Child Custody Mediation
(Family Code 3011)
What is Child Custody Mediation?
The purpose of child custody mediation is to reduce any tension that may exist between the parties and to develop an agreement to ensure the child’s continuing and close contact with both parents consistent with Family Code Section 3011. Mediation is also designed to facilitate a settlement regarding visitation rights of all parties with the child’s best interest in mind.
In determining the child’s best interest the mediator should consider the child’s health, safety, and welfare, any history of abuse by either parent against the other, and any use of controlled substances or alcohol by either parent. Additionally, the mediator may interview the child when it’s deemed appropriate or necessary by the child custody mediator or the court.
Child custody mediation is located usually in the courthouse and provided for by the court. Child custody mediators are required to meet educational requirements of experience in counseling, psychotherapy or both. They are also required to possess specific knowledge relevant to their work.
Family law attorneys are typically not involved in child custody mediation sessions but can meet and confer with the mediator before or after the mediation sessions.
The child custody mediator may meet with the parties separately when there has been a history of domestic violence between the parties or where there is a restraining order or protective order in place. The protected person in a restraining order or protective order may bring a support person with them to the child custody mediation appointment.
The child custody mediator will make recommendations to the court as it relates to custody and visitation between the parties. The parties also have the right to examine the mediator at a hearing on issues covered in the recommendations.
Recommendations may also include more specific custody investigations such as Evidence Code Section 730 custody evaluations, mental health evaluations of one of the parties, restraining orders, or parenting classes or counseling for either or both parents and the appointment of minor’s counsel if necessary.
In some instances, the parties may reach an agreement during child custody mediation. If such agreement is reached, the mediator will advise the court and family law attorneys that the parties have reached either a full custody/visitation agreement or a partial agreement wherein the remaining issues would be addressed by the court.
Mediation plays a vital role in the issue of custody and visitation between both parents. It often can serve to narrow the issues.
Family Law Attorney
The experience of the family law attorneys at Wallin & Klarich can help you prepare for mediation and fight for you at court when it comes to the time you should have with your child.
The skilled attorneys at Wallin & Klarich have over 30 years of experience in family law cases. You can rely on us to advocate your position with professionalism and zealous advocacy to obtain the best possible result in your case.
With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live.
To consult with a Wallin & Klarich mediation attorney, call us at (888) 749-7428. We will get through this together.