Los Angeles Divorce: Los Angeles Child Custody Mediation

When parents separate or divorce in Los Angeles California and child custody is contested, the parties can attend child custody mediation in Los Angeles County to sort out their disagreements regarding child custody and visitation. Child custody mediation in Los Angeles County is a form of alternative dispute resolution that may be scheduled by appointment with the Los Angeles County Family Court Services mediation or Conciliation Courts.

In a contested child custody matter in Los Angeles, child custody mediation is required before the parties can have a litigated hearing in the Los Angeles family court. In other words, the parties must first attempt to sort out their child custody and visitation disagreements through child custody mediation in Los Angeles before a Los Angeles Superior Court judge or commissioner will hear the child custody dispute in a litigated hearing.

Typically in child custody mediation, both parents are asked to complete a child custody mediation information intake form. The intake form can help the Los Angeles mediator learn more about the child custody and visitation issues being disputed before meeting with the parents. The mediator may meet with the parents together or individually and will typically facilitate the discussion in attempts to help the parents resolve their disputes. In child custody mediation, the parties may resolve all, some, or none of the child custody issues being disputed.

In Los Angeles County mediation is confidential, which means the mediator will not report to the court what was discussed in mediation. Mediators may report to the court a signed mutual agreement which has been mutually accepted by both parties. Mediators may recommend a child custody evaluation or investigation or that an attorney be appointed to represent the child. Los Angeles County mediators are mandated reporters of child abuse, which means they are required to report suspicion of child abuse to Child Protective Services or CPS.

California Family Code section 3170-3173 describes the availability of child custody mediation and addresses child custody and visitation disputes involving modifications, domestic violence, adoptions, paternity, and stepparent and grandparent petitions. California Family Code section 3160-3165 describes the general provisions of child custody mediation and its purpose. However, since the specific details of child custody mediation and mediators may differ from county to county in California and can change over time, you may want to inquire with the Los Angeles Superior courthouse for more information. Further, you would be wise to consult a Los Angeles family law attorney, Los Angeles divorce attorney, or Los Angeles divorce lawyer to help you learn more about the local processes and local rules for child custody mediation and learn if child custody mediation is the right approach for your Los Angeles child custody situation.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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Florida's New Best Interest of the Child Factors

Florida's "best interest" of children factors will change on October 1, 2008. Notice the clear emphasis on demonstrating parenting behaviors and a history of meeting the child's needs. Keeping children away from the divorce case is another area that is now clearly spelled out in the law. Here are the new factors:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

These are the factors a judge will use when determining all child-related issues starting October 1, 2008. Remember, when the law changes there will no longer be a "primary residential parent" and parenting plans will be required.

Much more than a visitation schedule, parenting plans must be comprehensive and cover not only time sharing, but decision-making and child support.

DIY Divorce has been exploring the new parenting plan requirements on the blog at http://www.diydivorcefl.com All the changes are already incorporated into our free Tele-Test Drive Basic Florida Divorce class. Visit the website to sign up for one now.

Pamela S. Wynn has practiced family law in Florida for more than 23 years.

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Father Child Custody - Still Possible Even After False Allegations

It is hard enough to deal with the fact that you have to fight to be able to have "the right" to be with your child every day. It is a well known fact that fathers fighting for custody are rarely awarded custody of their children when there are issues. Although, this has been true in the past, times seem to be changing and fathers are seeing that family courts are taking into consideration which parent can actually provide a safe and secure environment for the children. That being said, fathers fighting for custody still have a lot of work to do to prove that their children would be better off with them rather than their mother.

Factor in false allegations of child sexual abuse, then this uphill battle of father custody seems almost impossible to win. Unfortunately, these cases actually are almost impossible because of the lack of an experienced attorney. Usually, a local attorney will have a lot of experience in divorce custody matters, but will have little or no experience in child sexual abuse. The problem is that there simply are not enough attorneys out there that are experienced in both matters. If you do find one that is experienced in both, then you will find that they are very expensive for the fact that they must travel all over. This leaves fathers fighting for custody in an almost impossible situation. What else can fathers do but to hire the local attorney and hope for the best?

Normally, fathers fighting for custody must prove he is a fit and caring parent, and he must prove the mother is unfit. Add in the fact that he has to defend himself against false child sexual abuse; father child custody is simply not an option. The courts must have a good enough reason to uplift the children from their home.

Although it seems that there is no way possible for father child custody when the father is accused of child sexual abuse, it can be done. However, the father must have a precise case with a planned out strategy.

Your attorney will have a specific strategy with questions and suggestions for you to follow to help you in your father custody trial.

A good attorney will:

Recognize a father's emotional state - This is the most important step and one most attorneys will overlook. Fathers fighting for custody are going through a lot of stress at this point in their, and it is to the best interest of the father for the attorney to determine any emotional problems and learn how to deal with them before the courts are introduced to him.

Face Adverse Issues Upfront - It is important that any allegations that could possibly be thrown out in court be dealt with and admitted to upfront.

The father's image - Fathers fighting for custody must convey an image that the courts feel is acceptable and secure for children. Take a parenting class, become a part of your child's sports events or hobby or attend church.

When criminal charges of child sexual abuse surface, it is important that you never accept a plea. If your attorney recommends you take a plea, than it is time to replace him. Accepting a plea in a father custody case is no better than accepting guilt. If you are not guilty, do not take a plea stating that you are guilty. With the proper attorney, you will be freed of these charges.

There is a possibility that you can take your children home with you, even after allegations of child sexual abuse are made. With the right attorney, a lot of research and the desire to do whatever it takes to wake up each morning to see those bright smiles, there truly is a possibility of being awarded father child custody.

Michael Waddington is an expert court martial attorney and criminal military defense lawyer defending military personnel worldwide. He defends all levels of court martial cases.. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com

He has successfully defended numerous high profile military court martial cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).

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Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.

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The Causes and Effects of Domestic Violence on Women

There are increasing cases of domestic violence in the United States today and in many cases a Chattanooga lawyer is confronted with the question whether domestic violence is a crime which can be punishable or not. Chattanooga lawyers may help the victim of such incidences through legal proceedings and litigation if need be. However, this is a serious problem in not just in the United States of America but in the whole world. Each and every day can become fearful for women who are made victims of violence.

Violence against women and children is a serious matter and it can include verbal abuse, mental abuse, physical abuse, spiritual abuse, financial abuse and sexual assault. In many cases violence has lead to death or serious physical injuries. Most of the victims try to hide this problem from the society and even try to solve this problem themselves and it becomes too late. The abuse comes in different forms and is used to create an environment of fear for women and children as well. No matter where a person lives, the most common victim of abuses and domestic violence is women and the one responsible for such acts of the men of the house.

The causes of domestic violence are numerous and varied. It may start if men feel the need to dominate and control the women. There are times when women hold a better qualification than men and once men start feeling inferior they start dominating over the partner. Some men have the belief that they are more superior to women and they have rights to control their partners. Other causes may include alcohol and drug abuse, low self esteem, jealousy and other strong emotions.

There are numerous effects of violence on women and children. It can affect them physically, socially and psychologically. These victims often feel isolated from families and friends and most of the time lose their social support. Victims who have been abused since ages start living in fear even in their own homes where they are always supposed to feel safe. If the couple have children, then child abuse is also common in the same family. Studies have found that more than fifty percent of men who assault their wives also assault their children. More than five million children around the world witness their mothers being abused every year. In most cases, domestic violence results in injuries and neglect of children. The couples who are involved in violence almost everyday have greater chances of committing suicide. It has also been found out that the victims of such acts attempt suicide as the only way to get rid of the problem.

Domestic violence occurs in all cultures and religions. Anyone can become victim of such acts regardless of age and race. It is extremely important for women who are dealing with these kinds of situations to seek professional help as this can have detrimental effects on them as well as their children. Women are advised to share their stories so they can be helped.

Connor Sullivan has contacted a Chattanooga lawyer for information in order to write an article on the topic. He hired several Chattanooga lawyers for an upcoming trial.

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Should You Fight Your Child Custody Battle on Your Own Or Should You Hire a Lawyer?

If your ex is threatening to take your children from you, you are probably trying to decide whether or not you should fight your child custody battle on your own or if you should hire a lawyer. Here are a few tips for you that will help you decide whether you can successfully negotiate a child custody arrangement yourself and when it is time to find legal representation.

1. Will your ex try to get full custody of your children? If your ex is fairly reasonable and will work out custody arrangements that suit you both, then hiring a lawyer might not be necessary. But if you have a gut feeling that your ex will try to take your children from you and not give you any visitation, or that the negotiation will take a turn for the worst, a lawyer might be the way to go to ensure that you keep your parental rights.

2. Will your ex hire a lawyer to fight for custody of your children? If your ex has already hired a lawyer, it might be a good idea for you to hire one as well, if you want to keep your children. You do not want to be at a disadvantage when it comes to the courts, and a lawyer can help make sure all of your ducks are in a row when it comes to the custody hearing.

3. Can you do all of the proper research about making custody arrangements all on your own? If you feel confident that you can research everything you will need to know about child custody court hearings all on your own, then you might be able represent yourself in court. You can also check around your city for lawyers that offer child custody consultations and get some good tips and information about how what you will need to do at a child custody hearing so that you can research it yourself.

If you really want to negotiate a child custody arrangement without a lawyer, click here for something that will help.

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