Legal Question in Family Law in California

Custody dispute/Mediation

I recently completed mediation for a custody case. The mediator asked me and my childs father a few questions about how custody/visitation is currently arranged, and how we each would like it to be. It was very short and I don't feel like I had a chance to fully explain the situation to him about why I don't feel it would be best for my daughter, if her father and I had 50/50. I mentioned his recent arrest for spousal abuse (on his current girlfriend), but there are many other reasons why I feel like she isn't properly cared for when she is with him. Her dad is intimidating and I kind of froze up when I know I should have been more forthcoming with information to the mediator. I fully explained everything in our court documents, but will the mediator even read our file? I am worried the mediator will reccommend that he get more time with our daughter. For the past year he has only had her every other weekend, based on our own agreement. Now that I filed papers for the court to recognize that as a permanent schedule, he all of a sudden wants 50/50 so he won't have to pay more child support. But if he was so worried about it, he should've been the one to file the papers to get 50/50 a year ago! Will the mediator see that?


Asked on 4/03/08, 6:10 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Custody dispute/Mediation

Based upon your zip code it appears that you are in southern San Diego County. The judges in the Chula Vista courthouse are pretty experienced and they will understand your point. The mediator makes recommendations, not orders. I would suggest that you retain an attorney, your chances will improve. Good Luck, Pat McCrary

Read more
Answered on 4/03/08, 7:27 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Custody dispute/Mediation

a mediator trys to help you reach an agreement. he or she doesn't have the authority you talking about. are you referring to a custody evaluation? whatever the situation, you will get your day in court if an agreement is not reached. make sure you take concise notes outlining your concerns. repeat them early and often.

Read more
Answered on 4/03/08, 11:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California