INDIO CHILD CUSTODY AND VISITATION LAWYER
Parents going through a paternity or divorce case will encounter a family law court that has the authority to establish court orders for child custody and visitation. The court also has the power to modify court orders after a judgment is entered.
The Larson Justice Center is the family law courthouse in Indio, and family law courts have jurisdictional requirements allowing these courts to hear child custody and visitation cases to establish court orders. Although jurisdictional issues seem quite simple, they can get very complicated. If your local courthouse does not have jurisdiction to hear your case, you may need to deal with a court that is far from your home. Joseph Torri is an Indio child custody and visitation attorney that can help you make sense out of these legal issues.
Joint legal custody and joint physical custody are the two types of child custody and visitation. One parent can have sole legal and sole physical custody while the other parent has visitation. However, both parents frequently obtain joint legal and joint physical custody. Making decisions about a child's medical decisions and where the child will attend school involve legal custody. Physical custody issues involve deciding whether one parent has sole physical custody or whether they will have joint physical. The non-custodial parent can obtain visitation on a consistent schedule and for the holidays. When a new case is created with the court, one parent usually files a request for order for child custody and visitation. The parent can also file for child support and alimony. California technically uses the term spousal support and not alimony. These orders are generally temporary until the parties come up with an agreement that becomes a judgment or the court has a trial over all of the issues.
While many parents stipulate to their own child custody and child support orders, the court usually has to decide these issues for parents who are unable to reach an agreement. The court will consider the child's health, safety and welfare along with whether there has been domestic violence and many other factors. California law requires that parents have frequent and continuing contact with both parents unless there are reasons for thwarting this objective. Depending on the child's age, the court can consider the child's preference and what parent has been the primary caretaker. Looking at the issue of children with siblings is important since the law aims to keep siblings together. Drafting declarations for the court to read ahead of your hearing date is crucial and parents should put relevant facts and information in these declarations. Knowing how to respond to the other parent's paperwork is critical since the other parent most likely is letting the court know of all the dirt. Parents should consider their child's best interest and retain an Indio child custody and visitation attorney.
PARENTS' RIGHTS ATTORNEY INDIO
Fierce litigation can occur in cases where child custody and visitation is challenged. Mediation is mandatory in California, and parents must attend mediation or child custody recommending counseling prior to a court date for custody. Mediation should help parents reach agreements and is supposed to reduce the hostility between them. Judges truly prefer cases where the litigants reach their own agreements. Neither the judge nor the parents (in general) really want a person in a robe making decisions affecting your life. Child custody recommending counselors will provide a report for the court, but some counties do not utilize these counselors and no report is provided to the judge. The family law judges at the Larson Justice Center in Indio will receive a report from the counselor. Riverside County is a child custody and recommending counseling jurisdiction. Parents should be prepared for these mediation sessions and it is important to have an Indio fathers' rights attorney before attending mediation. Knowing how to behave and handle your situation is very important. Knowing the parenting-plan you are seeking specifically can help reduce friction and show what is in the child's best interest.
Complex child custody and visitation cases may result in a psychological evaluation occurring. The parents, mediator or the court can request an exam. Evaluations are very expensive since one or both of the parties may have to pay the evaluator directly. These evaluations are truly necessary in some cases since the evaluator can really get an in-depth analysis and report the results to the court. The evaluator will need the cooperation of both parents, but you can see the direction of where the case might go if one parent does not cooperate. Indio family law attorney Joseph Torri can help you through this process.
MOVE-AWAY OR RELOCATION CASES
Parents may find themselves in a scenario where the other parent files a request to move-away with the children. While moving down the street is no big deal, moving to another state or country creates life-changing events. Relocation cases are fact-sensitive and generally require a 730 evaluation. Parents should refrain from simply taking the children to another state or country unless the other parent provides written consent or the judge makes court orders allowing the move. The court can hold a parent in contempt of court for a willful violation of a court order. Parents can be jailed and fined for violations of court orders. The Hague Convention will govern the analysis for the unlawful removal of children. Child abduction is a serious issue when parents willfully remove children from the United States in violation of custody orders. Hiring an Indio family law attorney is critical in dealing with move-away cases.
If you need a Cathedral City divorce or child custody lawyer, please call our office at (866) 630-5757 or send a request through the website. We represent clients living in the Coachella Valley at the Larson Justice Center in Indio. Parents in Palm Springs, La Quinta, Palm Desert, Cathedral City, Bermuda Dunes and the remainder of the cities in the Coachella Valley should call our office if they intend to hire a divorce or paternity lawyer.