California Divorce And Child Custody: What Is Child Custody Mediation?

rents separate or divorce in California and childwill not report to the court what was discussed in
custody is contested, the parties can attend childmediation. Mediators may report to the court a signed
custody mediation to sort out their disagreements. Childmutual agreement which has been mutually accepted
custody mediation is a form of alternative disputeby both parties. Mediators may recommend a child
resolution that may be scheduled by appointment withcustody evaluation or investigation or that an attorney
the appropriate County Family Court Servicesbe appointed to represent the child. Mediators are
mediation department or Conciliation Courts.generally mandated reporters of child abuse, which
In a contested child custody matter, child custodymeans they are required to report suspicion of child
mediation is often required before the parties can haveabuse to Child Protective Services or CPS.
a litigated hearing. In other words, the parties must firstCalifornia Family Code section 3170-3173 describes the
attempt to sort out their child custody and visitationavailability of child custody mediation and addresses
disagreements through child custody mediation beforechild custody and visitation disputes involving
a Superior Court judge or commissioner will hear themodifications, domestic violence, adoptions, paternity,
child custody dispute.and stepparent and grandparent petitions. California
Typically in child custody mediation, both parents areFamily Code section 3160-3165 describes the general
asked to complete a child custody mediationprovisions of child custody mediation and its purpose.
information form, which helps the mediator learn moreHowever, since the specific details of child custody
about the child custody and visitation issues beingmediation and mediators may differ from county to
disputed before meeting with the parents. Thecounty in California and can change over time, you
mediator may meet with the parents together ormay want to inquire with the appropriate Superior
individually and will typically facilitate the discussion inCourt courthouse for more information. Further, you
attempts to help the parents resolve their disputes. Inwould be wise to consult a divorce attorney or family
child custody mediation, the parties may resolve all,law attorney to help you learn more about the local
some, or none of the child custody issues beingprocesses and local rules for child custody mediation
disputed.and learn if child custody mediation is the right
In counties where mediation is confidential, the mediatorapproach for your situation.