In California, when parents cannot agree on child custody and visitation arrangements, they are required by law to attend child custody mediation before a judge can decide the case. The purpose of mediation is to help parents resolve disputes in the best interests of the child without the need for a contested court hearing.
Relevant California Family Code Sections:
- Family Code § 3170: Mandatory mediation if custody/visitation is in dispute.
- Family Code § 3160–3188: General statutes governing child custody mediation.
- Family Code § 3183: Authority of a child custody recommending counselor to provide a written recommendation to the court.
Step-by-Step: How the Child Custody Mediation Process Works
1. Dispute Identified
- One or both parents file a request for custody or visitation orders.
- The court identifies that the parties are in disagreement.
2. Court-Ordered Mediation Scheduled
- Mediation is mandatory before a contested hearing on custody/visitation.
- The court assigns the case to a Family Court Services mediator (or private mediator in some cases).
3. Mediation Session
- Both parents meet with a neutral Child Custody Recommending Counselor (CCRC) or mediator.
- The mediator attempts to help the parties reach an agreement.
4. Outcomes of Mediation
- Agreement Reached:
- Agreement is written, signed, and submitted to the judge for approval.
- No Agreement Reached:
- Depending on the county, the mediator may submit a recommendation to the court.
Recommending vs. Non-Recommending Counties
| Recommending Counties | Non-Recommending Counties |
|---|---|
| The mediator (CCRC) makes a written recommendation to the judge if parents can’t agree. | The mediator does not make any recommendation. Only issues a report saying “agreement” or “no agreement.” |
| Examples: Stanislaus, San Joaquin, Sacramento counties. | Examples: Los Angeles, San Francisco counties. |
| Judges often rely heavily on these recommendations in making custody rulings. | Judges conduct a fresh hearing and listen to both sides without prior recommendations. |
Important: Every County Handles Mediation Slightly Differently
- Stanislaus County (local to Scott Mitchell Law) is a recommending county — meaning mediators file recommendations if the parents do not reach an agreement.
- Some counties (like Alameda County) require multiple sessions or early settlement conferences.
- Others may have hybrid models depending on complexity or specific issues (domestic violence, child preference interviews, etc.).
Always check local court rules because procedures vary.
What If You Disagree with the Mediator’s Recommendation?
- File Objections, Or request a hearing with the judge immediately at the end of mediation.
- Prepare and submit formal objections if you believe the recommendation is not in the child’s best interests.
- Request a Contested Custody Hearing:
- Present evidence, call witnesses, and offer testimony to show why the recommendation should not be followed.
- Cross-Examine the Mediator (Optional):
- In many counties (including Stanislaus), you can subpoena the Child Custody Recommending Counselor for cross-examination at trial.
Timing is critical — you usually must object before the judge signs the final custody order based on the recommendation.
How Scott Mitchell Law Can Help
At Scott Mitchell Law, serving Stanislaus County, Modesto, and surrounding areas, we assist clients by:
- Preparing for child custody mediation sessions strategically.
- Advising you on how to present your concerns calmly and effectively during mediation.
- Challenging unfavorable recommendations through formal objections and contested hearings.
- Representing you in court to argue for a custody or visitation order that truly serves the best interests of your child.
- Subpoenaing and questioning custody recommending counselors if necessary to protect your parental rights.
Contact Scott Mitchell Law today for expert advice and representation in your custody case — we know the local rules, courts, and how to advocate for your family.