Friday, May 25, 2007

Important Legal Terms in Custody Disuptes

The Information provided here is to help you to become familiar with the terms which will be used in any California custody proceeding.

730 Evaluation Any investigation conducted by an expert, appointed by the court, to help the judge decide child custody.

3111 Investigation An investigation to help the judge determine in custody situations whether one party is a detriment to the children.

Change of Circumstances Once the court establishes a custody and visitation schedule, it will usually not change the schedule unless the situation of the parties or the children has somehow changed. Custody Evaluation Either a 730 Evaluation or a 3111 Investigation


Detriment A finding that one parent is harmful to the children’s welfare.


Ex Parte A request for immediate court orders based upon some danger to the child.

Joint Legal Custody The parties have to meet and confer regarding major decisions and allows both parents equal access to information about the children.

Mediation A court-ordered meeting wherein the goal is to help the parties settle custody issues without the necessity for court intervention. Mediation is required before the court can make orders.

Minor’s Counsel A court-appointed attorney for the children.


Order to Show Cause The scheduling of a court hearing.

Parent Orientation Program An on-line video about the affects of divorce on children. The video must be viewed before attending mediation.

Physical Custody How much time the children spend with each parent.

Primary Parent The parent who spends the most time caring for the child.

Primary Physical Custody The parent the child spends the most time with.

Sole Physical Custody The parent having exclusive responsibility for the children, and usually with the other parent only having limited contact.

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