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FL-314-INFO, Page 1 of 2 Parents who come to c ourt about child custody and parenting time (visit ation) face decisions about parenting plans fo r their children. This information sheet provid es general i nformati on about child custody and pa renting time matters, how to get help resolvi ng a custody dispute or making a parenting plan, where to find an attorney , and where to find other resources. Revised January 1, 2012, Optional Form FL-314-INFO Child Custody Information Sh eet— Child Custody Mediation Child Custody Information Sheet— Child Custody Mediation What if we don’t have a parenting plan? If you can’t reach an agreem ent, the court w ill refer you to mediation with famil y c ourt s ervice s (FCS) t o try to work out a parenting plan. A parenting plan describe s how the parents will divide their responsibilities for taking care of their child. The plan may include a general or specific schedule of days, times, weekends, holidays, vacations, transportation, pick-up/drop-off, limits on travel, counsel ing and treatment services, and other details. What is a parenting plan? A parenting plan usually includes: • Legal custody: how parents make major decisions about the child’s health, education, and welfare; • Physical custody: wh ere the child lives; and • Parenting time , time-share, or visitation: wh en the ch ild sp end s time with each paren t. Legal custody and physical custody may each be specified as joint (both parents have certain responsibilities) or so le (one parent has the responsibility alone). What are legal and physical custody? If there is domestic viol ence or a protective order, talk with an attorney, counselor, or mediator before maki ng a parenting plan. For domestic violence he lp, ca ll the Na tiona l Domestic Violence Ho tline at 1-800-799-7233 (TDD:1-800-787-3224) or call 211 if available in your area. What if there is domestic violence or a protective order? Yes. You have a right to make a parenting plan agreement on your own. Th is agreem ent may be call ed a stipulation, time-share plan, or parenting plan. If both parents can agree on a parenting plan, the judge will probably appr ove it. The agreement becomes a court order afte r it is signed by both parents and the judge, a nd filed with the court. Can we make our own parenting plan? What is mediation with family court services? Family court services (FCS ) provides mediation to help parents resolve disagr eements about the care of their child. The mediator wi ll meet with you and the other parent to try to help you both make a parenting plan. An orientation may be provided that offers additional informati on about the process. If you are concerned about meeting with the other parent in mediatio n, or there is a domestic violence issue or a protective orde r involving the other parent, you may ask to meet alone with the mediator without the other parent. You may also request to have a support person with you at mediation. T he support person may not speak for you. Do we have to agree to a parenting plan in mediation? No. You do not have to come to an agreement in mediation. When the parent s can’t agree, the judge will decide. For legal advi ce, contact an attorney. For other information, ask the self-help center or family court services about how the process works in your court. Judicial Council of Ca lifornia FL-314-INFO, Page 2 of 2 Revised January 1, 20 12 FL-314-INFO Child Custody Information Sh eet—Child Custody Mediation Court Hearing When the parents cannot ag ree to a parenting plan on their own, in mediation, or in any other ADR process, the judge will decide. If there is domes tic v iolen ce or a protective order, a parent may be able to br ing a support person with him or her to the court hearing, but the support person may not speak for that person. Re que sts fo r Ac commo dati on s Assisti ve listen ing systems, co mpu ter-assiste d rea l-time capt ionin g, or si gn langu age interprete r services are avai lable if 1. Meet and Confer: Pa rents a nd their atto rne ys (if any) may meet at a ny time and as ofte n as necessary to work out a parenting plan wi thout a court hearing. If there is a protective order limiting the contact between the parents, then the “meet and confer ” can be through atto rneys or a med iator in separate sessions. 2. Settlement Conference: In some courts, parents may meet with a judge, neut ral evaluators, or family law attorneys not involved in the case to discu ss settlement. Check w ith the loca l court to find out if this is an option. If ther e is a protecti ve order, the settlement discussion can be th rough attorneys or a mediator in separate sessions. 3. Private Mediation: Parents may hi re a priv ate mediator to help them resolve t heir disput e. 4. Collaborative Law Process: Each parent hires a lawyer and agrees to re solve th e disp ute without going to court. The parents may also hire other experts. This information sheet give s only basic information on the child custody process and is not legal advice. If you want legal advice , ask an attorney for assistance. For other info rmation, you may want to: 1. Contact family court services. 2. Contact the family law fa cilita tor o r self- help center for information, loca l rules and court forms, and re ferrals to loc al le gal services providers. 3. Find an attorney through your local bar association, the State Bar of California at http://calbar.ca.gov , or the L awyer Referral Service at 1-866-442-2529. 4. Hire a p rivate mediator for help with your parenting agreement. A medi ator may be an attorney or counselor. Contact your local bar association, court ADR program, or fami ly court services for a referral to loca l res ource s. 5. Find information on the Online Self-Help Center website at www.courts.ca.gov/selfhelp . 6. For free and low-cost legal help (if you qualify), go to www.lawhelpcalifornia.org . 7. Find information at your local law library or ask at your public library. 8. Ask for a court hearing and let the judge decide what is best for your child. Are there other ways to resolve our dispute? Yes. You may try other alternative dispute resolution (A DR) options, including: Where can I get help? Child Custody Information Sheet— Child Custody Mediation you ask at lea st five days before the proceedi ng. Con tact the clerk's office for Request for Accommodations by Persons with Disab ilities and Response (fo rm MC-41 0). (Ci vil Code, § 54.8.)