Child Custody and Visitation

This is the process in which parents who disagree over the custody and/or visitation of their children meet with a counselor in a neutral setting to mediate and work on their own parenting plan. The Family Code provides that parents shall have the opportunity and the right to present the court with their own parenting plan. The focus of the session is on the safety and welfare of your child or children and how you can best care for them as parents living separately. At the end of a session with the counselor, if you have come to an agreement, he or she will provide you and the court with a written stipulation for your signature. If you do not agree, a written report will be completed before your hearing with information from the session and recommendations for a parenting plan and referrals if necessary.

If you come to court without a plan for parenting your child or children, it is mandated in the State of California that you be referred for mediation and child custody recommending counseling so that you have the opportunity to resolve your dispute and eliminate the need for a court hearing. Our counselors realize that divorcing and separated parents and their children have pressing needs which must be met. Mother and father may feel angry and hostile, abandoned and uncertain of the future. The responsibilities of a new life and earning sufficient income may be very difficult. Fears of being separated from their children can make the situation even more traumatic.

Children too, have special needs at this time. "Who will care for me?" is in each child's mind. Their stress may be shown in any number of ways, including clinging to one parent or the other; having difficulties in school or relationships; having trouble sleeping or eating; and withdrawing from customary activities.

Working towards a cooperative parenting plan can help minimize these stresses for everyone. Maintaining continuing, conflict-free contact is also important, as are patience, open communication, and giving things time to work. Parents should refrain from making negative remarks about each other in the child's presence, and both parents must accept responsibility for their situation. Working with the counselor to develop a plan for your family can help you in this transitional time.

When parents are separated, the parenting plan defines legal and physical custody and time sharing of the children. It can be very general or detailed, depending on your needs, and it can include how you will share time on holidays and special occasions as well as for vacations and other events.

Divorcing clients and separating parents may contact Family Court Services, or be referred by their attorney, for mediation and child custody recommending counseling prior to their hearing date. They are also referred for counseling by the court at the time of the hearing. Parents can also schedule voluntary mediation sessions without setting the matter for a court hearing.

The counselor and the parents will meet together, unless there are issues of domestic violence, and the discussion will focus primarily on what will be in the child's best interests; to this end they will put the child's needs ahead of any other agendas in the proceedings. The counselor has been trained to help parents work out solutions to child care and cooperative parenting which will allow conflict to be reduced.

The counselor will spend some time describing terminology, asking parents what solutions they feel would be in their child's best interests, and exploring the past situation. The focus, however, is on the future, and the goal is to draw up an agreement that allows children to achieve a relationship with each parent while maintaining stability in their lives as much as possible during a stressful time. In addition, this agreement must address the health, safety, and welfare of the child.

If parents are not able to come to an agreement during the counseling session, the matter is referred back to the family court calendar. The case may be heard by a judge at that time, or another court date will be set for a contested hearing.

At the contested hearing, the report of the recommending counselor will be available for the parties and judge. It will include the issues presented in the counseling session, as well as any health, welfare, and safety concerns which were expressed. The counselor will provide recommendations to the court. If further investigation is necessary (for example, if your child needs to be interviewed, or if the Court needs additional information such as law enforcement or child welfare records), the court may ask that Family Court Services perform a limited investigation and provide a recommendation. It may be necessary to meet more than once with the counselor to work out problems, either prior to court, or as follow-up/review sessions.

In cases that involve domestic violence, separate sessions and support persons may be used. Information regarding this is available prior to the counseling session. If you are making an appointment for mediation and child custody recommending counseling prior to the court hearing, you should inform Family Court Services if there is a restraining order in place, or if allegations of family violence have been made.

Children should not be brought to the court hearing. If the Court determines a minor interview is necessary, the Court will order Family Court Services to interview the child and provide a report to the Court. In addition, the counselor can recommend the If, after speaking with the parents, a child needs to be interviewed, the counselor will make arrangements to do so after meeting with the parents. 

The law states that children's wishes will be considered when the child is "of sufficient age and capacity to reason." The judge decides when a child has attained this capacity and must only consider the child's wishes, not follow them. If the parents are unable to resolve their custody issues, a recommending counselor may ask to interview the child in order to clarify issues brought up in session. If parents can come to a decision on their own, this may not be necessary. If a child 14 or older expresses a desire to address the court, the counselor will notify the judge and arrangements will be made for that to occur.  Children should not be brought to court unless the court or the counselor has requested that they be interviewed.

The counselor is required by law to report child abuse or neglect to the proper authorities. The counselor is also required by the Family Code to report domestic violence or drug abuse.

In some custody cases, the court needs to obtain more information about family issues in order to make a custody order. A member of Family Court Services will conduct an investigation and report to the court. This can include obtaining information from schools, doctors, and therapists as well as results from assessments for drug and alcohol abuse or domestic violence. There may be a fee imposed for the investigation.