Permanent Custody Orders:

 

Although child custody & visitation orders are always modifiable with a showing of a substantial change of circumstances, a so-called ‘Permanent’ order is one that is contained in, or intended to be contained within a Judgment.  Since the required standards to modify a custody order differ between the two, it is important to make sure that your order states that it is either temporary or permanent. A permanent order usually contains more details than a temporary order, for instance it will contain information about holiday visits, electronic visits, and the conduct of the parents while they share the children.

 

In Santa Clara County, permanent orders can be issued after the parties reach an agreement. If there is no agreement the parties will be ordered to participate in mediation, either through a privatly retained child mediator, or through Family Court Services. If mediation produces no agreement, the parties will be referred back to the Judge for a Judicial Custody Conference, wherein the parents will have the opportunity to state their positions and the Judge will try to obtain at least a partial, if not a complete settlement. 

 

If a complete settlement is not made the Judge will either order the parties back to another Judicial Custody Conference, or will order the parties to a mental health based evaluation.  It is only after an evaluation by a mental health professional coupled with a trial on the matter, that the court will be able to make orders over the objection of one parent.

 

Other counties in the area have different procedures.  For information about what to expect in your county see the attached map:

Law Office of Cecelia Soboleski,

Certified Family Law Specialist*

51 E. Campbell Avenue, Campbell, CA

408-370-6140

 

   *Certified by the Board of Legal Specializations of the State Bar of California

 Law Office of Cecelia Soboleski

51 E. Campbell Ave., Campbell, CA 95008​

Tel: 408-370-6140

cecelia@csoboleskilaw.com 

FREE INITIAL CONSULTATION
Call 408-370-6140

 

WARNING: Merely contacting the Law Office for an appointment does NOT create an Attorney-Client relationship. 

Do not send any confidential information until an attorney-client relationship is established.

This site and its information is general in nature and is not to be construed as legal advise about any person's particular situation. 

Primarily serving all of Santa Clara, San Mateo & Alameda Counties; including San Jose, Campbell, Santa Clara, Morgan Hill, Gilroy, Los Altos, Mountain View, Palo Alto, Sunnyvale, Alviso, Los Gatos, Milpitas, Redwood City, Woodside, Atherton, Portola Valley, San Mateo, Oakland, Berkeley, Alameda, Hayward, Fremont, Livermore, Newark, Piedmont, and Pleasanton.

​​​​© 2016 The Law Office of Cecelia Soboleski.

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