Legal Question in Family Law in California

Re: OSC Modification Child support/Visitation

You've got alot of issues involved here. First, as to whether or not you can put in your response a request to suspend visits pending a psych eval. In these areas, which require an expert opinion, I always tell my clients to defer to the experts. Affirmatively request the psych eval in your response then present your concerns to the mediator and let them decide whether or not visits should be suspended. If you make a strong case, they may recommend that visits be suspended with Mom pending a psych eval.

Mediations are very important. I always insist that my clients attend a pre-mediation meeting. It is kind of a dry run through of their "case". They then can walk into the mediation with a written outline of what their position is. This helps to keep the focus on YOUR issues as opposed to Mom's issues and helps you stay focused. (I hear from my clients that it does help!)

As to her request to change custody: you have three school age children who presumably just started the school year. You want to present to the mediator (and set out in your response) that Mom is being unreasonable in her request for joint custody and is not acting in their best interest: what does Mom want by "joint" custody? She wants the children to reside with her during the week? She wants to alternate weeks with you? (Joint custody could also mean weekend visits w/ Mom - the standard custody order; but I don't think this is what Mom is going for here).

It would disrupt the schedule you have been able to maintain for the kids...(they need structure, especially during the week, with homework, activities, etc.) How would Mom propose that they maintain this structure while shuffling back and forth 50 miles?

It is the need for stability and the importance of school which prevent any mediator from ordering a true 50-50 custody arrangement. The only time I have seen them is if both parents agree and that is usually because there is no animosity and they live close. Bottom Line: Make your case - and the Mediator should be recommending everything you request!

If you need attorney help with preparation of documents, research, mediation prep, etc. Please feel free to give my office a call.

Best of Luck...... Janene Weber