By H. William Edgar | Edgar & Dow
San Diego Family Court Services helps parents try to reach a custody and parenting-time agreement. If the parents do not reach an agreement, the counselor submits a written report to the judge with a recommendation and the reasons for it. Unless the court orders otherwise, the session is open to disclosure among the counselor, court, parties, and their attorneys. The report remains confidential from the public. The judge makes the custody order. Read your appointment notice and contact Family Court Services in advance if a protective order or safety concern affects participation. San Diego Local Rule 5.11.2.
In San Diego, I want a parent prepared to explain the schedule they’re proposing and why it works for the child. If parents cannot agree, Family Court Services may make a recommendation. A clear proposal matters because the judge may see the counselor’s recommendation before hearing either parent in court.
Start with a weekly calendar. Then mark holidays, vacations, school closures, and how the child gets to each household. San Diego’s parenting-plan booklet can help you break those questions down. Explain why your first proposal fits the child and identify an alternative for the most disputed point. An alternative school-based exchange can be useful when the other parent objects to a particular public handoff location.
Family Court Services schedules a separate interview if the counselor needs to speak with your child or the judge orders an interview. Bring your child to the regular counseling appointment only if the court orders you to do so. San Diego’s CCRC information sheet (FCS-022).
Under San Diego Local Rule 5.11.1, you may submit documents to the counselor only if the counselor requests them or the court authorizes submission. If you ask the court for permission, the rule requires a Notice of Lodgment with the proposed documents and service on the other side before you request the order. If the counselor requests documents, give the other side copies no later than when you submit them to Family Court Services. Prepare your Request for Order and supporting declaration for the judge as well as your proposed parenting plan for counseling. San Diego Local Rule 5.11.1(D).
The judge can separately order a Family Code section 3111 custody evaluation under Local Rule 5.11.5 or appoint minor’s counsel to represent the child in appropriate cases. Under Rule 5.13.1, the court generally reviews the continued appointment and the parties’ ability to pay every 90 days. San Diego Superior Court family law rules.
Read any proposed agreement before signing it. If a recommendation issues, compare it with the filed request and the actual child-care calendar. Identify what you accept, what is factually wrong or impractical, and what exact order you propose instead. Confirm when and how the recommendation is available and follow filing and service requirements for any additional material.
Consider a parent who wants holiday time to start immediately at school release while the other parent can reach the school only later that evening. Use the holiday worksheet to show both proposals, explain how the child would be cared for in between, and identify who would handle transport. The counselor and judge can assess concrete options that account for both work schedules.
A child’s school breaks differ from the parents’ work holidays. Both parents want a predictable holiday calendar, but their proposals assume different start dates.
Use the San Diego worksheets to identify the exact school release and return dates. Propose the first and last exchange times and a backup location. Explain which regular weekend will be displaced and whether the regular rotation then resumes. Bring an alternative that addresses the other parent’s work schedule.
If no agreement is reached, check the recommendation’s actual wording. A recommendation for “half of winter break” may need specific times and transport terms. Ask counsel how to request precise terms at the hearing. The entered order should give the adults the same answer when they check the calendar later.
We arrange a preparation session before custody mediation or recommending counseling when we represent a parent in the case. We review the signed order and the proposed schedule, then practice explaining what the parent wants and why it fits the child. In recommending counties, that preparation matters because the counselor may make a recommendation on unresolved issues.
Good preparation includes both what to say and how to say it. Lead with the child’s actual week and one or two facts that explain the requested change. State the time, place, and transportation terms you are proposing. A well-drafted Request for Order is equally important. It gives the judge a specific request and supporting facts, whether the appointment ends with an agreement, a recommendation, or issues for the judge to decide.
Review the court’s data sheet and appointment directions. Bring the signed order and be ready to describe the child’s ordinary schedule with a reliable calendar. Tell counsel about a protective order or practical barrier to participation early enough to ask about available procedures.
If the proposed schedule leaves transportation undefined, bring concrete alternatives. Identify the time, place, and responsible adult. Address the disputed wording in court and review the final written order to confirm the issue was resolved.
When the statutory requirements are met, Family Code section 3044(h) requires the court to tell the parties about the statute and provide a copy before custody mediation. Noble v. Superior Court (2021) 71 Cal.App.5th 567 discusses that notice duty. If a court has made a qualifying finding, the custody presumption raises a separate question. See our guide to domestic violence and child custody.
San Diego parenting-plan booklet
Explore the California Child Custody and Visitation Library for more guides on county mediation and recommending counseling.
What Happens at CCRC in Riverside and San Bernardino County?
What Happens at Confidential Child Custody Mediation in Orange County?
How Do I Write a Parenting Plan That Works in California?
How Do I Prepare a Request for Order and Declaration in a California Custody Case?
What Is a Family Code Section 3111 Child Custody Evaluation?
If you are preparing for San Diego recommending counseling, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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