My ex and I had an appointment to meet with a mediator last week before our hearing to modify child custody set for next week. I traveled from out of state to be there and the Mediator wasn't there. Another mediator asked if we were close to an agreement and my ex made a scene in front of everyone about how she's not agreeing to me having custody because I live out of state (I always have, she was the one who moved back to California when we separated). That mediator said he was unable to squeeze us in and then made some comment about how the court wouldn't let that me have custody out of state, which I thought was inappropriate since he doesn't even know our case. He went on to say something about us meeting with a mediator in the morning before our scheduled hearing with the judge... but our hearing is at 8:30am. The docket shows no recommendation was made and it doesn't show a change in our hearing date. Will the judge still make us go back to mediation, even though there's no way my ex and I will come to an agreement about custody, or can he make a ruling based on the information that's already been presented to the courts?
I am not sure how the court will treat this - however here are some parameters. Mediation is mandatory. Most courts will not touch the case unless the case has been mediated. It is sad that your mediation did not take place - this happens. In each case where this as occurred, the court I have been dealing with has rescheduled the mediation. You may have the option to use a private mediator which is going to cost money. t
The courts used to be indifferent, when mediation was missed. It happens a lot. But the mediator was correct. You won't get custody in another state. The court has no jurisdiction to do that.
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If the judge required mediation, he/she will likely not change. I would go into the mediation in good faith, hoping something can be resolved. If not, then the case will proceed, but that will take time, money, and only make things worse between you and your ex-spouse. It is your children - you both owe it to them not to turn them into pawns in your dispute. Remember that.
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Riverside usually has an opportunity for you to have CCRC in the morning the day of hearing, for particular cases, if the judge request that from CCRC.
In terms of you obtaining custody, this is extremely fact specific. I recommend that you contact an attorney via AVOO's find attorney button, as many of us offer free consultations.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.
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