Erickson Family Law LLP Attorneys At Law
Certified Family Law Specialists
408-377-9101

Erickson Family Law LLP
Erickson Family Law LLP

Legal Representation in divorce & separation for Over 40 years

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How are child custody and visitation issues resolved?


Ideally, parents going through a dissolution of marriage will be able to reach an agreement on child sharing arrangements that work for both the parents and the children. When parents cannot agree, the law requires the parents to participate in mediation. Parents may hire a private mediator from outside the court system or, in Santa Clara County, the court provides mediation at the courthouse through Family Court Services. If an agreement is reached through mediation, it is put in writing and filed with the court as an enforceable court order.

When parents are not able to agree upon a child custody and visitation order following mediation, they proceed to a child custody assessment or evaluation. This is a process where the parties either agree upon using a qualified mental health professional or the court refers the parties to Family Court Services for a qualified mental health professional to conduct an investigation and prepare written recommendations to resolve the child custody dispute. The standard for the assessor/evaluator is the same standard used by the court in contested proceedings, namely the best interests of the child or children.In making recommendations or a decision concerning child custody, the child's health, safety, welfare, and issues of abuse or domestic violence must be considered. Each parent is entitled to at least have reasonable visitation with a child, unless it is determined that such visitation would be detrimental to the child.

Mark Erickson has been a Certified Family Law Specialist since 1987, and has practiced family law in San Jose and Campbell, California since 1979. Mark currently maintains Martindale Hubbel's prestigious "AV Preeminent" peer review rating.

Testimonial

" Mark took my case, which was a tough one, to litigate a contentious child custody trial--which ended up going for 17 courtroom days! I had another family lawyer prior to trial, but I felt I needed an attorney with Mark's experience, smarts, and toughness for the courtroom. Mark was fantastic"
Sabrina S, client
" I have been represented by Matt and Mark Erickson which are The Best Family Law Attorney in the Bay Area. There are no Options for 10 Stars this is what Mark and Matt Erickson deserve. Both were extremely responsive, focused and efficient on getting my case settled ASAP. I will recommend Matt and Mark to anybody that is been going through a divorce. Piece of Mind. Thank you."
Mircea V. Palo Alto, CA

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