In San Diego County, attendance at mediation is mandatory if you have filed a motion for child custody and/or visitation with the Court. When filing the motion (Request for Order), the Court will give you two dates; a hearing date and a mediation date. Unless you elect to use private mediation (which you pay for separately and… Read More
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How Much Will My Divorce Cost?
The most common question I receive from a potential client is, “How much will my divorce cost?” While there is no way to identify the exact, total cost, here are some guidelines to help you along the way: Attorney’s Fees: A family law attorney will typically require that you pay a retainer to obtain legal… Read More
Can My Child Decide Which Parent to Live With?
Involving a minor child in a child custody matter should be done only if absolutely necessary. To assess whether a child’s testimony should be considered, the court looks to California Family Code Section 3042(a): “If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody… Read More
What NOT to Do During a Child Custody Proceeding
Emotions tend to be very heightened when parents are battling over their children. Parents may think irrationally, letting their anger for the other parent lead their actions. However, it’s important to always keep the child’s best interests in mind. Here are few tips on what not to do during a child custody proceeding: Do not… Read More
5 Tips for Child Custody & Visitation Agreements
Don’t make the schedule around specific school dates. School schedules change and, as a result, your visitation schedule may not play out as you originally planned. For example, if the intention is for father to have the majority of the summer, don’t state, “Father’s summer visitation will start on June 1st and end on August… Read More
Benefits of Mediation in Divorce Cases
More couples are choosing to mediate their divorce case rather than allowing the court to decide their fate. Mediation gives both parties the flexibility to structure their settlement in terms they feel comfortable with. Here are 6 ways you can benefit from mediation in your divorce action: Cost Effective: The average cost of a contested… Read More
Acceptable Types of Relief for an Ex Parte Application
Most people want immediate relief from the Court during their divorce case. However, if you file a motion (known as a “Request for Order”), you likely won’t receive a hearing date for several weeks. However, depending on the nature of your request, you may be able to obtain immediate relief from the Court. California Rule of Court… Read More
