Category Archives: Child Custody

Child Custody

What Happens at a Mandatory Child Custody Mediation?

What Happens at a Mandatory Child Custody Mediation?
Parents going through a divorce or legal separation need to know how their child-rearing responsibilities will be divided.  Ideally, the parents work together to establish a parenting plan that lays out the parties’ expectations about visitation and decision-making authority.  If the parents cannot do so, or if the judge does not approve the parents’ plan, the case is referred to child custody mediation.


The purposes of child custody mediation are threefold:

  • To reduce hard feelings between the parents;
  • To help the parents develop a parenting plan that is in the best interest of the child and that helps ensure the child’s continuing contact with both parents; and
  • To come to a child visitation agreement that is in the child’s best interest.

Mediation proceedings are confidential and are conducted by well-trained, neutral parties. Part of the mediator’s job is to help the family transition into its new relationship.  The mediator is required to consider the “best interest of the child” and the child’s “health, safety, [and] welfare” throughout the mediation process.  The mediator is also required to attempt to control for any power imbalances between the parties.


By law, the mediator must do the following:

  • Review the court file and intake form;
  • Conduct a parent orientation that explains the process and the child’s developmental needs;
  • If necessary, conduct interviews with the child;
  • Helps the parties develop a parenting plan; and
  • Discontinue the mediation if allegations of child abuse or neglect arise.

At the end of the mediation, if the parties come to an agreement, the mediator creates a written parenting plan.  The mediator also puts together a description of any additional case management or court procedures that may be necessary to resolve custody or visitation issues.


The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters, including child custody mediations. Make the call today to learn how our attorneys can guide you through the mediation process: (415) 293-8314.

Child Custody

Child Abandonment: How Does It Affect Custody Determinations?

Child Abandonment: How Does It Affect Custody Determinations?
By law, both parents have rights and responsibilities relating to their children.  Parents are required to support their children, including providing adequate food, shelter, and medical services.  Parents also have the right to parent their children.  This is an important right that courts take very seriously.  While child abandonment may affect custody determinations, courts are very proactive in protecting parental rights.


Under the California Family Code, three circumstances may result in a finding of child abandonment, if they are proven by clear and convincing evidence:

  • Both parents left the child without any provision for identification;
  • One or both parents left the child with another person for at least six months without providing any support and without communication; or
  • One parent left the child with the other parent for at least one year without providing any support and without communication.

In the second and third circumstances, the court must find that the parent acted with the intent to abandon the child.  Failing to provide identification of the child, to support the child, or to communicate with the child is considered presumptive evidence of a parent’s intent to abandon the child.  Token efforts of support and communication may be disregarded by the court in making its abandonment determination.


Abandonment may be considered as a factor in determining custody and visitation except in very limited circumstances.  The first exception is for a short absence or relocation during which the parent demonstrates no intent to abandon the child and during which the parent makes reasonable efforts toward regular contact with the child.  The second exception is when a parent is absent or relocates because the other parent actually committed or threatened to commit domestic or family violence.


It should be noted that the effect of abandonment on child custody is separate from the criminal offense of child abandonment under California law.  Before a parent may be found guilty of child neglect or abandonment, criminal charges must be brought and very specific findings must be made in a court of law.


Custody and visitation issues are at the heart of many relationship endings. If child abandonment is a potential issue in your divorce or separation, you need an attorney to advocate for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in child custody and child support matters. Call today to learn how our attorneys can protect you and your children: (415) 293-8314.

Child Custody

What Is an Independent Child Custody Evaluation?

What Is an Independent Child Custody Evaluation?
California judges have the right to order child custody evaluations any time they believe doing so would be in the “best interest of the child.” Often, judges order evaluations when the parties cannot agree about child custody.  This blog will discuss why evaluations are ordered, who conducts evaluations, and what evaluators do.


Why Are Child Custody Evaluations Ordered?


Whenever children are involved in a divorce or separation, emotions run incredibly high.  Sometimes, the parents are able to set their emotions aside and make custody and visitation decisions in the best interest of their children.  However, it can be very stressful to deal with child-related decisions during this difficult time.


Child custody evaluations are always ordered if the judge finds that there are serious allegations of child abuse.  They may also be ordered when any of the following concerns are present:

  • Mental health;
  • Substance abuse;
  • Parenting in a way that may negatively affect the parties’ child; and
  • A possible parent move or relocation.

Who Conducts Child Custody Evaluations?


By law, only a qualified evaluator may conduct court-ordered custody investigations.  People licensed in the following professions may serve as child custody evaluators:

  • Clinical social workers;
  • Psychologists;
  • Psychiatrists; and
  • Marriage and family therapists.

Evaluators are not eligible unless they are included on an approved panel or approved by the judge as meeting the requisite qualifications.

What Does the Evaluator Do?

The evaluator’s job is to pull together evidence the judge will use to make custody and visitation decisions and to make recommendations based on that evidence.  To do this, the evaluator considers the following:

  • Written documents, including medical records, as necessary, and any from social services or law enforcement agencies;
  • His or her observations of family members;
  • The results of his or her interviews with the parents, children, and other witnesses, as necessary; and
  • Psychological assessments.

The evaluator packages this information into a detailed written report for the judge.  The judge then uses the information to determine what custody and visitation arrangements are in the best interest of the child.


Child custody evaluations can be very stressful in a time that is already laden with emotions.  As you might imagine, having an experienced family lawyer by your side can help ease that stress and make a difference in the outcome of custody and visitation proceedings.  For something this important, you want an attorney with substantial experience in Northern California who will represent you aggressively. Please contact The Law Offices of Judy L. Burger at (415) 259-6636 to learn more.

Annulment, California Divorce, Child Custody, Domestic Violence

Best Interest of the Children: What Does It Mean for California Families?

Best Interest of the Children: What Does It Mean for California Families?
California courts often cite to the “best interest of the children” standard when making rulings and issuing decisions on family law matters.  Where does this language come from, and what does it mean for you?


California laws, in many places, refer to the “best interest of the children” or “best interest of the child.” The core statute on what this means is California Family Code § 3011, which is a general provision of law relating to custody.


Section 3011 lists several factors that courts must consider when determining what is in the best interest of children:

  • The child’s “health, safety, and welfare”;
  • Any history of abuse against a child, the other parent, or a parent’s significant other;
  • The nature and amount of the child’s contact with both parents; and
  • Either parent’s use of illegal, controlled substances, or habitual use of alcohol or prescribed controlled substances.

The “best interest of the child” standard applies to many types of proceedings:

  • Divorce;
  • Annulment;
  • Legal separation;
  • Actions for exclusive custody;
  • Custody or visitation actions under the Domestic Violence Prevention Act;
  • Custody or visitation actions under the Uniform Parentage Act; and
  • Custody or visitation actions under brought by a California district attorney.

The “best interest of the child” standard is also at play in related proceedings, such as child custody evaluations and parenting plans.


The California Legislature’s widespread application of the “the best interest of the child” standard shows its commitment to the health and well-being of children. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.

Child Custody

False Allegations of Child Abuse in California Custody Battles

False Allegations of Child Abuse in California Custody BattlesThe California Legislature, by law, has said that the primary concern in child custody decisions is the “best interest of the children” It is the policy of the State of California that the “health, safety, and welfare of children” are of the utmost importance.

It is not surprising, then, that false allegations of child abuse may be punished in custody battles in California courts.

The law gives judges the authority to take temporary steps deemed necessary to protect a child who is the target of alleged child abuse, pending the outcome of an investigation and report to the court.

When the investigation is complete, the court must make a determination about whether the child abuse allegations were true or false. If the court finds that the allegations were true, the abusing party has an uphill battle to obtain custody of any kind. That is because California law creates a presumption that a party who meets the following criteria should not receive custody:

  • The parent committed domestic violence;
  • Against the other parent, the child, or the child’s siblings;
  • In the last five years.


But what if the allegations were false?


California law provides stiff penalties for parents who knowingly makes false child abuse allegations. First, the party may be required to pay sanctions. The sanctions can include all costs incurred by the party who had to defend the false allegations, including attorney’s fees.


Additionally, the court may limit custody or visitation of the parent who falsely made the allegations under limited circumstances:

  • The parent made a report of child sexual abuse;
  • That he knew was false when he made it;
  • With the intent to interfere with the other parent’s contact with the child; and
  • A limitation in custody is necessary to protect the child’s health, safety, and welfare.


All of this must be supported by substantial evidence, and the court must consider California’s policy of frequent and continuing contact of children with both of their parents.


Limiting custody may include reduced visitation or supervised visitation.


As the law regarding false child abuse allegations makes clear, the health and well-being of your children are important not only to you, but to the State of California. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.

Types of California Custody Orders
Child Custody

Types of California Custody Orders

In California, as in most states, custody, visitation, and child support issues are intertwined. This blog will discuss the basics of custody law in California. You may read more about child support at our blog here, and visitation will be explained in more detail in a later blog.


California law recognizes two types of custody: physical and legal. Courts make decisions about these issues based on the best interests of the child. Custody is not granted based on the parents’ ages, lifestyles, religious beliefs, or sexual orientation. Also, in California, there is no presumption that custody of young child should be awarded to the mother. Indeed, by law, the sex of the parents may not be considered in making custody decisions. See Cal. Fam. Code § 3040(a)(1). California courts presume that the child’s best interest is supported by joint custody arrangements. See Cal. Fam. Code § 3080.


When most people hear the term “custody,” they usually think of where a child lives. This is called “physical custody.” Physical custody may be held jointly—by both parents—or by one parent, known as “sole” physical custody.


With joint custody, each parent has a “significant period of physical custody.” While a child’s time cannot usually be split in exact halves, the child in a joint custody arrangement has “frequent and continuing contact with both parents.” Cal. Fam. Code § 3004.


On the other hand, when one parent receives sole physical custody of a child, the child lives with and is under the supervision of that parent, and the other parent is given visitation rights.


The second type of custody is called “legal custody.” This term refers to the right and responsibility of parents to make important decisions for their children. Legal custody may be awarded jointly to both parents or to only one parent. 


If the parents have joint legal custody, usually both parents must agree on issues related to the health, education, and welfare of the child. This includes decisions about important aspects of the child’s life, such as the following:

  • Religious decisions, such as whether and where a child will go to church;
  • Medical and dental decisions, such as whether to get braces or undergo psychotherapy; and
  • What school the child(ren) will attend.


When legal custody is given to one parent, it is called “sole legal custody.” If a parent has sole legal custody, that parent has the exclusive right and responsibility to make these decisions for the child.


Often, parents can come to a mutually agreeable decision about child custody. When this occurs, it is certainly better for the child. However, if the parents cannot agree, a judge will make these decisions for them and memorialize them in an order that either parent can later enforce.


Custody issues can be among the most contested between parents. As you might imagine, how these matters are presented to a court can make a significant difference in the support order. You want an attorney with substantial experience in Northern California who will represent you aggressively. Please contact The Law Offices of Judy L. Burger at (415) 259-6636 to learn more.
How Is Paternity Established
California Divorce, Child Custody, Child Support

How Is Paternity Established and Why Does It Matter?

Establishing paternity—the father of a child—is increasingly necessary in today’s non-traditional family structures. People who have not been touched by this issue might be surprised to know that it is not simply a matter of DNA testing.


When a child is born to a married couple who reside together, the law presumes that the husband is the father. More and more often, however, children are born to couples who are not married. When this happens, a determination must be made as to the father of the child.


Medical care providers are required to provide information to the mother of the child regarding a “voluntary declaration of paternity.” If the mother and the father sign a voluntary declaration, the father will be listed on the birth certificate and will have paternal rights and responsibilities under state law. There is no test required to prove that the father is biologically related to the child.


When no one steps forward to acknowledge paternity, a superior court can make the determination. This typically happens when the biological father does not know of his parentage or wants to avoid involvement with the child. A paternity action can be initiated in court by 1) the child’s mother, 2) the man claiming or denying paternity, 3) a child support agency, or 4) an adoption agency. In this situation, DNA testing is normally used to resolve the conflict.


The reasons for establishing paternity are several. Foremost is the need for financial support for the child. It is also in the State of California’s interest to see that both parents support their child. Otherwise, public assistance may be necessary to support the child. Appropriately, and as noted above, the state child support agency can therefore bring an action to establish paternity.


Another reason for establishing the identity of the father is for health care purposes. Eligibility for health insurance is an important benefit for children. A court can order health care coverage as appropriate once paternity is established. Genetic health information is also important for the child’s wellbeing throughout his life. Many health care decisions are impacted by genetic predispositions inherited from one’s parents.


The emotional and social development of a child can also be positively affected by a child having a father in his life. Even though the father may not live in the home, appropriate visitation arrangements can be made that will support the parent and child relationship. Even if the relationship is minimal, children are better off emotionally and socially knowing the identity of their fathers.


The attorneys at The Law Offices of Judy L. Burger have extensive experience in family law, including paternity matters. Make the call today to learn how our attorneys can help you proceed through the divorce process while protecting your rights or those of loved ones: (415) 298-8314.
Child Preferences Regarding Custody and Visitation
Child Custody, Visitation

Child Preferences Regarding Custody and Visitation


Child custody in divorce cases can sometimes be hotly contested. Traditionally, courts have made decisions based on the information presented by the parties and their lawyers. The wishes of the children were either not expressed or expressed only through the parents. Since 2012, however, children are permitted to testify regarding custody and visitation arrangements if they so wish.


California Family Code § 3042 provides that if a child is of “sufficient age and capacity to reason,” her wishes will be given due weight. The law makes a distinction between children less than 14 years of age and those 14 or over. If 14 or older, the court is required to permit testimony if the child wishes unless it  determines that it is not in the best interest of the child to allow the testimony. Children under 14 are not prevented from testifying, but the court must find both that the child has the capacity to reason and that the opportunity to testify is in her best interest.


Some parents may be concerned about the opportunity for their children to weigh in on the custody and visitation arrangements of their divorce. The court, however, has both guidelines for hearing from a child and discretion in applying those guidelines.

California Rules of Court 5.250 provides instruction for the court for: 1) determining whether the child wishes to address the court, 2) determining whether addressing the court is in the child’s best interest, and 3) receiving the child’s testimony and other input.


The parties to a divorce or their counsel may inform the court of a child’s desire to address the court. In addition, the following persons have a duty to inform the court of a child’s desire to testify:

  • Counsel appointed to represent the child;
  • A child custody evaluator;
  • A child custody investigator; and
  • A child custody recommending counselor.


To determine whether it is in the child’s best interest to testify, the court must consider the following factors:

  • Whether the child is of sufficient age and capacity to reason;
  • Whether the child is of sufficient age and capacity to understand the nature of the testimony;
  • Whether the child is at risk emotionally if permitted or denied the opportunity to address the court;
  • Whether the child may benefit from addressing the court;
  • Whether the child’s anticipated testimony will be relevant to the court’s decisionmaking; and
  • Whether there are any other factors weighing for or against the child addressing the court.


The court has wide discretion in facilitating the child’s testimony. It can occur in open court as a regular witness, or the courtroom may be closed to the public. It might also be conducted in the judge’s chambers with or without the parties and counsel present. The judge is also empowered to reserve to himself the posing of questions on behalf of the parties. The purpose of these guidelines and the wide discretion granted is to ensure the comfort of the child and, thus, the value of the testimony proffered.


The health and well-being of your children are important not only to you, but to the State of California. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at The Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.

Child Custody

How Do California Courts Evaluate Requests to Move Out of the Area?

How Do California Courts Evaluate Requests to Move Out of the Area?Divorced parents often worry about whether they are allowed to move out of the area if they have custody of their children. Fortunately, the California Legislature has a consistent focus on the “best interests of the child,” which permeates all aspects of family law in our state.


Section 7501 of the California Family Code very clearly states that a custodial parent “has the right to change the residence of the child.” The only counterbalance to this, by law, is that a court may “restrain a removal that would prejudice the rights or welfare of the child.”


The right of the custodial parent was not always this clear. In 1996, the California Supreme Court considered whether a custodial parent had to prove that her relocation was “necessary” in order to move away from the area.


In that case, Burgess v. Burgess, the parents agreed at a mediation that the mother would have sole physical custody of the child and that they would share joint legal custody, both on a temporary basis. Their agreement specifically provided for visitation if the mother left the county.


At a hearing several months later, the mother revealed that she was planning to move to a city 40 miles away as the result of a job transfer. Later that year, the court entered an order approving the mother’s move and granting the father enhanced visitation rights.


The first appellate court reversed this order, finding that the mother had failed to show that her move was necessary, instead only showing that it was more convenient for her to move out of the area.


The mother appealed to the California Supreme Court, which ruled in her favor. The state’s high court found that the custodial parent, the mother, was not legally required to prove that her move was necessary. Rather, under the applicable law, Section 7501, she had a presumptive right to move her children. No showing had been made that the move was not in the best interests of the children. Rather, the move would benefit the time she was able to spend with them as their primary caretaker, and their father would still be able to visit with them regularly.


After the Burgess case, the California Legislature specifically added to the law on residence changes that its intention was to declare the ruling in Burgess “to be the public policy and law of this state.”


The attorneys at The Law Offices of Judy L. Burger have extensive experience in family law, including requests of the custodial parent to move out of the area. Make the call today to learn how our attorneys can help you protect the best interests of your child: (415) 298-8314.

Child Custody

Renewing a Family Law Judgment

A money judgment from a family law case does not expire. The judgment is active and valid until all monies have been paid in full. There are reasons, however, to have your family law money judgment renewed. Family law judgments accrue interest at the rate of 10% per year. For example, if you have a judgment for $20,000, the annual interest would be $2,000. After 5 years with no payments, the amount owed would be $30,000. If you were to have the judgment renewed, all of the money owed would become the new principle. In the example above then, the new principle is $30,000. So, the interest added each year thereafter would be $3,000 instead of $2,000. There is a filing fee, and you must renew the judgment within the first ten years after the date of the judgment. The debtor must be served with the new judgment and will have thirty days to file a motion to vacate or modify the renewal. If you received a judgment awarding you money in a family law case and have not received full payment, contact our office today. Judy L. Burger is known for aggressively representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call today to learn more about how we can help at (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online using our confidential inquiry form.