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I have had my son...
I have had my son since my ex boyfriend & I have spilt my son was 1 @ the time,he only has my son every other weekend,I have clearly raised my son who is now 9 I am married with a another son who is almost 2,we have a home both have jobs my husband is a teacher,unfortanaly I never filed 4 custody thru the courts 4 my 9 yr old his father & I just had verbal agreement,my son wit 2 his dads home 4 the weekend & never return home he is now wanting custody after all this time,I do not think its in my sons best intrest 2 live with his dad he is single with a job that takes him out of town all the time.Im not sure if his dad has hired a attorney we have mediation monday morning.What advice can u give me?
Submitted: 9 years ago.Category: Family Law
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8/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
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Mediation is a process where you and he will be able to express your concerns and wishes to a third neutral party (the mediator). You will be allowed to express your thoughts as you have written them down. The goal is for both of your to work out a parenting arrangement, instead of having the judge to hear your case and make the decision. The mediator will make sure that all discussions are amicable and not allow fights. If you want to learn more about the mediation process you can review the following from the California courts about the process here.

A parenting arrangement is determined on what would be in the child's best interests. In California, the following factors are considered in a parenting arrangement if you cannot work out a parenting arrangement in mediation. It would be best to review these factors and use the relevant ones to support your position in mediation.

In making a determination of the best interest of the child, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child. (b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. (c) The nature and amount of contact with both parents. (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. Notwithstanding any other provision of law, in any proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain all of the following: (1) The basis for the court's exercise of jurisdiction. (2) The manner in which notice and opportunity to be heard were given. (3) A clear description of the custody and visitation rights of each party. (4) A provision stating that a violation of the order may subject the party in violation to civil or criminal penalties, or both. (5) Identification of the country of habitual residence of the child or children. (California Code - Sections: 3011, 3020, 3024, 3040, 3042)



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