How Does Custody Modification Process Work in California
My question involves a child custody case from the State of: California
What can I expect during the child custody modification process? I have filed a request to modify my current order. The original order (now five years old) no longer reflects our current arrangement. While I used to have the kids only every other weekend, I have for over two years had them every other weekend plus two overnights per week. My original request was to modify the custody order to reflect the status quo. Since then, my ex-wife filed a move-away request, which would mean seeing the kids only every other weekend. I do not want that to happen. The kids are 10 and 15 and have expressed a desire to live with me full time, and I don't believe that moving away is in their best interest (since they are established in school, with their friends and their own activities). The ex-wife and I have been to mediation twice now (once for my original request for modification and then again for her move-away request) and she's made it clear she will not budge, at all. Now, we are about to see the judge. I am curious how this is going to work, and how long it may take. Is this something that could potentially be resolved after the first hearing with the judge?
Thanks for your input.
Re: How Does Custody Modification Process Work in California
What type of hearing is scheduled? If by "see a judge" you mean, you're about to have a custody trial, you should be working with a lawyer and pose your questions to your lawyer. The only way to avoid a trial is by settlement, and you would know better than us if there's a chance of you and your spouse reaching a mutually acceptable resolution. There is no way that we can reasonably predict the outcome of custody litigation with the miniscule amount of information available to us.
Re: How Does Custody Modification Process Work in California
Thanks. What I'm looking for is really more general information on the process. By "see the judge" I mean that we are scheduled to go before the judge for resolution, since mediation has not worked. I don't know if that's considered a trial. So far, it's been referred to as a "hearing". I do have an attorney, and up to this point I've been informed about the early stages of the process including elements of filing, documentation, mediation, etc. However, I would just like a general guideline so that I know what to expect so I may be better informed before seeing my attorney next.
Sorry for the minuscule amount of information... I'm trying to keep it brief. No need to predict any outcome either. Like I said, just curious about the process. For example:
Under what circumstances might a modification & move away case be resolved at the first hearing?
How many subsequent hearings would typically follow?
If the kids' personal preferences are to be considered, is it a necessity that the court appoint them legal counsel?
Could this drag on for a year, or is a couple months a reasonable estimation?
Thank you.
Re: How Does Custody Modification Process Work in California
Quote:
Quoting
alucardshield
Thanks. What I'm looking for is really more general information on the process. By "see the judge" I mean that we are scheduled to go before the judge for resolution, since mediation has not worked. I don't know if that's considered a trial. So far, it's been referred to as a "hearing". I do have an attorney, and up to this point I've been informed about the early stages of the process including elements of filing, documentation, mediation, etc. However, I would just like a general guideline so that I know what to expect so I may be better informed before seeing my attorney next.
Sorry for the minuscule amount of information... I'm trying to keep it brief. No need to predict any outcome either. Like I said, just curious about the process. For example:
Under what circumstances might a modification & move away case be resolved at the first hearing?
How many subsequent hearings would typically follow?
If the kids' personal preferences are to be considered, is it a necessity that the court appoint them legal counsel?
Could this drag on for a year, or is a couple months a reasonable estimation?
Thank you.
Its absolutely possible for custody cases to drag on for a year, or even longer. In your case, I suspect that would be somewhat of an advantage because mom might possibly end up giving up her relocation plans if it drags out that long, or simply concede that the children will live with you if she does go ahead and move.
Re: How Does Custody Modification Process Work in California
CA happens to be pretty decently relocation friendly as long as the relocation isn't punitive. You'll both go before the judge and lay out why relocation should or shouldn't occur. The judge will ultimately make a decision as to what will happen and how the current custody and visitation arrangement will be effected.