How to prepare for a custody trial?

Asked about 4 years ago - Sacramento, CA

My children's father & I recently had a custody hearing in which I agreed to the mediators recommendations (which were in the end ordered by the judge) but the other party did not. He has now requested that we go to trial. I was reading the initial paperwork & it sounded as if they will not be reading the mediators report unless I supena the mediator to be there. This is a huge factor in our case. Can anyone tell me what to expect in going to trial? Do they take into consideration the mediators report, supporting documents or is it just going to be another he said she said all over again? I hate to pay a huge fee to have the mediator be there to reitterate what they might have already read in the mediators report. Any info on what to expect & how to prepare for custody trial?????

Attorney answers (1)

  1. Zephyr Savoy Hill

    Contributor Level 14

    Answered . This is not the right forum to properly discuss trial preparation. If you have 3 years, go to law school and figure it out. Just kidding you a bit, but this is very complex. If you do not have an attorney, get one.

    In short, you will have to submit a trial brief and you will be able to present documentary evidence as attachments. This can and should include the mediation recommendation.

    In addition, before trial you will also submit briefs and attend at Mandatory Settlement Conference. Maybe this will keep you from having to go to trial.

    As a final note, it is likely you will have the same Judge and he or she will remember and be aware of the current temporary order. You are in a strong position and if you handle your case well, you should do just fine.

    Best regards,

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