You may be familiar with mediation for divorcing couples, but did you know that mediation is an option for child custody disputes in Southern California? If you and your ex are having problems working out a parenting plan, mediation might be just the right choice—for you and your children.
A parenting plan sets out all the details of custody and visitation arrangements, from the major issues to the little details that can still make your life miserable. You and your ex may be able to agree on these details on your own. But when you can’t, mediation may be a good option. With the help of a neutral mediator, you may be able to work together to draft an agreement that puts the children first, but also accommodates your needs and preferences.
How does mediation work in child custody disputes?
Mediation is a legally-binding negotiated agreement. The point of mediation is to get parties to sit down together and discuss their goals—and frustrations—with the help of a neutral third-party. Family Court Services can provide free mediators, or you can work with a private mediator. You will want to work with a mediator who is an expert in family law and is familiar with what works in a parenting plan, both legally and practically. Not every California court allows the parents to bring their attorneys into the mediation. Regardless, you will still want to speak to a knowledgeable family law attorney beforehand about your goals and expectations and how to ask for what you want.
It may take more than one session to work out an arrangement that satisfies both parents. The number of sessions and the total amount of time from start to finish can depend on a variety of factors and how complicated your situation is.
Reaching an agreement together
If you are able to agree to a parenting plan with the mediator, you can then submit it to the court and it will become your custody and visitation order. If you aren’t satisfied with the results of the mediation process, you can’t be forced to accept an agreement against your will. You can still go to court to ask a judge to resolve any outstanding issues. In some counties in California, the mediator will give a written custody recommendation to court. In other counties, the mediation is confidential. You’ll want to speak to a family law attorney about the rules for mediation in California and your specific county.
Ideally, the parenting plan will meet your family’s needs, both in the immediate future and in the long term. But if circumstances change substantially, you will still have the option to go to court to modify the order in the future.
Do you have more questions about mediation and child custody?
If you have questions about your child custody case and whether mediation is right for you, ask the experienced mediation attorneys at Kendall Gkikas & Mitchell, LLP. Call 909-482-1422 or email info@parents4children.com for your initial consultation today.
