Family Law Department
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Divorce - Dissolution of Marriage
Summary of California Law
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These cases fall somewhere between the civil court where divorces take place and criminal courts. Often in hotly contested custody battles allegations are made that generate a children's court hearing. Decisions regarding custody, visitation and placement made in Children's court control over what might have been the order in the family law court.
Although Judges in Childrens Court are not empowered to convict someone of a criminal offense, charges made in these courts as well as information gathered often lead to a criminal prosecution.
Many people think that these courts only concern themselves with serious abuse - the sensational news stories of kids being locked up in a closet without food or being tortured in some horrendous manner. The fact is that a case may be started simply because someone does not like the way you discipline your child - even spanking may be unacceptable. Or someone may claim that your child is neglected. Sometimes the child may have received an injury and even though it was through some sport or at some other location they suspect you.
Surprisingly you have very few rights when it comes to your own children. With what many lawyers believe is very flimsy information your children can be taken away from you. Often you may not hear about it right away - sometimes not even until after the first hearing. The Department may be willing to place the children in a relatives home. For many it may be months or years before children are returned to their parents - if at all.
Because children are so precious to parents, parents will do about anything to get their children back. Often this leads to the parents being taken advantage of and the parents are compelled by the Department to agree to things or sign documents that should not be done. Usually, the parents don=t have enough time to obtain a private attorney before the first hearing and then are led by the court appointed attorney to do things which may not be in their best interest. You should think twice about relying on any promise made to you. Later it may be denied that a promise was ever given.
Beware that since the investigators and the personnel at the Department have so much power it is a mistake to antagonize them even when they are wrong.
Children's Court works far differently than most courts. Even though rules of law apply, you don't get a jury and the Judge will often follow the recommendations of the Department on what many people may feel is scant evidence. You may get the feeling that you have to prove your innocence and this often is an uphill battle given the prejudices and the prejudgments rendered by others.
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