Child Custody Recommending Counseling, Evaluation, or Confidential Mediation

Definition and Purpose of Child Custody Recommending Counseling

Definition:

Family Code section 3170 - external link requires child custody recommending counseling take place whenever issues of custody or visitation are in dispute. This applies whenever a party to the case wants to obtain or change a custody or visitation order, and the other party does not agree to the change.

Child custody recommending counseling is a form of negotiation between people with the help of a professional child custody recommending counselor who is a mental health professional. The child custody recommending counselor will assist the parties in reaching an agreement regarding custody, visitation and parenting issues for their children. If parties do not reach agreements in all areas of the parenting plan, the child custody recommending counselor will make recommendations to the court on the items still in dispute. Prior to doing so, the child custody recommending counselor may interview the children, other parties legally joined to the case, and other individuals who may have pertinent information.

Purpose:

The purpose of child custody recommending counseling is as follows:

• To reduce acrimony that may exist between the parties
• To develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child and is consistent with other Family Code sections
• To effect a settlement of the issue of visitation rights of all parties that is in the best interest of the child.

Definition of Evaluation

In some cases, where the court determines it is in the best interest of the child, the court may appoint a child custody evaluator to conduct a child custody evaluation. The custody evaluation will consider the health, safety and welfare, and best interests of the children with regard to disputed custody and visitation issues. The evaluation may include interviews with the parents, children, grandparents, or other parties who may be legally joined to the case. Other sources of information may also be contacted such as teachers, day care providers or medical providers. The evaluation could include reports written by mental health professionals, law enforcement agencies, drug and alcohol testing providers or reports from providers of anger management or parenting classes.

Obtaining Child Custody Recommending Counseling Services

There are various ways to obtain child custody recommending counseling services to assist you in resolving your dispute:

• If you file an Order to Show Cause or Notice of Motion for custody and/or visitation issues, you will automatically be referred for child custody recommending counseling services. Services will be provided by the Office of Family Court Services (FCS), unless the parties agree to obtain child custody recommending counseling services through the court-approved Private Child Custody Recommending Counseling Panel.
• A Petition for Child Custody Recommending Counseling may be filed directly with the court requesting the court order the parties to participate in private child custody recommending counseling.
• The court may refer you directly to FCS following a court hearing.
• Prior to filing court documents, you may contact a child custody recommending counselor through the Sacramento Superior Court Child Custody Recommending Counseling Program and utilize their services in reaching an agreement on your own.

Court Provided Child Custody Recommending Counseling

The Office of Family Court Services is located in Room 104 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Sacramento, CA, 95826

The hours of operation are from 8:15 a.m. to 4:00 p.m., with telephone hours of 8:00 a.m. to 4:00 p.m.

For more information on the Office of Family Court Services and child custody recommending counseling, please refer to our Family Court Services web page.

Confidential Mediation

Confidential Mediation is a process similar to Child Custody Recommending Counseling in that a professional assists the parties in reaching an agreement regarding custody, visitation, and parenting issues for their children. However, in confidential mediation, no recommendation will be made and only the agreements reached by the parties will be reported.

You may file a Petition for Confidential Mediation directly with Family Court Services to obtain confidential mediation without setting a court date.