Walker Law Corporation Articles

Child Custody, Visitation and Support during the Covid-19 Pandemic

Many parents are concerned about their child custody and/or visitation during the Covid-19 pandemic and need legal assistance in deciding how to handle the other parents demands or irresponsibility. Depending on whether you already have a Custody Order (see below) or if you are recently separated and do not yet have a custody order. In either case the health and well being of the children should be each parent’s paramount concern.

I already have a custody order for Child Custody or Visitation

If you already have a custody order in place you should follow the custody order. If you believe that there are valid safety concerns and that the current custody order will jeopardize the health or safety of your children you should call the Law Office of Sam Walker immediately for a free telephonic consultation on the options that you have available. The most likely best course of conduct would be to file an emergency Ex Parte request for the Court to make a different custody order until the Covid-19 pandemic has passed. What that entails is filing a request for the court to consider written evidence of the emergency and an eventual hearing on the emergency. Depending upon whether you are in Los Angeles or Orange County there are specified procedures that would need to be followed. More information can be obtained directly from the Los Angeles Superior Court website. Likewise the Orange County Superior Court offers information for parents at (View Resource) Basically, an Ex Parte emergency hearing would be justified if you are concerned about someone in the other parents household testing positive for Covid-19 or other similar types of health and safety emergencies. The Governor has issued emergency orders which affect the availability of the Courts to hear your matters on a non-emergency basis. The Governor’s Executive Orders can be found (View Resource). Likewise the Judicial Council of California has also put orders in place which impact the availability of the Courts (View Resource) If you have any concerns you may call us for a free 15-minute telephonic consultation.

I do not have a Child Custody or Visitation Order

If you do not have a child custody or visitation order in place you still have rights to see your children and if the other parent is not being reasonable in allowing you to share custody or visitation then you should call us for a free 15-minute telephonic consultation to discuss your options. Depending on your circumstances you may have sufficient grounds to file for a emergency Ex Parte hearing in the Family Court to obtain a Court Order for visitation or custody during the Covid-19 pandemic. At a minimum you should be entitled to video visits with your children and if there are no immediate threats to the health and welfare of the children some type of in person visitation or shared custody, depending upon the circumstances.

I have a Child Support Order but I need to make a change due to the impact of Covid-19

If you already have a Child Support Order and it is no longer enough to provide adequate support due or you can no longer make the payments due to loss of income or other Covid-19 impacts you should call us for a free 15-minute telephonic consultation. Filing for an emergency Ex Parte order for increased child support or a decrease in the amount may be a viable option depending upon the circumstances. Regardless of the situation you should consult with an attorney to determine what the right steps are for requesting a modification of your child support.

Have Questions On Child Custody, Visitation in Los Angeles and Orange County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Sam Walker

sam@attorneysamwalker.com

(714) 943-2336

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Walker Law Corporation Articles

Child Custody & Child’s Preference in Court

Child Custody upon divorce will be decided by the court if the parties cannot agree to a parenting schedule. If the matter proceeds to litigation there are numerous factors that will be relevant to the court’s determination of the parenting schedule which will be in the child’s best interests. The judge must consider the following factors to determine the best interests of the child and the parenting schedule for each of the parents: 1) each parent’s history of caregiving for the child, 2) each parent’s ability to be a fit parent, 3) the stability in each parent’s household, 4) the child’s health and safety, 5) either parent’s history of abuse or domestic violence, 6) either parent’s use of drugs or alcohol, 7) which parent is more likely to allow for and/or encourage a relationship between the child and the other parent, 8) whether either parent has made any false allegations of abuse against the other parent to gain an advantage in the litigation, 9) the residence of the child’s siblings if any, 10) the child’s preference and any other factors relevant to the child’s welfare.

CHILD’S PREFERENCE

A child’s preference should be considered by the Court in making any determination of custody or a modification of custody. A child’s preference is not determinative or conclusive but will be considered by the court in making the final custody order. If the child is over the age of fourteen the Court will allow the child to testify in open court as to their preference for living with a parent unless the court determines that testifying in such a manner would not be in the child’s best interests. Each party will have the opportunity to present their evidence, support or opposition to either parties wishes to allow the child to testify. The court will consider any and all factors which mitigate for or against allowing the child to testify. Any and all factors which have a potential to affect the child’s well-being will be considered by the court and the court will decide the weight to be given to the child’s preference for living based upon the reasons for the child’s preference. Each case will present different facts and circumstances for the court to consider. If a child under the age of fourteen wishes to express a preference for custody the Court is not required to allow the child to testify in court but does have discretion to allow oral testimony if the child is of sufficient age and capacity to reason, so as to form an intelligent preference as to custody or visitation. Courts will be more receptive to allowing a child who is closer to fourteen years of age to testify than a younger child.

COURT MAY PROHIBIT CHILD’S TESTIMONY IF NOT IN BEST INTEREST REGARDLESS OF AGE

The Parties must keep in mind that the court may prohibit any child regardless of age from testifying if the court determines that the value of the child’s testimony is outweighed by its lack of probative value, the emotional detriment testifying may have on the child, or otherwise testifying is not in the child’s best interest. The court will likely consider the impact upon the child of testifying including any affect upon the relationship with the parents. If the court determines that allowing oral testimony in open court is not in the child’s best interest the court will provide an alternative means for obtaining the child’s preference. If the court does not allow oral testimony the court will order that the Child’s preferences be determined through a counselor or other professional child custody evaluation.

Have Questions On Family Law in Los Angeles and Orange County?

Long Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Newport Beach Law Office

Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com

Sam Walker

sam@attorneysamwalker.com

(714) 943-2336

Tag: Child Custody