Revisiting Child Custody- the initial custody order

“I want custody of my children but I am afraid the court will give them to the other parent is this correct?”

California takes a very careful approach in making appropriate child custody orders, such that you will find an abundance of case law about this subject matter, all of which has been used to structure the creation of the Family Code.

As stated properly in the case of Adoption of Matthew B, the main goal in parenting arrangements is to promote the best interest of the child, inorder to make sure that the child develops into a well adjusted adult.

The process begins by having both parents meet with the Child Custody Recommending Counselor (formerly known as a mediator). Unless there is a restraining order, both are required to attend the meeting together.  In California, mediations are mandatory.  Before the court can make custody arrangement, it must have a report by the mediator with their analysis and results of the meeting. Depending on the county where you have initiated your custody case, the mediator is not required to provide recommendations, when both parents are unable to agree as to an appropriate parenting plan (Alameda County is a recommending County and you will always have the mediator’s recommendations).

In general, the mediation process is to consider what arrangement would be best and in furtherance of the children’s best interests. This typically involves looking at the relationship of the children with their parents, essentially who has been the primary caretaker of the children and whether continuing that relationship would further the child’s health, safety, and general welfare (best interest). In situations where the children have been exposed to neglect, violence, or abuse by one parent, the court is likely to award primary physical custody to the other parent. If those scenarios do not apply, the recommendations are typically to keep the same parenting structure, which the children are accustomed to and allow the other parent as much visitation as is feasible to foster a continued contact and bond.  The main focus here it is in the best interest of the children and not ........