§ 3173 Custody Mediation Petition Process

Family Code·California

AI SummaryVerified

This law lets parents or guardians ask a judge to help solve arguments about who a child lives with or visits, using a mediator instead of going straight to court.

Key Takeaways

•Only works if there’s already a court order about custody or visits
•You have to ask a judge first—they decide if mediation is allowed
•Mediation must start within 60 days of asking
•This is for fixing problems, not making a first-time plan

Example

After a divorce, a mom and dad keep fighting about weekend visits with their kid.

Either parent can ask a judge to send them to mediation to work out a new schedule instead of having a big court fight.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 3173 Custody Mediation Petition Process

(a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both. (b) The mediation of a dispute concerning an existing order shall be set not later than 60 days after the filing of the petition. (Amended by Stats. 2012, Ch. 470, Sec. 19. (AB 1529) Effective January 1, 2013.)

Last verified: January 9, 2026

Key Terms

mediation custody visitation existing order petition presiding judge superior court

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 3173.

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Key Takeaways

Example

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Related Statutes

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