Why Mediation is Better for the Children

When you are working together to create a plan for sharing your children you are emotionally coming from a place where the children’s needs are first. With them as the focus there is no fighting or trying to win the children over to get back at the other parent. You will avoid the pitfalls of those who are in fight mode and keep your children first. Your children will not have to endure some of the following:

1. Fighting in front of the children.
2. One or both of the parents saying derogatory things about the other in front of the children. 
3. Saying things which make your children feel it is not OK to want to talk to and/or see the other parent. 
4. Discussing the court proceedings with the children to get an advantage over the other parent.
5. Having the children read the legal documents to get an advantage over the other parent. 
6. Making a scene at public events and special outings by arguing or insulting the other. 
7. Making the children feel like they have to take sides. 
8. Not allowing the children to take their clothes and belongings back and forth between homes. 

The Process to Obtain a Child Custody and Visitation Order in Fresno County

You will attend at least two court hearings before you have an order.

From the time you file until the first hearing, called a Readiness Hearing, will be approximately 2 months. At the Readiness Hearing you will be given dates to attend orientation to mediation, mediation and a return to court date.

The time from the first hearing until the second hearing will be approximately 45 to 60 days, depending on the courts calendar.

• At mediation, children are no longer interviewed.
• Mediation is confidential. That means nothing that happens during the mediation session can be brought up at court.
• At the second hearing, all the judge will know is whether you agreed, disagreed or have a partial agreement. If any agreements are reached those will be typed up and made available prior to or at the hearing.

At the second hearing the judge has the option of:

• Making an order that day.
• Determining additional information is necessary and sending the matter to Tier II mediation and setting a return to court date.
• Setting the matter for a contesting hearing/trial where evidence is presented by the parties before the judge makes a decision.

In this process, the judge decides who your children will live with and when.