Going through a divorce is definitely not one of the easiest experiences for many, and add issues of child custody to it and the marriage becomes even more stressful. Now add that stress to a parent who is in the military and on active duty, and the stress levels can go through the roof.
One of the landmark cases that has come to define the approach that the court must take when dealing with Orange County divorce cases with child custody issues involving military personnel is called the Marriage of E.U. and J.E. The greater emphasis of the court’s decision was with regard to parental rights enjoyed by members of service that are deployed for active duty.
This blog will outline what the courts decided and most importantly observed in this case.
A Brief Low Down on the Facts
The child between the married couple was born in the year 2000. A year after the birth of the child the parents filed for an Orange County divorce. The primary custody of the child was given to the father and the parental arrangements were formalized back in the year 2006 July. It was reaffirmed by the trial court as being in the best interest of the child.
However, there was a clause in the 2006 order which highlighted that in case a spouse was to be called for military duty, the other spouse would assume primary responsibility of the child. This would end when the deployed parent came back home and things would go back to the status quo decided.
The father was deployed from 2009 to 2012 in Afghanistan. Once the father returned, the mother refused to hand the primary custody back to the father arguing that it would damage the stability that the child had become accustomed to over the past few years.
What the Judges Thought
As a result of this development, the judge had to have a hearing on the 2006 order and ordered an Evidence Code section 730 child custody evaluation. The judge of the case accepted that there was to be a delay as a result of Family Code section 3047 being used, but placed some responsibility of the situation on the father. This was because the father had failed to provide information of his prospective deployment to the court back in October 2010 when they asked.
Once the 730 report came out, it suggested that the child should be left in the care of the mother because the age of the child was now 6 and he had become accustomed to the care and stability of his mother. However, the parties couldn’t come to agreement on this fact. The father argued that Family Code section 3047 was designed to protect the parental rights of people that were deployed in service.
Importantly, the Court of Appeal on hearing the appeal, accepted the use of Family Code section 3047 and ordered for the custody to be returned to the father now that he was back from his service and that his deployment should not be used against him.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
It has long been established that the issue of children in a divorce is integral. Parents consider their children to be their most valued asset and therefore, both the spouses are likely to fight it out in court fiercely to make sure they end up having the possession of their most prized assets. The courts, however, have to base their decisions in family law child custody cases on the best interest of the child. Sometimes, it is harder for the judge to be able to evaluate the claims of both the parents in terms of custodial suitability and hence, they can order a child custody investigation to clear the facts and the picture.
Parents that go through these investigations are likely to find themselves under considerable amounts of stress and confusion. Primarily, child custody investigations are about the accusations leveled by one of the spouses against the other with regards to:
- Child neglect
- Substance abuse
- Sexual/physical child abuse
- Other concerns in relation to the safety and security of the child
The Purpose of Investigations
The use of child custody investigations is done by the Orange County family law court personnel to be able to have a clearer and more objective view of the facts. These facts and clearing of accusations and perceptions are likely to increase the chances of decision by the court that is truly in the child’s best interest. These investigations are done by the internal investigator of the court and therefore, are completely different to the other child custody evaluations done under Evidence Code section 730.
Are Child Custody Investigations Helpful?
This is one of the most common questions that have been asked with regards to child custody investigation. Typically, in Orange County court proceedings, the pattern is in the ‘he said, she said’ style, where arguments seem to be flowing through and lawyers arguing over the actions taken by either of the spouses. All of this is done without any regard to the objective representation of facts and figures.
Child custody investigations, on the other hand, involve a whole host of procedures that are intended to provide the facts objectively at the end of the process. This can include processes such as:
- Interview of the witnesses and the parents
- Thorough reviewing of the important documents that include videos, photographs and medical records and other information that can prove decisive in the fighting of the case.
When the Investigation is Complete?
Once the child custody investigation is complete, the investigator is likely to submit a formal report to the Orange County family law court, which has all the necessary facts of the case in an objectively represented form. The court can sometimes ask the investigator for the live testimony of the facts provided. It is important to note that these proceedings owing to the involvement of the children are closed and only parties and their lawyers are allowed to attend such proceedings.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.