Legal Question in Family Law in California
Child custody
my exgf and i have a 5 yr old, we split about 8 months ago. we always had 50/50 custody, but no court order. now she has a lawyer because she found out about my new relationship. she wants us, her, her lawyer and me to meet with a mediator or to come up with a $$$ plan and visitations. she does not want to face a judge. is meeting with a mediator something that i want to do? or should i just wait until the judge sees the case and makes a ruling?
pls help, i dont have a lawyer like she does (i cant afford it). without a lawyer and her not being able to prove that im an unfit father, are my chances of obtaining 50/50 custdy still good?
2 Answers from Attorneys
Re: Child custody
It depends on the county. Most judges will require some mediation before the hearing. The judge's ruling is often based on the mediator's recommendation.
Re: Child custody
Unless it is an emergency the court does not make a custody and visitation. You probably have nothing to lose by meeting with a mediator. However, before going to mediation determine whether the mediation is confidential, and cannot be introduced at a hearing. If the mediation is not confidential then you must be cautious not to make statements that could be use against you.
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