Divorce - Mandatory Mediation for Child Custody - How to Prepare
Posted on Thu, Dec 22, 2011 @ 06:51 PM
In California, divorcing couples with a custody or visitation dispute are required to attend mediation through Family Court Services with a mental health professional. (See California Family Code, section 3170.)
Before proceeding with any custody litigation, you should first determine whether your case is venued in a recommending or non-recommending county. In the Bay Area, most but not all counties are recommending counties. San Mateo is a recommending county, as are Santa Clara, Alameda, and Contra Costa, but San Francisco County is not. The Family Court Services mediation process is described by the Superior Court of California as follows: “The child custody recommending counselor will assist the parties in reaching an agreement regarding custody, visitation and parenting issues for their children. If the parties do not reach agreements in all areas of the parenting plan, the child custody recommending counselor will make recommendations to the court on the items still in dispute. Prior to doing so, the counselor may interview the children and other collateral witnesses who may have pertinent information.” (See http://www.saccourt.ca.gov/family/custody-mediation.aspx)
While the counselor’s reports are not rubber-stamped by the judge or commissioner in your case, they carry a great deal of weight. It is critical that an attorney with family law experience in your county prepare you for the mediation. From the Court's and the counselor’s perspective, the best interests of the child are paramount, and the manner in which you present information about yourself and your child during mediation can be critical to the outcome.
At Seeley Madigan, LLP, we meet with our clients at our office prior to any mandatory mediation with the Court. We will explain the common mistakes to avoid, help you prepare your talking points, budget your time, and develop your strategy for the mediation. The better-prepared party tends to get the more favorable report. For clients who cannot afford full representation at the custody hearing, we also provide consulting services.