Parents filing for a divorce in Los Angeles should never come at the expense the children’s care. Disagreement on issues of the kids’ welfare, health care and general upbringing decisions must be resolved.
That is the reason a child custody attorney may be involved. There are certain things that apply in Los Angeles area that you must understand when pursuing child custody battles.
The law in Los Angeles, California dictates that all child custody contested cases should go through a mandatory court mediation process. This is a rule that applies in the whole state. As much as parents may think that divorce mediation is a waste of time, the law does not provide any exceptions. Once you file your papers, the court allocates a mediation date. The family court requires actual attendance and participation as this indicates good faith. However, this does not mean that parents should reach an agreement.
On abuse allegations
The court has a strict policy on handling child abuse allegations. Witnesses and testimonies are required during the hearing. The matter is the referred to social services for further investigations. A child custody evaluator comes in to make an assessment before custody is given.
You do not have to file for a petition if you and your child’s other parent are in agreement about the parenting plan. Submit the detailed plan clearly indicating visitation periods then submit it to the court’s clerk. This becomes an official custody order when a Superior Court judge signs it.
Petitioning for custody
Incase both parents cannot reach an agreement, the Los Angeles Superior court requires that you file a petition. If an open case already exists, ask for custody through filing a request order at the court’s clerk. When there is no case, file for custody, petition and support of a minor child before get the hearing order.
Once the court process is complete and there are stamped copies of the case, the judge ordered mediation before a hearing is allowed.