Psychological testing for a child custody or visitation matter in a custody case in Sacramento, is not a requirement. However, there will be times when this psychological testing may be needed. Psychological testing is obtained when the parents cannot make a decision as to who the children should live with primarily. Please remember children are not possessions. The Superior Court of Sacramento County discourages the idea of total disconnection between one of the parents and the children. It is always presumed that it is in the best interest of the children that they have equal contact with both parents, however, where there are instances possible child abuse, domestic violence, negligence, drug addiction, alcoholism, criminal conduct, mental health issues, or other destructive behavior. The court will always make orders to protect the children.
Child custody and visitation disputes in Sacramento County with a psychological evaluation is an expensive undertaking. It is always ideal to undergo child custody evaluation in Sacramento County Superior Court when there are special circumstances that really need it. The idea of undergoing it for the purpose of seeking retribution to the other spouse is not a wise decision and a very expensive mistake. Psychological evaluation alone is expensive with the addition of lawyers' fees. The best way to settle such dispute is to undergo divorce mediation.
The objective of the court in Sacramento County Superior Court, when it comes to child custody and visitation disputes is to seek the best interest of the children. The court follows does not follow a set hierarchy when it comes to deciding who should take custody of the children. The only priority will always be the parents, then if the parents cannot agree it will usually default to the parent who was the primary caretaker of the children. The custody can either be sole or joint. However, if neither parent is qualified, then others like relatives can petition for child custody orders in The Sacramento County Superior Court. This happens most often where the grandparents have been the ones who have been raising the children.
It is always a preference to preserve the communication between the children and both parents despite the separation. The only exception where one parent has a history of child abuse, domestic violence, negligence, drug addiction, alcoholism, criminal conduct, mental health issues, or other destructive behavior, or if the parent resides in an unsafe location for children.
It is not always advisable to undergo a custody and visitation evaluation under Family Code section 3111. It is always best to settle issues without undergoing a 3111 evaluation in Sacramento County. These evaluations are very expensive, time consuming and you are allowing a third party to make the decision and recommendation as to who is going to care for the children, who is going to have visitation, if any, and other rights. These are your children. Even though this can be the discretion of the court, parents always have the option to make up their minds. Filing for divorce is expensive along with any other service that may be included with it. So it would be wise to stay away from these as much as possible.
Please call for a free half hour consultation with Merrisa Coleman-Bishop. We can meet with you in your own home or at our office in San Jose. Please call us at (916) 339-7144. Our office is open from 8:300am to 4:30pm. If you prefer an appointment on the weekend or in the evening, simply give us a call and we will schedule you a convenient time.