaluator is convinced of the truth or merit of the allegation.
Notifying the evaluator of any change:
The evaluator must be informed at the earliest possible date of all changes relating to the case including: substitution of attorney, change in Court date, settlement of the dispute, and address changes.
Encouraging full participation in evaluator's home visits:
You should have all members of your household present for the home visit, including step children and other children not at issue.
The purpose of the home visit is to observe the children with the people that live in that home and to interview the significant people in the child's life. Absent parties lead to a less comprehensive picture of the family.
MORE INFORMATION REGARDING CUSTORY EVALUATIONS
For your child's best interest, please investigate additional information.
