Child custody battles can take a significant emotional toll on parents and children alike. When parents cannot agree on one or more issues involving custody, it is considered “contested.” Contested child custody then falls to the court to decide.
It is crucial that you have an experienced Pasadena mediation attorney by your side. At the Baghdaserians Law Group, Inc, our dedicated legal team is extensively knowledgeable in complex litigation. Our compassionate attorneys will help protect the best interests and you and your children. To schedule your initial consultation today, click here or call (626) 460-9525.
Under the law, mediation is required when custody or visitation of a minor is contested. Mediation must occur prior to or at the same time as your hearing. Mediation is a complicated process that will likely last a long time. How long the mediation lasts is up to the court. If the mediation cannot produce a fair child custody agreement, the next step is to present your case to the judge. Your mediation attorney will provide the court with a report on your mediation detailing recommendations.
The trial court may have substantial discretion in determining whether the facts and circumstances allow an order for more mediation. If not, the judge will evaluate each spouse’s case, the mediator’s report, and relevant testimony to determine what child custody arrangement is in the child’s best interests.
Child custody mediation allows parents or guardians to resolve their disputes. The divorce process is mentally taxing. When emotions are high, it is not easy to come to an agreeable compromise. Having a mediator present to guide the discussion with objectivity is important to creating a new family norm.
Children need stability. In cases where child custody becomes a tumultuous matter, children can be significantly affected. According to a study from the National Library of Medicine, children of contested custody disputes experience greater separation anxiety.
Mediation in contested child custody cases has numerous purposes, including:
The mediator can be a part of the family conciliation court’s professional staff, probation department, or mental health services agency. A mediator will need to meet certain educational requirements in behavioral science regarding marriage and family, and experience in counseling and/or psychotherapy. Courts regulate the change of mediators at a local level.
The California Family Code mandates that mediation proceedings be confidential, whether written or verbal. However, a local court may permit a mediator’s testimony. That being said, every family law attorney should request the psychological evaluation of a child or make recommendations pertaining to custody/visitation be placed in the court’s confidential file.
Mediators have the authority to exclude attorneys from participating in a mediation proceeding, However, they meet with the lawyers before and after sessions. That is why attorneys are incredibly important during the mediation step in the process.
Mediators have the ability to interview the child subject of a proceeding. Furthermore, mediators must meet with parties separately if one party is alleging domestic violence in a written declaration under penalty of perjury or protected by an order requesting separate meetings. In the case where there is a protective order, a support person must be allowed to accompany the protected party during orientation or mediation sessions. However, this support person may be excluded by the mediator if the support person participates, advocates, or disrupts the session.
Depending on the local rules, a mediator makes a recommendation to the court in regards to custody or visitation. A mediator may only make a recommendation to the court if both parties are given the right to examine him or her at a hearing on the recommendation, which yet again, makes the attorney a crucial component of the mediation process. Furthermore, unless the parties agree, a mediator cannot communicate to the court without the parties present, unless the mediator determines it’s for a restraining order to prevent imminent risk to the physical safety of a child or a party.
Mediators are also empowered with making recommendations pertaining to an investigation or services offered to resolve the issue before the hearing if the parties still have not reached an agreement. This is why it is so crucial to have an attorney who will aggressively advocate on behalf of a client for a resolution where one can be found between the parties before other steps are taken by the court or mediator that could hinder a party’s visitation or custody rights.
Although participating in the mediation process is required in California before a judge will make decisions regarding custody, it’s important to understand that mediation can yield significant benefits for all involved. They include the following:
If you are involved in a child custody dispute in California and are considering mediation as a way to resolve your disputes, it is important to seek the help of a qualified Pasadena mediation attorney who can facilitate the process and help you reach a mutually beneficial agreement. Hiring the right experts is key to taking full advantage of the benefits mediation can offer.
The Baghdaserians Law Group, Inc has successfully helped Pasadena residents with complex family law matters for several years. The firm principal, Attorney Patrick Baghdaserians, is a Certified Family Law Specialist.
Patrick Baghdaserians has participated in over 100 family law mediations, serving as both an attorney representing a party, and as a mediator himself. For the past 6 years, he has also been a Pasadena family law courthouse volunteer mediator. He brings a wealth of experience from numerous perspectives in the mediation process when advocating and guiding his clients through this arena.
If you and your former spouse currently have difficulties settling on a child custody agreement, contact the Baghdaserians Law Group, Inc today. Our highly sought legal team understands the significant impact child custody proceedings can have on parents and children.
A Pasadena mediation attorney can help guide you and your former spouse to a fair resolution. With the best interests of your children in mind, we can help you prepare for mediation discussions, use honest, direct communication, and keep negotiations focused on the issues at hand.
In many cases, mediation helps families avoid longer and more expensive proceedings. When you need a reasonable child custody solution without sacrificing your rights along the way, call the Baghdaserians Law Group, Inc. Contact our exceptional team of litigators today and schedule your initial consultation by clicking here or calling (626) 460-9525.
We serve clients throughout California including, but not limited to, those in the following localities: Los Angeles County including Arcadia, Baldwin Park,
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