Mediation v. Litigation regarding Child Custody

As with almost anything in family law, the least contested the issue, the easier and less-costly it will be for all the parties involved. Thus, the more issues the parties can agree upon outside of court, the faster and smoother the modification will be done.

In California, any request for a modification of child custody that is filed with the court will be accompanied by a mandatory mediation session, with a family law mediator that will be assigned by the court. If the parties cannot agree with the mediator, then the case will proceed to a court where a judge will ultimately decide. If the parties can come to an agreement with the mediator, then the mediator can help set out a modified custody order that then can then be signed by the judge. If the parents cannot agree, the mediator can write their own written recommendation to the court, that the judge will consider.

The parties can also seek the services of a family law mediator, who is skilled in dealing with these specific issues, and may be able to draw up an agreement that is beneficial and equitable to all the parties involved. The mediator would be a neutral party, and not a representative of either of the parties involved. Any issues not resolved by the mediator, may have to be settled in court.

Dunne Family Law is here to support you every step of the way and will make sure all of your options are explored thoroughly and clearly communicated to you. Call us today 619-232-9260.

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