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If you’ve been ordered by a California family law court to attend a child custody mediation program or “child custody recommended counseling” program (we’ll refer to both as “mediation” in this article), you’re probably wondering what to expect. After all, your relationship with your children and your ability to maintain that relationship are no doubt incredibly important to you, so you may be feeling stress, anxiety, and confusion over mediation. Below, we provide a brief overview of what to expect when entering into child custody mediation.

Why Courts Mandate Mediation

Family court judges always prefer for the parents of children to work together to create custody arrangements and parenting plans that are in the best interests of the child. If the parents cannot eventually reach an agreement, then the judge has to make decisions regarding the specific custody arrangements and schedules. To avoid this result, judges will order that parents who cannot agree to attend mediation in which a mediator will work with both parents to help them reach an agreement that the judge can then approve.

Your Mediator

Mediators who work with the California courts are professionals in resolving disputes between people and often have backgrounds in social work and/or psychology. While not necessarily lawyers, they will have a strong background in child custody law and will work with both parents to reach an agreement that serves the best interests of the child under California law.
It is important to remember that the mediator cannot force the parents to agree or impose an agreement on either parent, but if the parents still cannot agree after working with a mediator, then the judge will impose a child custody order on both parents.

Goals of Mediation

Your mediator will work with you and the other parent to learn about your situation, to discuss your concerns about child custody, and to figure out what the child’s situation and needs are in order to work with you to create a child custody plan. The specific items that the mediator will work with you to resolve are:

  • Legal Custody: Which parent will have the power to make important decisions on behalf of the child, such as dealing with schooling and medical issues. Legal custody can be awarded to one parent (sole custody) or both parents (joint custody).
  • Physical Custody: Which parent or parents will have the responsibility and right to have the child reside with them. This can also be awarded solely or jointly.
  • Custodial Schedule: This is the schedule which determines the times in which each parent will exercise physical custody during the week. Visitation may also be involved.

Reaching an Agreement Through Mediation

Your mediator will attempt to create an open and amicable atmosphere in which the parents can voice their concerns and desires without the situation devolving into a prolonged fight. The mediator will also try to steer the parents towards an agreement that is focused on the best interests of the child and not on either parent’s individual desires.
Your mediator can also help you and the other parent resolve many types of special situations that are at issue in your custody matter, such as move-away requests by one parent or safety and domestic violence concerns.
Finally, if possible, the mediator will create an agreement that reflects the best interests of the child and the concerns of the parent, and the parents will have time to decide whether they want to agree to the agreement. If so, then the judge can approve the agreement, but, if not, the judge will have to resolve these issues.

Contact the Law Office of Kelley C. Finan Today

For experienced, compassionate guidance with all of your California family law matters, contact the Law Office of Kelley C. Finan today at (424)-255-3797 to schedule a consultation.