FAMILY LAW
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Family Law Facilitator
Changing your Name
Adoption Overview
Guardianship
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Mediation. The parties (parents) are directed to agree on a mediator. You
may select any mediator you wish, however, the court can only pay for mediation
provided by a mediator who is on the court's list of approved "court mediators."
Court mediators have agreed to the court's compensation schedule, and have
demonstrated they meet the qualifications for a mediator set forth in the
California Family Code and California Rules of Court.
If you elect to use a mediator who is not on the court's current
list of approved "court mediators" (lnyo/Mono Family Court Services Mediators),
you will be responsible for paying the mediator's fees. If you use a "court
mediator" the court will pay the costs of mediation. You may use a mediator who
is not on the list of "court mediators", and if mediation is not successful then
utilize the service of a "court mediator," or you may initially use a "court
mediator."
The Inyo County District Attorney's Victim-Witness
Office-maintains a list of persons and organizations providing mediation
service. This list is entitled "Providers of Mental Health Services." The Court
Clerk's Office maintains a list of approved "court mediators." This list is
entitled "Inyo/Mono Family Court Services Mediators - Approved Court Mediators."
Both of these lists can be obtained at the Court Clerk's Office in Bishop (301
West Line Street), or in the Courthouse in Independence. The lists are also
available at the Inyo County Family Law Facilitator's Office in Bishop, or
either the Independence Or Bishop Office of the Inyo County District Attorney's
Victim-Witness Office.
You must schedule an appointment for mediation as soon as
possible. You must schedule your appointment so that you will have time to watch
the pre- mediation orientation video before your mediation appointment, and so
that mediation will be completed before your next court appearance.
It is very important that you inform the mediator if your case
involves allegations of domestic violence. If so, the mediator will coordinate
mediation sessions so that you are seen separately.
If you reside out of state or significant distance from Inyo
County, and if your personal appearance for mediation within Inyo County would
cause an undue hardship, you may request a specific court order to accommodate
your needs including telephonic mediation.
Mediation Advantages. The process of solving family problems in court can be very
expensive, and is likely to intensify the angry feelings parents may have
towards each other. Custody battles put tremendous pressure on the children. In
mediation the parents have an opportunity to resolve some of their differences,
and can learn to co-parent for the sake of their children and themselves. In
mediation the parents are empowered to decide what is in the best interests of
their children, rather than leaving it up to the court to decide. Mediation
provides a framework within which parents can make their own decisions regarding
the lives of their children. Through mediation parents can learn skills that
will help them to peaceably resolve differences that may arise in the future.
A mediated agreement has a significantly
greater likelihood of being successfully implemented than does a plan ordered by
the court without the agreement of the parents. If the parents have to resort to
the court to make a decision, often times both parents go away disappointed and
angry, or one parent feels he or she has won and the other lost. Parents then
continue to focus on their relationship with the other parent, and not on what
is in the best interest of the child (ren). If parents are not able to reach an
agreement in mediation, they are far more likely to return to court when new
milestones develop in their child's life, where they continue fighting, and
spending valuable emotional and financial resources. The child usually suffers.
Mediation can help avoid such suffering.
Mediation Requirements. In any case, including actions for dissolution of marriage,
legal separation, paternity, and/or domestic violence restraining orders,
where there is any dispute as to child custody and/or visitation, the
parties (parents) are ordered to participate, in good faith in
"mediation."
If you are represented by counsel, you should discuss any
questions you might have with your attorney. If you are not represented by
counsel, you may (at your own expense) consult with an attorney of your choice.
What are the Possible Outcomes. If the parents reach an agreement, written copies will be given
to them, their attorneys, and a copy will be delivered to the court for review
at the next court hearing. At the hearing, the agreement may be made into a
court order by the judge.
If the parents are unable to reach an agreement, the Mediator
will notify the court that no agreement was reached. The judge will determine
whether a child custody investigation or evaluation should be ordered, or a
contested hearing should take place, in which case a judge rather than the
parents will make all decisions regarding custody and visitation
In extreme cases, where mediation has not been successful, the
Court will often appoint a psychologist to conduct a child custody evaluation
and made a report to the court. The parents may be ordered to pay for all or a
part of the expense of the investigation and report. (Family code Section 3112).
Also, the court may appoint an attorney to represent the interests of the
children, and if so, the parents may be obligated to reimburse the court for all
or a portion of the costs of appointed counsel. (Family Code Section 3153). If
the dispute between the parents poses a substantial danger to the best interest
of the children, the court may order the children and/or parents to participate
in counseling at the parents own expense. (Family Code Section 3190)
Pre-Mediation Video. Before attending mediation the parties are ordered to view a
pre-mediation video. The film is designed to help you understand the mediation
process. The video lasts approximately thirty (30) minutes. The parties can
watch the video separately. You must watch the video unless the court has
specifically ordered otherwise. Generally, the court will not exempt you from
watching the video unless it would cause undue hardship (i.e., you reside out of
state and the court has authorized telephonic mediation).
The pre-mediation video is available for viewing at the Inyo
County District Attorney's Victim-Witness offices in Independence and Bishop.
The film can also be seen at the Office of the Inyo County Family-Law
Facilitator in Bishop. You should contact any office below to schedule a time to
watch the video. The telephone numbers and addresses are shown below. You must
schedule your appointment to watch the video right away, so that it can be
completed before your scheduled appointment for mediation.
Inyo County
District Attorney's Victim-Witness Office
301 West Line Street
Bishop, CA 93514
Voice: (760) 873-6669
Inyo County
District Attorney Victim-Witness Office
168 North Edwards Street
Independence, CA 93526
Voice: (76) 878-0282
Inyo County
Family Law Facilitator
314
West Line Street, Suite H
Bishop, California 93514
Voice: (760) 872-4444
Fax: (760)
872-4448
After watching the video you will be given a form verifying the
fact that you have seen the pre-mediation video. You should show the
verification form to the mediator who conducts your mediation session. Then you
must give the verification form to your attorney for filing with the court, or
if you don't have any attorney, bring the form with you to your next court
appearance at which time you shall deliver it to the Court Clerk.
Court Approved Family Law Mediators.
(Rev. 09/08/03)
María Lourdes
Gonzalez, LMFT
Voice: (760) 937-6473
Bilingual
Janet Hambleton,
Ph.D.
P.O. Box 1015
Bishop, CA 93514
Voice: (760) 872-3613
Janet
Kennedy, LMFT
699 West Line Street, Ste. 104
Bishop,
CA 93514
Voice: (760) 873-4959
Robert Kittle,
LCSW
512 West Line Street
Bishop, CA 93514
Voice: (760) 872-9145
Sandra Medina,
J.D.
P.O. Box 1118
256 Pinecrest
Mammoth Lakes, CA 93546
Voice: (760) 934-3418
Deborah Nielsen,
MFT
136 South Main Street, Ste. 7
Bishop, CA 93514
Voice: (760) 937-5361
Voice: (760) 873-6394
Bilingual
Delores H. Odell, MFT, CADCCII
P.O. Box 128
Lone Pine, CA 93545
Voice: (760) 876-5829
Voice: (760) 937-0937
Susanne M. Rizo, ESQ
Voice: (760) 840-0420
Court Approved Mediation Forms
Mediation Hadndout & Instructions
Mediation Intake Form
Mediation Report Form
Privacy & Child Custody Mediation
Superior Court of California
court approved mediation forms are provided as Adobe Acrobat documents (.PDF).
Problems viewing forms, install or upgrade Adobe Acrobat Reader
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Guardianship
Guardianship is a court proceeding in which a judge gives someone who is not the parent:
- custody of a child, or
- the power to manage the child's property (called "estate"), or
- both.
Can I name a guardian for my children?
Yes. You can write a letter naming a guardian for your children and keep it with your important papers or write in your Will who you want to be the guardian of your children when you pass away.
But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted. But, the court will also consider what is best for your child and will ask the child what s/he wants.
Relatives, friends of the family, or other people can ask to be legal guardians.
Can a child ask the Court for a guardian?
Yes. If the child is 12 or older, he/she can ask the court to appoint a guardian.
The information in this section is about Probate Guardianships.
Probate Guardianship of the Person is set up because a child is living with an adult who is not a parent, and the adult needs the legal right to make decisions on behalf of the child.
Sometimes, no matter how much parents love their child, they aren't able to take care of their child. Maybe one or both parents:
- have a serious physical illness,
- are in the military and have to go overseas,
- have to go to a rehab program for a while,
- are going to jail for a while,
- have a drug or alcohol abuse problem,
- have a history of abuse, or
- can't take care of their child for some other reason.
The court will look at what is in the best interest of the child to make sure the child is raised in a safe, stable and loving environment. A legal guardian can care for a child when the parents aren't able to.
There are two types of Probate Guardianship:
Guardianship of the Person which means the guardian has custody of the child.
The guardian has the same responsibilities as a parent. That means the guardian has full legal and physical custody of the child. The guardian is responsible for the child's care, including the child's:
- Food, clothing and shelter
- Safety and protection
- Physical and emotional growth
- Medical and dental care
- Education and any special needs
The guardian may also be responsible for the child's behavior and any damage the child may cause.
Guardianship of the Estate is set up to manage a child's income, money, or other property until the child turns 18. A child may need a guardian of the estate if he/she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate.
In some cases the same person can be the guardian of the person and of the estate. In other cases, the court will appoint two different people.
A guardianship of the estate is not needed when:
- a child only owns inexpensive toys and clothing,
- the child receives social security benefits or TANF/CalWorks (welfare).
Is Guardianship the Same as Adoption?
No. Here are some differences:
In a Guardianship:
- Parents still have parental rights. They can have reasonable contact with the child.
- The Court can end a guardianship if the parents become able to take care of the child.
- Guardians can be supervised by the court.
In an Adoption:
- The parents' rights are permanently ended.
- The legal relationship with the adopted parents is permanent and is exactly the same as a birth family.
- An adopted child inherits from his or her adoptive parent(s), just as a birth child would.
- Adoptive families are not supervised by the court.
What if the parents agree to let me care for their child and don't want to go to court?
They can sign a notarized letter that says you have "custody" of the child. The letter should give you permission to make decisions about the child's education and medical care. It's also a good idea to get a medical release for emergencies.
Remember: The parents can cancel this agreement at any time.
What if the parents aren't available to sign an agreement with me?
If the parents are not available to sign a private agreement, you can fill out a Caregiver's Authorization Affidavit. This form usually lets you enroll the child in school and get medical care for the child.
The Caregiver's Authorization Affidavit is not an official court form. But the law says you can fill out this form if you are related to the child.
Remember: The parents can cancel this Affidavit at any time.
Click here (PDF) to get a Caregiver's Authorization Affidavit and instructions.
Can I meet all the child's needs with the Caregiver's Authorization Affidavit or a notarized letter from the parents?
Maybe not. Here's why:
- Not all schools or medical facilities accept the Caregiver's Authorization Affidavit or a notarized letter.
- The parents can cancel these forms or a letter at any time and take the child, even if it's not safe for the child.
- It may be hard for you to get medical insurance for the child unless you are the legal guardian.
When does a guardianship end?
A guardianship ends when one of these things happens:
- The child turns 18;
- The child is adopted, marries, enters the military, or gets declared an adult (emancipated) by court order;
- The court ends the guardianship;
- A different person (successor guardian) becomes the guardian; or
- The child dies before turning 18.
Who can ask the court to end a guardianship?
- The child, if 12 or older,
- The parents of the child, or
- The guardian.
Can I resign as guardian?
Yes. A guardian can resign. But first, there must be a court hearing. And, you must give notice of the hearing to all relatives who were notified of your appointment as guardian.
You must show the court that it would be in the child's best interest for you to resign. If the judge agrees, s/he will appoint a guardian to replace you.
If no replacement is available, the child will probably be made a dependent in Juvinille Court.
