Document Sample
Child_custody__in_and_out_of_court_settling_of_San_Diego_divorce_cases Powered By Docstoc
Child custody, in and out of court settling of San Diego divorce cases

Word Count:

With the increase in the number of San Diego divorce cases, there comes a
complication of the issue of child custody to an extent that could not
have been imagined before. A San Diego divorce case does not entail just
the problem of the separation of the two spouses,

San Diego divorce,divorce attorney,child custody,divorce,Lawyers,San

Article Body:
With the increase in the number of San Diego divorce cases, there comes a
complication of the issue of child custody to an extent that could not
have been imagined before. A San Diego divorce case does not entail just
the problem of the separation of the two spouses, but also the division
of assets, assigning child custody and handling the taxes in a beneficial
way for the divorcing parties. Because of the legal complications of the
San Diego divorce cases and the associated child custody hearings,
lawyers find themselves getting closer and closer to the separating
couple, to the extent of becoming some sort of personal advisors. On many
occasions, the lawyer is the only one to be able to properly deal with
the complexities of a San Diego divorce. A San Diego divorce can become
so stressful that the members of the couple end up losing control of
their behavior, especially when child custody is at stake.

The issue of child custody may appear during several stages of a San
Diego divorce case. For one thing, given the delicate nature of the
situation, the attorneys may advise the couple to settle child custody
out of court, so as not to leave the final decision in the hands of a
judge that does not personally know the family and their circumstances.
However, the question of children can be so hard to agree on, that the
parents may just decide to leave it up to the court and then a large
portion of a San Diego divorce trial will focus on child custody.
According to the judges, the toughest question to settle during a San
Diego divorce is precisely whom to leave the children with. Usually, a
San Diego divorce and the associated child custody battle will be settled
in favor of the mother.

The ruling passed by the judge may not be the final word in a San Diego
divorce case though. After the confrontation in court, the struggle of
the San Diego divorce can continue unofficially and may even take on
violent forms. Especially as regards child custody, things can get rough,
as one of the parents may decide to by-pass the decision made during the
San Diego divorce trial and kidnap the child from the custodian parent.
Although this is not the norm, it can happen that emotionally unstable
parents feel the decision of the judge to be so unjust that they have to
take the issue into their own hands. The kidnapping is possible because
the child will trust the non-custodial parent, so the little one may be
taken away without much ado. If there is a need for a stronger
confrontation, the threat of fire weapons may be used, which is possible
in the case of a San Diego divorce given the extensive availability of
fire guns in California.

When the situation gets aggravated to such an extent, it is usually only
the divorce lawyer that can intervene. The attorney will first establish
the legal framework for getting the child back to the custodial parent.
In order to do this, the lawyer will go back to the judge of the San
Diego divorce trial and ask for a restraining order against the non-
custodial parent, thus emphasizing the danger that he/ she represents for
the child. The lawyer will then make use of his professional connections
with the police, detective agencies, and the district attorney’s office
in order to trace the parent who took off with the child. These are
resources that are not readily available for the custodial parent. Once
the kidnapper parent has been located, the lawyer will try to establish a
channel of communication with him, either by entering into dialogue with
the kidnapper, or by putting the two parents into contact with each
other. If the child is thus recuperated, the attorney has to secure that
the custodial parent and child will be protected from the repetition of
the deed. It is only after child custody has been thus settled that the
San Diego divorce case can be considered closed.

San Diego divorce cases, just like all divorce cases around the United
States, have become more numerous and more stressful for the parties
involved. There seems to be a larger degree of alienation between the
feelings and wishes of the family going through the separation and the
results achieved in court. This happens because of the high degree of
specialization of the divorce cases, which makes it impossible for the
members of the couple to handle the separation and the associated
settlements themselves. Because of this reason, all will be decided
during a legal case, where -attorneys will argue for the two positions
and an unknown judge will pass the final ruling. Not surprisingly, one of
the two parties, if not both, will find the resolution of the case
suboptimal, or even traumatic. This feeling of frustration, combined with
the general high stress level associated with any divorce, may lead to
violent acts, such as the kidnapping of children. In this situation
again, it is the -lawyers and judges that will locate the culprit and
assign the appropriate punishment. The two spouses turn from lovers into
warring factions.

Shared By: