Particularly in Divorce and Legal separation cases, San Diego Family Law Attorney John A. Delisi has represented clients involving child custody and visitation so as to either promote and pursue an Uncontested case with a comprehensive custody and visitation settlement agreement (Marital Settlement Agreement [MSA] or Stipulation For Judgment) or, if necessary, to preserve and protect custody and visitation rights in a Contested case which goes to trial.
Child Custody concerns both Legal Custody and Physical Custody (Primary Residence). Legal Custody concerns the general welfare of the minor children, such as education and health. Physical Custody concerns the location where the minor children reside. Most of the time, the parties lives in the same city. Sometimes, a Move-Away is at issue and must be addressed. Primarily, the San Diego Superior Court, having subject matter jurisdiction over the issue of minor children in Domestic cases, is concerned only with the best interests of the minor children. If the parents cannot decide these issues themselves, the court will do so. If the court is sought to decide Child Custody and Visitation, the parents are ordered to participate in mediation at Family Court Services (FCS). FCS will interview the parents, possibly others, including the minor children, depending on their age and maturity, as well as court order. FCS will prepare a written report including a recommended ‘Parenting Plan’. The court can be expected to make these recommendations an order of the court subject, however, to argument from parents and/or their counsel and evidence admitted into the record.
Since 1980, San Diego Child Custody and Visitation Attorney John A. Delisi has represented clients in Domestic cases involving child custody and visitation with an emphasis on settlement, particularly since 80% of Divorce cases settle and avoid trial. Comprehensive settlement agreements, either Marital Settlement Agreements or Stipulations For Judgment, are strongly encouraged by San Diego Child Custody and Visitation Lawyer John A. Delisi. It is particularly noteworthy that a contested case can take more than a year and thousands of dollars in attorney’s fees and costs to litigate and yet settle in the courthouse hallway the day of trial. San Diego Child Custody and Visitation Attorney John A. Delisi encourages settlement when settlement is, in all likelihood, within reach, just below the surface, and the alternative can be so destructive.
Since 1980, San Diego Child Custody and Visitation Attorney John A. Delisi has also represented Grandparents to pursue child custody and visitation of their minor grandchildren. When parents of minor children fail to properly care for and raise their children, grandparents are empowered by law to step forward and apply to the Superior Court to seek to take care of and have custody of their minor grandchildren.
San Diego Attorney John A. Delisi will provide clients with aggressive and competent legal representation.