California Kelly Y. Chang, Esq. Law Offices of Kelly Chang A Professional Law Corporation 5455 Wilshire Blvd., 21st Fl. Los Angeles, CA 90036 Office: (323) 393-5669 Fax: (323) 315-5234 E-mail: kelly@purposedrivenlawyers.com Websites: www.purposedrivenlawyers.com www.familymattersla.com "We know family matters." Q. If you have a client that wants to get a psychological evaluation to determine custody issues how do you pick the doctor to do the evaluation, or do you let the court make that decision and what if the client wanted to pick their own doctor to do the psychological evaluation, how could you help a client to accomplish that task? A. There is a list of the top evaluators in LA, and I would ask for recommendations from my colleagues. I would never let the court pick an evaluator. Q. If your client wants their child to get a therapist for counseling, does the client need the permission of the other parent to take the child for treatment? A. Depends if they have joint legal custody. If they have joint legal custody, then this decision related to "health, education, and welfare" of the child, and must obtain the other side's permission. Q. What is the strongest penalty a judge can impose on a parent that obstructs visitation (short of a change in custody)? A. Criminal contempt. Manuel Juarez, Esq. Law Office of Manuel A. Juarez 2143 Cedar Street Berkeley, California 94709 Phone: (510) 841-6164 Cell: (510) 206-4492 E-mail: baylaw1@yahoo.com English website: www.wills2go.com Spanish website: www.abogadodedivorcios.com The law Offices of Manuel A. Juarez provides services in English and Spanish concerning areas of divorce, child and spousal support, legal separation, marital settlement agreements, property distributions and general civil litigation. Q. If you have a client that wants to get a psychological evaluation to determine custody issues, how do you pick the doctor to do the evaluation, or do you let the court make that decision and what if the client wanted to pick their own doctor to do the psychological evaluation, how could you help a client to accomplish that task? A. In Caifornia, you may choose your own psychologist, however, it would be challenged, it is preferable to go to the court and inform the court that you wish to get a Psychological evaluation and unless the Court has a problem with your own psychologist, then it would be preferable to request that the court recommend a couple of names from which such an evaluation may be conducted. Q. What is your experience with parental alienators and their level of cooperation in following the court orders? A. Not very good. However, much to their chagrin, if the pattern is brought to the court's attention, it may land the alienator in a related charge of contempt of court. Q. What would you advise a client to do, if you know that the other parent is going to try and block or obstruct their visitation rights - what would you tell them to do to prove it to the judge? A. I would always advise my client to follow the Judge's instructions. If the other party violates the Order, then, I avise my client to call the police and make a report, also I follow with a report to the other party's counsel and I ask that attorney to advise the violating party to correct his/her behavior, I may do these two or three times before referring this case to the Judge with an Order to show cause for sanctions or Modification. Q. If a client cannot afford a psychological evaluation what advise would you give them to help them in the custody dispute? A. This is a real live issue, I usually recommend they look into county resources. If the opposite spouse has lots of money, then I may file a motion with the court to have the other spouse pay for it. However, this is an uphill battle and for the most partconducive to further litigation. However, I have never asked them to go to a psychologist and aked them whether they will accept time payments for their evaluation. Robert Fruitman Law Office of Robert Fruitman & Associates 322 First Street Marysville, CA 95901 Phone: (530) 742-1312 Fax: (530) 742-2980 E-mail: fruitman@syix.com Q. A lot of parents that are fighting cases involving Parental Alienation Syndrome would like to know what's the specific statute that concerns a reversal of custody. Can you copy and paste the exact state statute and tell us what special circumstances need to exist in order to persuade a Judge ? A. Family Code § 3011. Factors considered in determining best interest of child: In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child. (b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this subdivision, "abuse against a child" means "child abuse" as defined in Section 11165.6 of the Penal Code and abuse against any of the other persons described in paragraph (2) or (3) means "abuse" as defined in Section 6203 of this code. (c) The nature and amount of contact with both parents, except as provided in Section 3046. (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this subdivision, "controlled substances" has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code. (e) (1) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (b) of Section 6323. (2) The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation. Q. If you had a client that was the primary residential parent and the client refused to allow visitation because they believed the non-custodial parent was a danger what would you do as the attorney? A. Investigate the client's claim and file for an ex parte hearing to prohibit harmful visitation, if warranted. Q. What is your experience with parental alienators and their level of cooperation in following the court orders? A. Alienators generally do not follow court orders; attorney's job is to bring alienation to court's attention and get rulings either to correct behavior or change custody or both. Back to Legal Opinions Directory