Child Custody and Visitation Process
There are many issues to consider before initiating the child custody proceedings, such as procedural problems, emergency custody orders, or move-away requests.
If the parents are unmarried then there must be a determination of parentage before the court can consider custody and visitation requests. There are many ways to determine parentage, including presumptions, stipulations, and voluntary declarations of paternity.
After parentage has been determined, the court will require the parents to attend mediation if a stipulation cannot be reached as to legal and physical custody requests. After the parents attend mediation, a Child Custody Recommending Counseling Report will be issued and a recommendation will be made to the court. Unless there are legitimate and compelling reasons that the recommendation should not be followed, the court generally follows the recommendation. Therefore, it is imperative to speak with an experienced Child Custody Attorney before attending mediation in order to know what to expect during the process. To talk to an experienced attorney in the area of child custody and visitation, please contact us today online or by telephone at 951-683-2297.
The issue of child custody and visitation also arises when one parent has a restraining order issued against the other parent. Here, the restrained parent may be restricted from even visiting with their child. When faced with this difficult issue, it is important that you receive proper representation in order to ensure that the custody order is ultimately fair for all parties, especially the children involved.