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San Diego Child Support and Child Custody laws

 


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In San Diego California divorce cases, child custody is often contested. A court order can be issued ordering a California child custody evaluation, aka a “730 Evaluation”. This happens when parents don’t come to an agreement on the custody arrangements for their children. On occasion San Diego divorce attorneys along with the parents will agree to and schedule and evaluation before the courts demand one. In other instances, a single parent might request this evaluation but it would need to be approved by the judge.

To provide equanimity for divorcing parents to provide for their children, child support laws were established. Once the selection of the custodial parent has take place, the differences in income are established and , depending on how significant those differences are, payments are established.

Advice on a 730 Evaluation

The custodial rights need to be set up before child support payments are figured out and given to a parent. The 703 Evaluation process is used by the court to select a professional to study the family’s situation. This expert then decides which type of custody schedule will serve the interests of the children. In California, this evaluation process is not a fast process; it may take weeks for the expert assigned to evaluate all the intricacies of the family dynamics. The courts will typically use this professional’s final verdict in the child custody and child support case decision.

Selection Process for a 730 Evaluation Professional

It’s the court’s sole decision to select the individual expert to handle the 703 Evaluation. This individual is likely a licensed mental health professional whose focus for the report will be completely on the mental effects of the recommendations for custody. After this stage, the courts are left with putting it into legal perspective.

Reversing or Challenging a 730 Evaluation

In the case of one of the parents not agreeing with the experts evaluation, that parent can challenge the findings. The process of the challenging the court appointed professional’s findings is not an easy task, as the judge will be very influenced by their own expert’s findings. In this case, if the parent persists in the challenge, the examiner will be put on the witness stand and cross-examined. New evidence from the parent’s expert can be introduced during the cross. This way the parent can present their valid reasons and provide a different perspective for challenging the settlement arrangements.

Do you find yourself faced with a hard child support or child custody battle? Do you feel you could benefit from professional counsel that’s compassionate, considerate and could help resolve the issues in an equitable fashion? Please consider the professionals at The Edmunds Law Firm . You can call 800-431-2526 or fill out the contact form on our website . Edmunds Law Firm, with over 33 years experience, is able to handle many types of complicated divorce cases in the San Diego CA area. You’ll find offices nationwide as well.

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