Child Custody in Los Angeles
Lovette Mioni, Esq. answers questions about how judges in Los Angeles tend to view child custody and things parents can do to make custody cases a little easier.
How do divorce proceedings with a child custody issue compare to divorce proceedings without?
Divorces with child custody issues are much more complex than divorces without minor children or in which the parties agree to a child custody issue. If you and your spouse cannot agree on a custody schedule, one party will have to file a Request for Order with the court with their reasons for asking for the custody order they are requesting. The other party will get a chance to respond and give their reasons in favor or in opposition to the request for custody. The judge will then make a child custody order at the hearing. In some instances, the custody orders being requested are more complicated and require a child custody evaluation to assist the court in making a determination for what custody orders are in the best interest of the child.
Do you have suggestions for (potential) clients to prepare for the emotional and legal difficulties that come with custody disputes?
Taking a co-parenting class or going to co-parenting therapy can greatly assist you and your spouse in determining what custody schedule will work best for parties and the child involved. The more that is able to be settled out of court by agreement, the less the emotional and monetary cost of litigating child custody issues.
If you believe that you will not be able to reach an agreement on custody with your spouse, it is best to keep a journal or log of all the supporting information for why it is your child’s best interest for the court to order the custody you are requesting. For instance, if one party never attends any extra curriculars or school events for your child but is asking for 50% custody, you’d want to document all the missed soccer games and missed open houses or teacher conferences. This information would be very helpful to your case.
Is your advice different for men and women? Is your advice different for men and women in same sex marriages?
My advice is the same for both men and women or same sex couples. The laws were created to be gender neutral and are supposed to favor the best interest of the child, and not mother or father.
What concerns do your clients normally have when trying to get their desired outcome in custody matters?
Most notably, when parties are not able to agree on a child custody schedule, it’s because one parent views themselves as the primary caretaker. They are concerned the court will order 50/50 custody and the other parent doesn’t know how to properly care for the child. In these cases, if the other parent really doesn’t know how to care for the child on a 50/50 schedule, a step-up order, with custodial time gradually increasing may be an appropriate alternative. Each case has it’s own unique set of circumstances and concerns for parties. Its best to discuss your concerns with an attorney to see what can be done to obtain a custody schedule that will alleviate these concerns.
How would you describe the LA courts’/judges’ general view on child custody?
Courts like to see parents cooperating with each other and as close to a 50/50 schedule as possible with both parents playing an important part in the child’s life.
What factors can change a judge’s view?
They very much dislike when one parent acts as a “gatekeeper” to the other parent and limits the other parent’s custodial time. In fact, there is a family law code that says the court should favor the parent that is most likely to facilitate frequent and continuing contact with the other parent.
How common is it for a judge to consider childrens’ desires? Are children required to testify in court?
Once a child turns 14 years old, the court must take the child’s desires into consideration. However, the court does not have to agree with the child’s desires, they must merely take them into consideration. It may be that the child’s desires do not coincide with the best interests of the child.
Children are not required to testify in court and actually most judges will not allow it at all. If the child wants to be heard, often times the court will interview the child in chambers (not in open court) or will appoint the child his/her own attorney to interview the child and let the court know what the child has requested and the reasons for the request.
How do you approach child custody matters?
I start by asking my client what orders they want and them I ask then why they want those orders. We talk about what evidence they have supporting any allegations or concerns they may have. I then discuss possible scenarios and custody schedules. If we are able to settle the custody issues out of court, that is my preference as it allows my clients the most control over the situation. However, in some instances we are not able to settle the case and we will file a request for custody orders with the court to seek the custody orders my client would like to see implemented.