May 6, 2013 By Paul Wallin

In contested, or complicated, child custody and visitation cases, the court will often order a “Child Custody Investigation.” The court has an investigator who is a neutral third party who is an employee of the court, conduct an investigation. If you believe an investigation is necessary for your child custody and visitation case, or a child custody investigation has been ordered by the court, it is important that you speak with a child custody attorney from Wallin & Klarich immediately.

When are Child Custody Investigations ordered?

California Child Custody Lawyers
A child custody attorney can help answer all your questions about child custody and visitation rights.
When making child custody and visitation orders, the court, under Family Code Section 3011, must consider the child’s best interest. The best interest of a child includes the child’s health, safety and welfare.

Therefore, the court in your particular case may order a child custody investigation if the judge believes that such an investigation is necessary to resolve the issues. Your attorney or the court mediator may also recommend and request that a child custody investigation be conducted.

How does an investigation help the court?

Not all child custody and visitation disputes are the same. Therefore, when a child custody investigation is ordered, it can be designed to concentrate on the particular issues and concerns in your case. For example, if there have been allegations of alcoholism by either parent, the investigation can focus on whether either parent has a problem with alcohol and if there is a negative impact on the child.

An investigator will gather information from all interested parties, including your child. The investigator will also look to see if there have been any reports to Child Protective Services and if either parent has a criminal record.

By gathering information, the investigator will clarify allegations and determine what is in the best interest of the child. When the investigator files his or her report with the court, the investigator is not declaring a winner or a loser, but rather is presenting to the court recommendations that meet the needs of your child.

It is important to note that the recommendations made by the investigator in his or her report are exactly that, recommendations. The judge will take into consideration the investigator’s recommendation, but the judge does not have to follow them in making its final decision in your case.

How We Can Help You

If you are currently going through a child custody and/or visitation matter, it is crucial you speak with a Wallin & Klarich child custody attorney now. Our attorneys can further explain how a child custody investigation works and how it will impact your case. We have been practicing family law for over 30 years and can help you today. Call us at (888) 749-7428. Wallin and Klarich has offices in San Diego, San Bernardino, Riverside, Los Angeles, Ventura and Orange Counties and can help you now. We will be there when you call.

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