When parents disagree about child custody or parenting time in California, they generally don’t go directly to a judge for a decision. California law requires parents with contested custody or visitation issues to participate in court-connected mediation first.
The process is handled through Family Court Services (FCS). For fathers involved in a custody dispute, understanding FCS is particularly important because what happens during the process can impact the parenting plan that ultimately becomes a court order.
There’s also an important local distinction. California counties use different FCS models. In San Diego County, where Men’s Legal Center practices, the process is called Child Custody Recommending Counseling (CCRC). If parents can’t agree, the FCS counselor can make a recommendation to the judge.
What Is Family Court Services Mediation?
FCS mediation is a court-connected process designed to help parents resolve disagreements about child custody and visitation, or parenting time.
The mediator is not there to represent either parent. California requires court-connected mediators to be trained professionals, and their role is to help parents develop a parenting plan focused on the child’s health, safety, welfare, and best interests.
FCS generally focuses on custody and parenting time as opposed to property division, child support, or spousal support.
Is FCS Mandatory?
When custody or visitation is contested, generally yes. California requires parents to participate in mediation before the court decides disputed custody or visitation issues.
For example, if you and your child’s mother disagree about the parenting schedule and one of you asks the court to establish or change custody, FCS will generally occur before the custody hearing.
In San Diego County, disputed custody and visitation matters are ordinarily referred to Child Custody Recommending Counseling before the court hearing.
What Happens During an FCS Session?
The counselor will generally discuss the children’s needs and each parent’s proposed custody arrangement. The objective is to see whether the parents can reach an agreement that serves their children’s best interests.
You should be prepared to discuss practical subjects like:
- Where the children should live and when
- Weekday and weekend parenting schedules
- Holidays, vacations, and school breaks
- Transportation and exchanges
- Legal and physical custody
- Safety or other significant parenting concerns
The focus should remain on the children rather than using the session to concentrate on every little disagreement that occurred during the marriage.
Why San Diego’s “Recommending” System Matters
One of the most important things fathers should understand is that FCS doesn’t work exactly the same way in every California county.
California recognizes both non-recommending mediation and recommending models. In a non-recommending system, the mediator generally doesn’t give the judge a custody recommendation if the parents fail to settle. In a recommending system, a child custody recommending counselor may prepare a report recommending how unresolved custody and parenting issues should be decided.
San Diego uses the recommending model. If you and the other parent can’t reach an agreement, the counselor prepares a written report that can include a recommended custody and parenting schedule and the reasons for that recommendation.
Does the FCS Counselor Decide Custody?
No. The judge, not the FCS counselor, has the authority to make the court’s custody decision.
However, in San Diego, the counselor’s recommendations can be provided to the judge when the parents don’t reach an agreement. The parties receive the recommendation before the hearing.
The judge can consider the recommendation along with the other information and arguments presented in the case. So, although the counselor doesn’t make the final ruling, fathers should take the FCS process seriously.
Why Legal Guidance Matters
Fathers sometimes approach FCS as an informal conversation they can prepare for at the last minute. In a recommending county such as San Diego, that can be a mistake. The resulting FCS report may become an important part of the upcoming custody hearing.
Working with Men’s Legal Center can help fathers understand what to expect, develop a realistic parenting proposal, identify the issues that matter to the custody determination, and prepare for both FCS and the court hearing that may follow.