Child Custody Mediation in California
Child custody mediation is an important part of an amicable divorce if you have children and want to avoid a custody hearing in court. Read on to learn more about child custody mediation requirements and recommendations in California.
What Is Child Custody Mediation?
In this process, you and your former spouse will work together to develop a parenting plan with the guidance of a trained expert called a mediator. If you are able to come to an agreement, it will be signed by a judge and take effect without a court hearing. In some counties, the mediator is known as the child custody recommending counselor because he or she is responsible for making a recommendation to the court if an agreement is not reached in mediation.
What Should a Parenting Plan Include?
The mediator will help you develop a parenting plan that includes a complete schedule of how time with your children is divided. This should address weekdays, weekends, holidays, and vacation time. The parenting plan also covers details about transportation, drop-off, and pick-up; limits on travel; required counseling and treatment services; legal custody (how decisions are made about the child's education, health and welfare); and physical custody, which is where the child actually lives. Physical and legal custody may be either shared or designated to one parent.
What Should I Expect During the Mediation Process?
Both parents should retain a family law attorney to represent their interests. Then, contact family court services, who can recommend a mediator, or you can choose to hire a private mediator. You and your attorneys will meet with the mediator to attempt to agree on a parenting plan. If agreement is not possible, the custody case will be subject to a court hearing in which the judge decides on an arrangement that is in the best interest of your children, with the input of the mediator in some counties.
