In Jefferson County, all actions for child custody, including partial custody, visitation, grandparents’ rights, relocation, enforcement, contempt, or modification of an existing custody order, begin with the filing of a Custody Complaint or Petition by a Jefferson County Child Custody Attorney.
Thereafter, a Custody Conference will be held within approximately 30 days. The parties, together with their Jefferson County Custody Lawyers, will meet and attempt to reach an agreement. The Custody Conference is informal, is not recorded and no testimony is obtained from either parties or witnesses. If the parties are unable to reach an agreement, the Court will schedule a mediation before a Jefferson County child psychologist. Prior to the mediation, the parties are required to complete a child custody questionnaire and pay a mediation fee. At mediation, the Mediator will talk with the parties and their Jefferson County Lawyers in an attempt to assist the parties in reaching an agreement. A vast majority of child custody cases in Jefferson County are resolved through the mediation process. If no agreement is reached, the Mediator will file a report with the assigned Jefferson County Court Judge and the case will proceed to a Pre-Trial Conference. At the Pre-Trial Conference, the judge will review the parties pre-trial memorandums and any reports with the Jefferson County Child Custody Lawyers and make recommendations for settlement in an attempt to mediate the dispute. If unsuccessful, a custody trial shall be scheduled by the judge.
Children should not attend the Jefferson County custody conference or any pre-trial conferences unless an Order is entered specifically requiring their presence. Children are required by Order to attend the mediation. In some cases, children may be required to testify in a child custody trial; however, each case is unique and this decision must be made considering the best interests of the minor children including their age and whether the benefits of their testimony would outweigh the harm of forcing them into the middle of the child custody court action.