Divorce With Children

Special Issues in a California Divorce Involving Children

Going through a divorce with children brings up additional challenges not seen in a divorce where no children are involved. For instance, unless you and your spouse can agree on child custody, it is imperative that you get yourself a good attorney.

Furthermore, the court will likely need to make immediate orders concerning custody, visitation and child support. In order to obtain orders before trial, you must file an Order to Show Cause. This is simply scheduling This is simply scheduling time to see the judge so that he can make specific orders about your case. These orders will usually be for child custody, visitation, and child support.

Normally, the parent who has custody of the child is the one to file the divorce. This is because that person will normally be entitled to child support and will need to get started right away. Otherwise, if a divorce is not filed, the court has no power to make any orders for support and the each month that goes by without support having been ordered is child support that is forever lost.

Sometimes, the parent who does not have custody of the child will want to file first. This is usually in the situation where he or she is denied access to the child. That parent will want to immediately file for divorce, and perhaps retain a divorce attorney, in order to obtain a court order for visitation.

Child custody can often be resolved with the help of a court mediator. This is a meeting between the parents and a court employee who is trained in helping the parties reach custody agreement.  After mediation, that person makes a recommendation to the divorce judge, who may or may not follow the recommendation.

It normally takes about six weeks to get a court date, which means it takes about six weeks to obtain a court order for child custody, visitation, and child support. Sometimes, a parent cannot wait that long because there is some sort of emergency. Examples of an emergency include one parent threatening to kidnap the children, domestic violence situations, one parent having a drug or alcohol problem, or any other situation where the child is in danger.

If a child custody cannot wait because there is some sort of emergency in your case, you will need to retain a divorce and family law attorney to help you file papers called an ex parte. If you live in the Temecula, Murrieta, Menifee, Wildomar or Hemet area, this paperwork will be filed in the Hemet courthouse. It asks the court to protect your child by making temporary orders until the judge can have a full hearing.  As for child support, it is calculated using a computer program based upon a number of factors.

If you are experiencing a divorce with children, or have any questions concerning any other family law related issue, please call our office to make an appointment for a free consultation with one of our experienced family law attorneys.