There are several changes that are taking place in the way that child custody cases are handled in the San Bernardino County family law courts. Under the current local rules, every case that involves child custody and visitation is automatically referred to Family Court Services for a mediation appointment when a request for a court hearing is made. Because every case is referred out to mediation regardless of the circumstances, it takes over three months to have your case heard before a judge. The San Bernardino County Superior Court approved changes in the child custody and visitation process that should result in child custody and visitation hearings being set considerably sooner than the current timeframe. If you are facing family law issues, it is important to retain the services of an experienced family law attorney who knows anytime there is changes in court procedure in San Bernardino.

Approved Changes in Court Procedure in San Bernardino County Superior Court

If you are filing to have your child custody and visitation matter heard before a judge, these new changes will affect how quickly your case is heard before a judge. The San Bernardino County Superior Court has broken these changes down into the following three groups:

• New cases where the parties do not have any custody orders in place;
• Cases where orders are already in place, commonly known as modifications; and
• Domestic violence filings and requests for temporary emergency orders.

It is important that you hire a family law attorney who knows how each of these new changes works so that he or she can advise you of what to expect in your child custody case. These new changes are meant to speed up the process for cases being heard before a judge and can be difficult to understand.

New Filings without Court Orders

New cases that are being filed for child custody and visitation issues will have top priority for being referred out to Family Court Services for mediation. Cases without court orders will be given an expedited court hearing, which would be set approximately 30-45 days out and every new filing would still be referred out to mediation prior to that court hearing. This will ensure that cases without court orders are being heard as soon as possible rather than waiting three months and risking further conflict between the parties because no court orders exist.

Cases with Current Orders (Modifications)

Cases that are already pending before the court that already have child custody and visitation orders will not be given as much priority when it comes to obtaining a mediation appointment. However, to offset this reduced priority, the court will set up an expedited court hearing approximately 30 days from the date of filing to ensure that the modification matter is given appropriate attention. At this court hearing, the judge will determine whether the parties should be referred to mediation again, freeing up these mediation appointments for the new filings. This will ensure that modification requests that do not need to be referred to mediation will be heard promptly.

Domestic Violence Filings and Requests for Temporary Emergency Orders

Domestic violence and temporary emergency orders filings will be given the highest priority when it comes to having their case heard before a judge. Thus, they will not be referred to mediation automatically. After the initial hearing to determine whether there is an emergency basis, the court will set another hearing 21 days out so that these decisions on emergency orders can be made as soon as possible. At the second hearing, the judge will decide whether the case will be referred out to mediation. This will ensure that requests for emergency orders have the utmost priority in the courtroom while freeing up mediation appointments for the new case filings.

San Bernardino Family Law Attorneys that Know the Local Courts

It is very important that you hire an experienced San Bernardino family law attorney to ensure that your case is handled appropriately at every stage of the process. With these new changes to child custody and visitation cases, it can be difficult to understand why the court is handling your case in a certain manner. Without this knowledge and experience you may not achieve the best possible outcome in your case. The experienced San Bernardino family law attorneys at Wallin & Klarich have been successfully representing clients in the San Bernardino Family Law Courthouse for over 30 years and know the local customs, rules, and procedures.

To consult with a San Bernardino divorce attorney at Wallin & Klarich today, please call (888) 749-7428.