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Family Court Services
- General Information
- Child Custody Recommending Counseling
- Important Things to Know Before Child Custody Recommending Counseling
- Important Things to Know After Child Custody Recommending Counseling
- Confidential Mediation
- Immediate Referrals from the Court
- Other Important Information
General Information
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.
The Office of Family Court Services performs child custody recommending counseling services, under-age marriage permissions, and emancipation evaluations upon court referral. Family Court Services offers an orientation class to prepare for child custody recommending counseling at no fee.
Child custody recommending counseling is provided free of charge to the parties and generally occurs before the first court appearance. Child custody recommending counseling may include, but is not limited to, interviews with the parents, children, other parties who may be legally joined to the case, and other individuals who may have information about the situation.
To receive child custody recommending counseling services, customers must have an established Family Law case in Sacramento County. Services are made available either by filing for a court hearing or by a court ordered referral to child custody recommending counseling. Emergency referrals are available only when referred by a judge.
If a Domestic Violence Restraining Order is in place, the parties are entitled to separate child custody recommending counseling sessions and customers are advised to inform the front counter staff of the restraining orders prior to the setting of the child custody recommending counseling appointments.
Child Custody Recommending Counseling
Mandated child custody recommending counseling
Family Code section 3170 - external link requires child custody recommending counseling 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.
What is child custody recommending counseling?
Child custody recommending counseling is a form of negotiation between people with the help of a professional child custody recommending counselor who will assist them in reaching an agreement regarding custody and parenting issues.
Family Court Services child custody recommending counseling is provided free of charge to the parties and generally occurs before the first court appearance.
What is the purpose of child custody recommending counseling?
The purpose of child custody recommending counseling is:
- To help reduce the hostility that may exist between the parties;
- To develop an agreement that assures the child(ren) frequent and continuing contact with both parents and that assures the health, safety and welfare of the child(ren).
- To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the child(ren).
What does child custody recommending counseling include?
Child custody recommending counseling may include, but is not limited to, interviews with the parents, child(ren), other parties who may be legally joined to the case, and other individuals who may have information about the situation.
Child custody recommending counseling also includes the review by the child custody recommending counselor of the Social History form that is completed prior to attending child custody recommending counseling, and other documents important to the case.
When does child custody recommending counseling occur?
Generally child custody recommending counseling occurs approximately two weeks before the scheduled court hearing on disputed custody and visitation issues.
Who conducts the child custody recommending counseling?
The court employs experienced Family Court Counselors who have Master's Degrees and specialized training in areas pertaining to children and families. These areas include, but are not limited to, conflict resolution, parenting techniques, children's developmental stages, domestic violence, substance abuse, and child abuse and neglect.
What if we can't reach an agreement during child custody recommending counseling?
In most cases, parties can successfully resolve and agree on custody and parenting time issues. However, if the parties are unable to reach an agreement, the child custody recommending counselor will prepare a written recommendation to the court on the issues that the parties have been unable to agree on.
In some cases, the child custody recommending counselor may recommend a temporary custody and/or parenting plan and also recommend that the court order a custody evaluation before making permanent orders.
Important Things to Know Before Child Custody Recommending Counseling
Setting appointments
When you appear at Family Court Services, you will be given a day and time to meet with the next available child custody recommending counselor. If this is your first visit to Family Court Services, or if you have not been to child custody recommending counseling in the past year, you will also be given instructions to complete the Parent Orientation program.
What is Parent Orientation?
Parent Orientation is a program designed to teach parents about the process of child custody recommending counseling and other important information needed prior to coming to the child custody recommending counseling appointment.
Family Court Services Online Orientation
Some documents on this page require the free Microsoft PowerPoint Viewer - external link to open.
- Online Orientation (English PDF Version)
- Online Orientation (Spanish PDF Version)
- Online Orientation (Power Point English Version)
- Online Orientation (Power Point Spanish Version)
Both parties must complete the orientation program prior to participation in child custody recommending counseling. If you do not have access to a computer and internet, you may be able to use a computer at your local library.
You may also participate in the FCS Orientation Program held at the office of Family Court Services in person. It takes about one hour to complete and you will have opportunities to ask questions.
If you and the other party both attend the FCS Orientation Program and reach an agreement, a child custody recommending counselor can help you prepare the agreement in writing and cancel your child custody recommending counseling appointment. To attend the FCS Orientation Program in person (children should not attend), please contact the office of Family Court Services directly. There is no fee for this class.
How can I submit important or relevant information to the child custody recommending counselor?
You should submit your completed Social History Questionnaire before or on the day of your child custody recommending counseling appointment. However, for any additional information submitted to FCS/child custody recommending counselor, the other party involved in the case (or parties if there are other individuals legally joined to the case) must be given (or served) with the copies of the information by a third party. The following policies apply to submission of all information (including written documents, audio and video tapes, and photographs):
- No more than twenty-five (25) pages of written documentation may be submitted to FCS.
- A Proof of Service form signed by a third party (age 18 or older) must be submitted with all documents.
- The third party must either hand deliver or mail the copies of the information to the other party five calendar days before the child custody recommending counseling appointment. Information that does not have a Proof of Service attached will not be considered by the child custody recommending counselor.
- Audiotapes will not be considered if the party was unaware that he/she was being taped.
Can I talk to the child custody recommending counselor before or after the child custody recommending counseling appointment?
No discussion with the child custody recommending counselor without the other party's presence or knowledge is allowed, including by attorneys for either party, at any time before or after the child custody recommending counseling appointment, except for any attorney appointed to represent your child (minor's counsel).
What if I miss my child custody recommending counseling appointment?
Because of the short time frame between the child custody recommending counseling appointment and the court hearing, another appointment cannot be scheduled. If the other party attends as scheduled, the child custody recommending counseling will go forward without your input. If time allows, the child custody recommending counselor may attempt to reach you by telephone.
If both parties fail to attend child custody recommending counseling, the appointment will be dropped and the court notified of your failure to attend. If this occurs, it is important that you still appear at the court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend child custody recommending counseling.
Do children attend child custody recommending counseling?
Yes. Bring all children ages 5 years and older who are directly involved in the case to the child custody recommending counseling appointment. Although it is up to the discretion of the individual child custody recommending counselor as to whether or not they need to be interviewed, you are still required to bring them to the appointment.
Are both parties interviewed together?
Yes. Except for certain situations, child custody recommending counselors interview both parties together.
Telephone child custody recommending counseling may occur when either party resides out-of-state or will suffer an extreme hardship by traveling to FCS for child custody recommending counseling, by court order, or upon a showing of good cause at the discretion of FCS. The request for telephone child custody recommending counseling should be made in advance of the child custody recommending counseling. Both parties will be heard at the same time.
What happens in cases where there are allegations of domestic violence or there is a domestic violence restraining order in place?
If there is a Restraining Order in effect, the victim may have a support person present during the child custody recommending counseling appointment .
However, the support person cannot participate in, and is required to maintain confidentiality of, the child custody recommending counseling session.
A child custody recommending counselor may exclude a support person from a session if:
- The support person attempts to participate in the session.
- The support person acts as an advocate for the victim in a session.
- The support person's presence or actions disrupt the session.
Additionally, if the party who is protected from the other party by a Restraining Order, or who declares under penalty of perjury that there is a history of domestic violence by the other party, requests to be seen separately, each parent will be interviewed separately.
Important Things to Know After Child Custody Recommending Counseling
Child custody recommending counseling report
At the conclusion of your child custody recommending counseling session, the child custody recommending counselor will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the Child Custody Recommending Counseling Report.
The child custody recommending counselor will make a written recommendation to the court on any issues that have not been resolved during child custody recommending counseling (except for confidential child custody recommending counselings). A copy of this report will be mailed to you, or your attorney if you are represented.
What if I don't agree with the child custody recommending counselor's recommendations?
If you received child custody recommending counseling upon direct referral from the court, or as a result of you or the other party filing an OSC/NOM, you already have a court date set. If you do not agree with the child custody recommending counselor's recommendations, you may state your position to the judge during your court hearing. Be prepared to give specific information to the judge as to why you disagree with any of the child custody recommending counselor's recommendations.
What if we reach a full agreement during child custody recommending counseling?
If you were able to reach an agreement with the other party on all custody and visitation issues, the child custody recommending counselor will prepare a written agreement for each of you to sign. If neither of you are represented by an attorney, FCS will forward the agreement to the court for approval. Once approved, it will become an official court order.
However, if an attorney represents one or both parties, you will not be asked to sign the agreement. Instead you will be directed to present it to the attorney for review and submission to the court.
Do we still go to court if we reach an agreement?
If custody and visitation are the only issues in dispute, then FCS will notify the court of your agreement and the court hearing will be dropped. However, if there are other issues that the court has been asked to act on, you must still appear on your scheduled court date.
Are child custody recommending counseling reports confidential?
Yes. Child custody recommending counseling reports are confidential and are not allowed to be copied or distributed to anyone other than the court, an attorney of record, or the named parties to the proceeding, with the following exception:
In certain instances the court allows the exchange of information to other agencies in the justice system. Specific information can be obtained from FCS.
Confidential Mediations
Petitions for Confidential Mediation
If you have an existing Sacramento County Superior Court case, you may be able to obtain free mediation services without filing an Order to Show Cause or Notice of Motion. You can do this by filing a Petition for Confidential Mediation directly with FCS. Upon the filing of a petition, an appointment will be scheduled for you to meet with a mediator. If, during the mediation session, you reach a full agreement with the other party, FCS will assist you in submitting that agreement to the court to become an order. This report does not become a court order until you appear in court. To set a hearing date, you must file an Order to Show Cause or Notice of Motion.
In confidential mediation, if you do not reach an agreement, FCS will not prepare a report and no recommendation on the issues you disagree on will be made.
Immediate Referrals from the Court
The court may refer parties to FCS to provide expedited services. Generally, this occurs in cases where either parent presents an immediate danger or risk of harm to the child(ren). Parties are usually seen in FCS within a few days of the referral being made. A date to return to court is usually set to occur within 1 to 3 days following the referral. Immediate referrals may involve, but are not limited to, the following situations:
- Physical abuse
- Sexual abuse
- Emotional abuse or neglect
- Domestic violence
- Alcohol or substance abuse
- Allegations of flight risk or abduction
Other Important Information
Child custody recommending counselor conflict of interest
Child custody recommending counseling of cases that involve family law attorneys or their spouses, relatives, friends, or co-workers of the child custody recommending counselor may present a conflict of interest. A child custody recommending counselor will not handle a case in which they perceive that a serious conflict of interest exists. Therefore, in these cases, parties may be referred to private child custody recommending counselors.
Reports to Child Protective Services
Family Court Counselors are mandated reporters. This means they are legally obligated to report to Child Protective Services (CPS) any situation that may pose an imminent danger or risk to the child(ren). Parties will be informed when referrals are made to CPS for risk assessment.
Complaints about FCS services
Family Court Services is committed to the delivery of quality services. If you should have a complaint regarding services received, you may register your complaint orally or in writing to the FCS Manager.
FCS fees
A deposit of $150.00 is required any time a FCS child custody recommending counselor is subpoenaed to attend a court hearing or proceeding as a witness. The party issuing the subpoena will be charged, at the rate of $78.00 per hour, for the actual time spent preparing for court testimony and/or deposition and the actual time spent testifying.
Testimony and depositions
The following rules apply to the subpoena of a child custody recommending counselor/evaluator:
- If the child custody recommending counselor is to be examined in court, he/she must receive the subpoena 5 working days before the court hearing.
- Due to time constraints, the party issuing the subpoena should contact FCS at least 20 days before the court hearing to determine the child custody recommending counselor availability.
- Depositions will take place at the Office of Family Court Services after 3:00 p.m. on a regular court day or at a mutually agreed upon time.