Child Custody & Visitation: Recommending vs Non-Recommending Counties
What is the difference between a “Recommending” and a “Non-Recommending” county in California?
In California, when one parent files a motion regarding child custody and visitation, it is typical for the court to require the parents to attend some sort of mediation to try and reach an agreement on those issues prior to attending the court hearing where a judge will make orders.
If the court ordered mediation process, as described above, does not result in a mutual agreement on the parties, what happens next depends on whether the county that has jurisdiction over your family law matter is a “Recommending” or “Non-Recommending” county. [1]
In a “Recommending” county, the mediator will prepare a recommendation, based on the conversation had with the parents, as to custody and visitation, taking into account the best interest of the child(ren). The parents, and their attorneys, will receive a copy of the mediator’s recommendations prior to the court hearing. Though, in some instances, this could mean the parents receive the recommendation immediately before the court hearing begins. The judge will consider the mediator’s recommendations when handing down the official order of the court. [2]
In addition to custody and visitation orders, the mediator can recommend, if they feel it is appropriate, that the court conduct an investigation or offer other services to the parents prior to a hearing, that a restraining order be issued, and/or that Minor’s Counsel be appointed. [3]
In a “Non-Recommending” county, the mediator will simply report to the judge that no agreement was reached by the parents, and will not prepare any sort of recommendations for the judge to consider when handing down their orders. The judge will rely on the pleadings both parties have submitted, and make take additional testimony during the hearing. The judge may also consider what they believe to be in the best interests of the child(ren). [4]
On the other hand, if the parents are able to reach a mutual agreement regarding custody and visitation during mediation, regardless of if the county is “Recommending” or “Non-Recommending”, the mediator can assist the parents in preparing an order to reflect their agreement. [5]
Do I live in a “Recommending” or “Non-Recommending” county?
You can review THIS MAP on the California Court’s website to determine if you live in a “Recommending” or “Non-Recommending” county. [6]
At the time this article was published:
Santa Clara County is a Non-Recommending County
San Diego County is a Recommending County
What’s better, “Recommending” or “Non-Recommending”?
There is no right answer here. Ultimately, the judge will have the final say on what the court thinks is best for your child(ren) and make orders reflecting that.
Alternatively, parents can take more control over the decisions regarding their child(ren) by working together (on their own, with the help of their attorneys, or with the assistance of mediator (court ordered or private)) to come to mutual agreements regarding these issues.
Can private Mediation help us determine a custody and visitation schedule?
YES - The court ordered mediation regarding custody and visitation (as described above) can vary in length, but are typically around one (1) hour long, will be the first time you are introduced to the mediator, and oftentimes do not include your attorney. This can make the process challenging because you have limited time, not prior relationship with the mediator, and may feel pressure to make a decision without the ability to consult your attorney on the spot. In addition, if you are in a “Recommending” county, the mediator that you only spoke to briefly about your child(ren) may ultimately determine the custody and visitation orders the judge puts into place - whether you like it or not.
Private Mediation, on the other hand, allows you and your spouse (or co-parent) the opportunity to get to know your mediator on a personal and professional level, so that they may better understand your family dynamic and the needs of your child(ren) while guiding you through the laws surrounding custody and visitation. Allowing you and your spouse (or co-parent) the time and flexibility to best design a custody and visitation schedule that works for your family, as well as consult with independent counsel as needed. Private Mediation can reduce the pressure and stress of custody and visitation agreements by giving you more control.
Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.
Related FAQs:
What are “Reporting” and “Non-Reporting” counties?
“Reporting” and “Non-Reporting” are used interchangeably with “Recommending” and “Non-Recommending” counties.
Footnotes
[1] See California Family Code §§ 3177-3186
[2] See California Family Code § 3183(a)
[3] See California Family Code §§ 3183(b)-(c), 3184
[4] See California Family Code § 3011
[5] See California Family Code § 3186
[6] Link to CA Court Website for map of Recommending and Non-Recommending counties: https://courts.ca.gov/publication/statewide-map-mediation-child-custody-recommending-counseling
