California child custody law is based on the grounds that “it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children” and that where it is in the best interest of the child “it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage”. The child custody law is based in these grounds because children are the real treasures of life and protecting them is top priority. As a result, child custody cases are some of the most difficult and complex cases to go through in the family law court system. These cases are typically very emotional for both parties.
THE COURTS AND MEDIATION
In California, prior to having your case heard by a Judge, parents and children that are six years of age or older are required to participate in mediation, which is also knows as Child Custody Recommending Counseling. This is a free service provided by the courts. It is the mediator’s goal to help you and the other parent create a custody plan that is in the best interest of your child. The mediators have special education in such areas as Marriage and Family Therapy and Social Work. Parents can also file declarations that inform the mediators why a parent believes that their custody proposal is in the best interest of their children. And, these papers must be filed within certain time limits. However, many parents make the mistake of providing information that is not helpful to their case. The mediator will talk to each parent, usually together, and then to any child that is six years of age or older.
NAKOS AND NAKOS CAN HELP
Nakos & Nakos understands that every child custody case is different and that each case has its own set of unique circumstances. As such, we work with you on a personalized basis to get a Court order that is in the best interest of your children. Nakos & Nakos will help with all aspects of a child custody case, including determining both physical and legal custody, establishing paternity, and creating a workable visitation schedule. Nakos & Nakos will help you understand what needs to be presented and discussed with the mediator and will help prepare the paperwork for the mediator to read. We also handle legal guardianship cases.
Many times, child custody cases can be handled without the need to go to court. However, our attorneys have years of trial litigation experience, and we will fight vigorously in the courtroom to help you get the results that are in your children’s best interests. If litigation is required, we will work directly with you to create legal strategies that are best for you and your children.
The last thing you want to do is handle a child custody case on your own. Instead, hire our team at Nakos & Nakos to handle all aspects of your child custody for peace of mind.