When separated or divorcing parents disagree about custody or parenting time, California generally requires them to participate in court-connected mediation before a judge decides the contested issues. The process gives parents an opportunity to develop their own parenting arrangement with help from a trained professional.
In Marin County, this process is called child custody recommending counseling and is administered by Family Court Services at the Marin County Superior Court in San Rafael. The service is provided without charge, and its outcome can significantly influence what happens when the parents appear before a judge.
Understanding how Marin County child custody counseling works is particularly important because the counselor may recommend custody arrangements to the court when parents cannot reach an agreement.
What Happens Before the First Counseling Session?
When a parent files a Request for Order involving custody or parenting time, the case is generally referred to Family Court Services. Marin County’s local rules require an intake sheet, and the parent requesting an order must also provide the required Family Court Services counseling notice with the filing.
Before attending the initial session, both parents must complete a mandatory orientation. Marin County offers orientation materials online or through a booklet that explains the counseling process, its objectives, and what parents can expect afterward.
Family Court Services then schedules an appointment and notifies both parents by letter. Under the county’s current rules, appointment information is ordinarily sent by certified mail, although parents can request notification by email or regular mail using local Form FL079.
Parents should review the orientation materials and prepare information about their children’s daily routines, school schedules, medical needs, and existing parenting arrangements. Understanding the disputed issues beforehand makes the session more productive.
What Happens During Child Custody Counseling?
The counselor’s primary objective is to help parents develop a workable parenting plan that serves their children’s best interests. The discussion may address legal custody, parenting time, transportation, holidays, school schedules, and responsibility for important decisions.
Parents are encouraged to focus on practical arrangements rather than disagreements about their former relationship. A discussion about who can provide transportation after school, for example, is usually more useful than revisiting arguments about why the marriage ended.
The counselor may meet with parents together or separately, depending on the circumstances. Marin County’s process is designed to help parents identify areas of agreement while addressing concerns that could affect the children’s safety and stability.
California also provides protections when domestic violence is involved. Under Family Code section 3181, a parent who meets the statutory requirements can request separate counseling sessions, and qualifying parents may bring a support person for emotional assistance.
The support person cannot act as an advocate or participate in negotiations, and the counselor may exclude someone whose conduct disrupts the process. Parents with safety concerns should raise them with Family Court Services before their appointment.
What Happens If Parents Reach an Agreement?
If both parents agree on custody and parenting arrangements, the counselor prepares a written agreement reflecting those decisions. The parents review and sign the document before it is submitted to the judicial officer.
Once the judge signs the agreement, it becomes an enforceable custody order. Parents can therefore resolve contested custody issues without requiring the court to independently decide every detail of their parenting schedule.
Reaching an agreement can reduce the uncertainty and additional proceedings associated with a contested custody hearing. However, parents should understand the proposed terms before signing, particularly when the arrangement will affect school schedules, holidays, and long-term parenting responsibilities.
What Happens When Parents Cannot Agree?
One of the most important features of Marin County child custody counseling is that Marin is a recommending county. This means the counselor’s role continues beyond facilitating negotiations when parents cannot reach an agreement.
Under California Family Code section 3183 and Marin County Superior Court Local Rule 7.17, the counselor prepares a written recommendation addressing custody and parenting time. The report is provided to the parties before their hearing so they can review the proposed arrangements.
That recommendation can become an influential part of the court’s decision-making process. Although the counselor does not issue the final custody order, the judge considers the recommendation alongside other relevant information when determining what arrangement serves the children’s best interests.
Marin County’s procedures also provide for a tentative ruling before the custody hearing. The court ordinarily issues that ruling the day before the hearing based on the available information, including the Family Court Services recommendations.
Parents who agree or disagree with the recommendations can communicate their positions using local Form FL027, the Statement of Agreement/Disagreement with Family Court Services Recommendations. Under the current local rules, the form may be filed and served before the custody hearing.
At the hearing, the judge considers what both parents have to say about the proposed arrangements. The court may issue custody orders, refer unresolved matters to a judicial settlement conference, or schedule a custody trial when additional proceedings are necessary.
The recommendation is therefore an important part of the case, even though the judge retains responsibility for the final decision. Parents should approach counseling with the same seriousness they would bring to other significant stages of a custody dispute.
Preparing for Counseling With a Custody Lawyer
Preparation becomes especially important when the counselor may eventually recommend an arrangement to the court. A custody lawyer can help a parent understand the relevant legal standards and develop a realistic parenting proposal before the first session.
That preparation may involve reviewing the children’s school and activity schedules, documenting existing parenting responsibilities, and identifying arrangements that address transportation, exchanges, and important decisions. When disputes involve relocation, safety concerns, or a child’s special needs, additional planning may be necessary.
Marin County’s local rules also govern documents submitted for the counselor’s consideration. Parents must provide copies rather than originals, and documents submitted to the counselor must also be provided to the opposing party.
An attorney can help determine which records are relevant and how to present concerns clearly without turning counseling into an argument about the parents’ personal relationship. Legal representation can also be valuable after the counselor issues a recommendation.
If a parent disagrees with the proposed arrangement, counsel can evaluate the report, explain the available procedural options, and prepare an appropriate response before the hearing. Because the recommendation and hearing may occur relatively close together, waiting until the final stage can leave limited time to address disputed findings.
Understanding Marin County’s Custody Process
Marin County’s custody counseling process offers parents an opportunity to reach their own parenting agreement before a judge decides contested issues. When agreement isn’t possible, the counselor’s written recommendation becomes an important part of the court proceedings.
Knowing what to expect helps parents prepare more effectively, understand their procedural rights, and keep their attention on arrangements that support their children’s needs.
Kaspar & Lugay LLP represents parents in Marin County child custody disputes through its Corte Madera office. The firm’s family law attorneys can assist with preparation for custody counseling, review of Family Court Services recommendations, and representation in contested custody hearings.
Parents facing a custody dispute can benefit from obtaining legal guidance before their first counseling appointment, particularly when significant disagreements or complicated family circumstances are involved.
Kaspar & Lugay, LLP
+14154499432
770 Tamalpais Dr Ste 200, Corte Madera, CA 94925
