When going through a divorce when children are involved, there are many complicated terms and processes one must understand and go through. Here is everything you need to know about child custody mediation in California.
Child custody mediation is a way for parents to resolve disagreements about a parenting plan for their children. Mediation is essential for helping parents come to the best agreements possible and do what is best for their children.
What is Child Custody Mediation?
Child custody mediation allows parents to resolve disagreements about a parenting plan for their children. In mediation, parents have the help of a mediator in resolving disagreements. If parents are able to work out an agreement, the mediator helps them write out a parenting plan that could possibly become a custody and visitation order if signed by a judge. Some counties call this service “child custody recommending counseling” because the mediator (sometimes referred to as the “child custody recommending counselor”) has the authority to give parents and the court a written recommendation if the parents cannot agree to a counseling plan.
The goals of mediation are:
- Help make a parenting plan that is in the best interest of their children
- Help make a parenting plan that lets the children spend time with both parents
- Help the parents learn ways to deal with anger and resentment
Related: What to Expect in Child Custody Mediation
Child Custody Mediation Law
California Family Code 3160 requires every family court to have a mediator available for child custody disputes.
California Family Code 3170(a) states that mediation is required if, on the face of the petition or similar pleading, the visitation, custody, or both are contested. The scheduled mediation session must take place prior to the hearing on child custody and visitation.
Preparing for Child Custody Mediation
Here are some tips to help a parent prepare for their child custody mediation:
1. Dress like the mediation is important, as it very much is.
A parent should wear business casual clothing and appear put together.
2. Bring a plan to the meeting.
If the parent has any specific requests, they should come with those either written down or in mind, and be sure to voice them to the mediator. It is always best to come prepared.
3. Be very careful when agreeing to certain arrangements.
Each parent should be absolutely sure that the agreement is what they want, as they must follow it once it is signed by a judge.
4. Find out if the mediator allows written materials to be submitted in advance of the meeting.
Each county has its own rules on this, so the parent should make sure to review these rules prior to the session.
5. Prepare for the mediation with someone trusted.
The parent should use the time prior to the session to discuss how to answer certain questions and topics that the other parent will likely bring up during the meeting. Acting out the verbal exchange can help calm nerves in the session itself.
Related: How to Prepare for Child Custody Mediation in California
6. Bring a picture of the child and keep it in a wallet or purse.
This will remind the parent why they are there, and help keep them calm when they get frustrated.
7. Speak up.
A parent can only get their way if they participate in the session. If not, they will likely be unhappy with the results.
Is custody mediation required when there has been domestic violence?
When domestic violence is an issue, other resources will be provided to the participants. Courts will not force parties with a domestic violence history into the same mediation room. When domestic violence has been alleged under oath, mediators are required to separate the parties. Parties usually sit in separate rooms and have no contact with each other. This can protect the victim of violence from being subjected to further abuse.
Contact Us
If you or a loved one have more questions about child custody mediation in California, contact us. We’ll get you in touch with the most qualified mediator or attorney for your unique legal matter. Legal help is here for you 24/7. Your first consultation is free.