Mastering Your Child Custody and Visitation Motion: The Crucial Role of FCS Mediation
When preparing for your child custody and visitation motion, you likely focus on gathering evidence, preparing paperwork, and drafting declarations. However, one crucial aspect often overlooked is what I consider the most important part of your case: the Family Court Services (FCS) mediation.
In San Diego County, filing a motion that involves child custody and visitation typically triggers the court to schedule an FCS mediation session for you and the opposing party. During this process, you and the other party will meet with a court-appointed mediator to discuss custody issues. Attorneys are not allowed to be present at FCS mediation. The mediator will ask both parties a series of questions, review the case facts, and draft a report with their recommended custody arrangement. This mediation can last from one to two hours, and the resulting report is then sent to each party, their attorneys, and the judge for review.
Why is FCS Mediation Preparation So Important?
The FCS report can be the cornerstone of your child custody and visitation case in San Diego. Courts take these recommendations very seriously and often adopt them as the final order or base their decisions heavily on them. Yes, you heard that right! Your custody case could be decided based on a report from a meeting that took just one to two hours.
Given the weight of this report, you must be well-prepared. You need to know what can and cannot be discussed during mediation, understand what is expected of you, recognize what a typical report looks like, and appreciate the role it plays in your case. The better prepared you are, the higher your chances of receiving a favorable report.
How We Help Our Clients Prepare for FCS Mediation
At Contreras Law Firm (CLF), we have a unique advantage: an in-house attorney who focuses exclusively on preparing clients for FCS mediation. This attorney previously worked at FCS for several years, performing the exact role of mediating and drafting reports for the court. Her insider knowledge and firsthand experience provides invaluable insights that can make a significant difference in your case.
Our FCS experienced attorney understands the nuances of the mediation process and knows exactly what mediators look for in a favorable report. She helps our clients navigate the complexities of FCS mediation with confidence, ensuring they are thoroughly prepared to present their case effectively.
Our attorneys will meet with the client, either in person or over the phone, to discuss the entire process (ideally in person). We cover what needs to be done before mediation, the check-in process, the paperwork involved, and most importantly, what the actual mediation will be like. We go over every detail and ensure key terms such as the difference between legal custody and physical custody are thoroughly understood. Other important details include going over holiday schedules and vacation time, these are often overlooked and underestimated. Being prepared is key. This preparation brings a sense of relief to our clients.
What to Do If the Report Is Unfavorable
If you receive an unfavorable report, don’t panic. Several strategies can minimize the damage of an FCS report, depending on the specifics of your case. However, it is always better to prepare thoroughly before mediation than to scramble afterwards to fix avoidable issues.
Preparation is key to navigating the complexities of FCS mediation and achieving the best possible outcome for your child custody and visitation case. With our team, you can rest assured that you are receiving the best possible guidance and support throughout this critical process. Make sure you are well-prepared to present your case effectively and increase your chances of a favorable result.