The Benefit of Professional Assistance in a Child Custody Case

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The Benefit of Professional Assistance in a Child Custody Case

Posted On : Mar-15-2011 | seen (706) times | Article Word Count : 514 |

Child custody or visitation disputes related to a divorce are often sensitive and difficult situations requiring mediation. This article explains how the mediation and legal process work in the State of California, as well as outlining how parents can be best prepared for their child custody or visitation case.

Have you ever wondered what the process is when you file for divorce and you have to settle matters of dispute related to custody of your children? It can vary by county and state. For example, in San Diego, California, mediation by the county is mandatory any time there is a dispute involving child visitation rights or child custody. The mediation can be done either through Family Court Services, the mediation branch of the acting court, or in the event that the parents are willing to pay for it, a privately-hired mediator.

Amongst the more than 50 counties comprising the State of California, the rules related to mediation of child custody and mediation disputes can vary dramatically. However, some parts of the mediation process are relatively consistent across the State. Specifically, a mediator in a child custody or visitation dispute is typically a mental health professional. Their goal is to attempt to get the two parents to reach a mutually-agreeable compromise on the parenting schedule. From here things can vary a bit. Some counties are recommending counties, and others are non-recommending counties. A recommending county means that the mediator will report their findings and recommendation revolving the dispute directly to the court. The judge is then given the discretion to rely on as little or as much of the mediator's findings as they see fit. However, these recommendations typically do carry some weight in the ultimate decision.

In San Diego County, the usual practice is that most judges will take the mediator's findings and use them at minimum as a starting point to make the final court orders. It is uncommon to find a judge that will deviate dramatically from a mediator's recommendation unless there is a very obvious reason for doing such.

In recommending counties especially, it is very critical that a mutually agreeable outcome can be made from the meetings between the two parents and the mediator. Due to the heavy influence that the recommendation has on the judge's ultimate decision, it is in the best interest of both parents to come to the mediation proceedings as prepared as possible. In and of itself, the preparation can shed a lot of insight into the entire process for participating parents. A lot more goes into the recommendation than simple common sense or good intentions, so having competent and professional help throughout the process is always advisable.

While financial considerations are usually a secondary concern to most parents in a custody or visitation dispute, it is a factor worth considering as the amount of child support payments is directly correlated to the amount of time spent with each parent.

In all counties of California, the goal of the court is to exercise their decision with the best interests of the child first and foremost in their mind. For parents seeking to do well in the mediation process and seeking to gain what they consider to be a fair decision, investing into the assistance of a professional attorney with child custody and divorce expertise is a wise investment to make.

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<h1>The Benefit of Professional Assistance in a Child Custody Case</h1> Author: <a href='http://www.articleseen.com/profile_Wilhelmina Thomas.aspx'>Wilhelmina Thomas</a> Have you ever wondered what the process is when you file for divorce and you have to settle matters of dispute related to custody of your children? It can vary by county and state. For example, in San Diego, California, mediation by the county is mandatory any time there is a dispute involving child visitation rights or child custody. The mediation can be done either through Family Court Services, the mediation branch of the acting court, or in the event that the parents are willing to pay for it, a privately-hired mediator.

Amongst the more than 50 counties comprising the State of California, the rules related to mediation of child custody and mediation disputes can vary dramatically. However, some parts of the mediation process are relatively consistent across the State. Specifically, a mediator in a child custody or visitation dispute is typically a mental health professional. Their goal is to attempt to get the two parents to reach a mutually-agreeable compromise on the parenting schedule. From here things can vary a bit. Some counties are recommending counties, and others are non-recommending counties. A recommending county means that the mediator will report their findings and recommendation revolving the dispute directly to the court. The judge is then given the discretion to rely on as little or as much of the mediator's findings as they see fit. However, these recommendations typically do carry some weight in the ultimate decision.

In San Diego County, the usual practice is that most judges will take the mediator's findings and use them at minimum as a starting point to make the final court orders. It is uncommon to find a judge that will deviate dramatically from a mediator's recommendation unless there is a very obvious reason for doing such.

In recommending counties especially, it is very critical that a mutually agreeable outcome can be made from the meetings between the two parents and the mediator. Due to the heavy influence that the recommendation has on the judge's ultimate decision, it is in the best interest of both parents to come to the mediation proceedings as prepared as possible. In and of itself, the preparation can shed a lot of insight into the entire process for participating parents. A lot more goes into the recommendation than simple common sense or good intentions, so having competent and professional help throughout the process is always advisable.

While financial considerations are usually a secondary concern to most parents in a custody or visitation dispute, it is a factor worth considering as the amount of child support payments is directly correlated to the amount of time spent with each parent.

In all counties of California, the goal of the court is to exercise their decision with the best interests of the child first and foremost in their mind. For parents seeking to do well in the mediation process and seeking to gain what they consider to be a fair decision, investing into the assistance of a professional attorney with child custody and divorce expertise is a wise investment to make.About the Author: Deandre Coleman is a resident of San Diego and the author of this article about the benefit of <a rel="nofollow" href="http://www.sandiegofamilylawyer.com/">San Diego Divorce Lawyers</a> for parents involved in child custody negotiations in California. Article Source: <a href='http://www.articleseen.com/Article_The-Benefit-of-Professional-Assistance-in-a-Child-Custody-Case_55998.aspx'> http://www.articleseen.com/Article_The Benefit of Professional Assistance in a Child Custody Case_55998.aspx</a>

Article Source : http://www.articleseen.com/Article_The Benefit of Professional Assistance in a Child Custody Case_55998.aspx

Author Resource :
Deandre Coleman is a resident of San Diego and the author of this article about the benefit of San Diego Divorce Lawyers for parents involved in child custody negotiations in California.

Keywords : divorce, child custody, visitation, professional mediator, legal, lawyer, attorney, california, san diego,

Category : Reference and Education : Legal

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