To initiate a family law case in California‚ you need to file your papers with your local courthouse. Most counties have multiple courthouses. These buildings house the family law clerk’s office. Although most courthouses have limited staff‚ most do not have typical business hours.
Pretrial conferences
Pretrial conferences are held by the judge‚ and are designed to help parties reach an agreement on important issues before trial. During these conferences‚ the parties discuss the status of the case‚ set timelines for discovery and arguments‚ and discuss whether a trial will be necessary. Usually‚ the judge sets a date for the trial at the end of the pretrial conferences.
Pretrial conferences can help parents reach a settlement that is fair and reasonable. During these meetings‚ attorneys will report back to their clients about what was discussed at the conference. In some cases‚ a judge may order mediation or a custody evaluation to help the parties reach an agreement. Afterward‚ the judge will issue an order that will become part of the court record.
Hearings
The process of resolving family law disputes typically begins with hearings. These are typically scheduled about a month or two after the request for orders has been filed. While the hearings are generally short and simple‚ they are important because the issues raised must be boiled down and narrowed down before the judge can determine a final decision. If the issue is complicated or a difficult one‚ long cause hearings may be necessary to resolve it. Your attorney will be able to discuss whether a hearing is necessary.
Family law hearings are typically the most serious and involved type of hearings. They are not open to modification after the hearing‚ so it is critical that you prepare yourself before the hearing. In most cases‚ you’ll have about 20 minutes to prepare‚ so it’s best to arrive early.
Modifications
While the process of family court modification is generally straightforward‚ it is often challenging and involves several issues that need to be addressed. These cases are best handled by an experienced California modification lawyer. These lawyers know how to present evidence that demonstrates a change in a child’s circumstances. They will be able to help you reach an agreement with your partner.
The first step in obtaining a modification is preparing the necessary paperwork. Often‚ the Family Court will provide a facilitator to help you file the proper paperwork. However‚ if you are having trouble writing or completing the papers‚ you should contact an experienced San Diego order modification attorney. They can review the entire case and advise you on the best course of action.
Move-away requests
A move-away request can take months to resolve‚ depending on the circumstances. It might require mediation in court‚ an evidentiary hearing‚ cross-examination‚ and other issues. Moreover‚ the move-away parent must demonstrate that the move is in the best interests of the children. The parent who is moving with the children will also need to explain how they will keep in touch with the other parent. For instance‚ they may try virtual visitation and email to remain in touch with their children.
To move-away‚ the parent who shares physical custody of the children must file a move-away petition in family court in California. During the hearing‚ the court will consider whether the move-away is in the best interest of the children and whether it will not frustrate the other parent’s relationship with the children.
Judges’ discretion
California’s family courts exercise their discretion with regard to the custody of children. This may include considering a parent’s history of violence and substance abuse. However‚ these factors cannot be used as a sole factor when deciding custody. While judges are not permitted to hang their hat on any one factor‚ they do often look at all the facts and evidence to make a decision about custody.
In the Gussin case‚ the court rejected general rules that would narrow the discretion of family court judges. In addition‚ it criticized HRS SS 580-47‚ which creates rebuttable presumptions.
