I went to court in november of 2019 for a visitation plan with my x husband. I was not aware to the full intent of what the mediator was writing down for our "agreed" schedule. I was very unaware of the court system and how the process works because i have never been involved with the court. I have made attempts to ask my childs father for small changes in the visitation and he does not want to come to any compromise. I would like to change the three weekend a month schedule to the first, second, and third. Instead of alternating weekends plus one of my weekends of his choosing. Also want to change the holiday schedule time to 12pm to 12pm the following day instead of 9am to 9am the following day so that my child does not have to be woken up and rushed to be ready every holiday. Is the court going to consider it or just throw it out?
When you go to mediation in Santa Clara County Family Court, the mediator will mail out a written version of the agreement(s) that you make. This written version will have a cover letter that explains that you have ten (10) days to file objections to the draft agreement.
If you don't file objections, then after ten (10) days, the court signs it and makes it a court order.
The pre-mediation Orientation explains all of this, as does the cover letter to the draft agreement. It pays to pay attention to these details.
You are free to file a new RFO to ask for a return to mediation.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You need to hire a licensed California Family Law Attorney to represent you and help you out on an immediate basis. Court litigation can be very tricky, very complex, etc. You need to answer the question of how is what you are proposing in the best interest(s) of the minor child or the minor children involved?
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline