The court has a wide discretion in choosing a parenting plan that may or may not be in the best interest of your children . . . including approving an agreement YOU may have reached during mediation. The court's primary focus should be "What is in the best interest of the children?" NOT what may be in YOUR best interest. Initially the court relys on recommendations of mediators at family court service but ultimately it will be the court's responsibility to make custody and visitation orders or approve a parenting plan you and the other party came to terms with. It is extremely important to be well prepared for mediation so you can communicate your concerns precisely to the mediator . . . in hopes she will agree with your wishes. Remember the court will review the recommendations of the mediator and very often adopt that plan as its initial order. This may not be what you wanted to see happen and you may feel helpless. However, you don't have to agree with the recommendations and you can ask the court to set the issue of Custody and Visitation for an evidentiary hearing. During this short trial you will be allowed to call witnesses and present evidence. The court must consider the evidence and circumstances being presented and apply an analysis before making a final order. The Health, safety, and welfare of the child is aways the most important concern for the court so prepare your case carefully. Despite the fact the State of California believes custody should be as equally as possible, one parent usually ends up with the bulk of the time with the other having very little. I cannot say enough how important it is to fight for as much time as possible initially and not wait and hope you can modify the plan later. The courts like to keep status quo so as not to disrupt the lives of the children so it is important not to give in to the other parent and agree to orders which will result in you having secondary time.
CALL ME AT 909-884-2191 TO SET A TIME FOR A CONSULTATION.
