When children are involved in a divorce, the court’s decision becomes a bit more challenging.  In most contested cases, child custody is at the center of the conflict. Making orders that are in the children’s best interest is one of the main goals of the Court.  A “custodial timeshare plan” is often seen as the best solution when it comes to the children of you and your spouse.  But this is often a difficult task to accomplish.

Child Mediation

The Courts use several resources in determining custody issues.  First, any time the Court is asked to determine custody, you and your spouse will be required to attend “mediation.”  Mediation differs from county to county.

For example, the mediation appointment in Orange County is confidential and the normally the mediator does not make recommendations to the court.  In Riverside County, however, the mediator not only discloses portions of what the parents discuss, that mediator will make recommendations to the Court.  It is critical that you consult with your family law attorney about how best to present your case in mediation for your children’s best interest prior to your appointment.

Children & Legal Representation

The courts also reference experts to help determine what is best for the children.  Such experts as a “child custody evaluator” may be appointed by the court to complete an evaluation on the custodial timeshare and what’s in the child’s best interest.  Child custody evaluators can be very expensive.

If the Courts see the need, an attorney to represent the children in the situation may be appointed.  That way, the children have representation that acts in their best interest.  A child of “sufficient age and capacity” in California can state preference regarding custody.  The Courts still have an amazing amount of discretion on the weight given to the child’s preference.   (You may have noticed that I have not used the term “visitation.”  I do not believe a parent visits his or her child.  I believe their role should be much more significant.)

Family & Matrimonial Law Education

More and more, the courts are realizing the importance of counseling, workshops, seminars and other types of programs for children & families to understand the financial and emotional challenges associated with a divorce. 

Child support is a big part of the custody case.  Under California law, child support is determined by an algebraic formula that takes into account the net spendable income of you and your spouse and how much time each of you spends with the children.  This amount is calculated by various computer programs, the most popular being “Dissomaster” or “Xspouse.”

Also, almost every if not all of the other states have governmental agency that aids with the establishment of child support orders.  They also make sure that those orders are enforced.  The governmental agency of California is called the Department of Child Support Services.  Free services to any parent wishing to establish or enforce child support can be found here.  In addition, if a custodial parent is receiving public assistance, the Department will initiate a case for the collection of child support on behalf of that parent.

These are just some main points that will help you understand the very basic issues concerning your children in your divorce case.  One divorce will never mirror another and presents itself with different and difficult challenges.  To find out more information of how divorcing in California can affect your situation, please feel free to contact our family & matrimonial law firm for a free consultation online or by calling 888-364-0451.