Child Custody Issues During Divorce Mediation

Sometimes during the course of a divorce, which involves a child custody dispute, the parents may not be able to resolve the issue alone. When this is the case, the parties may choose to go to involve a mediator to assist in resolving the matter outside of the court. Both of the parents or guardians, and sometimes the children, will meet with the mediator in an effort to discuss the custody specifics rather than going before a judge. While the issue may be resolved using a mediator, a lawyer will still need to be involved so as to finalize the agreement.

The Child Custody Decision in Mediation

Because there are different types of child custody arrangements, it may be necessary to involve a qualified professional to assist in drafting an arrangement that is suitable to both the parents and the children. There are two main types of custody that may be arranged.

Sole custody is where one parents has the primary care of the child the majority of the time while making decisions about the child’s care and such
Joint custody occurs when both parents make decisions regarding the child’s care together. They may also share the time together as much as equally

In all custody arrangements, the most important factor is the best interest of the child. If this cannot be agreed upon before going to court, mediation may help in this matter.

Common Practices

Though sometimes the most amicable of divorces with the best interests of the child being the primary factor, situations may arise that make the agreed upon specifics difficult to stay in line with. In cases such as these, there are specific custody arrangements designed to make time with the children fair to the parents and the children. These may include:

Specific weekends for each of the parents
Alternating holidays and school breaks
Required notice for taking the children on vacations
Agreements for parents to share medical information as well as school and extracurricular information

Child’s Right

All children have the right to be in the most nurturing environment available to them. They need to be in a home in which the primary caretaker consistently has their best interests at heart, as well as one that provides them a safe environment. The courts, or mediators, may also consider the child’s preferences. The child may wish to stay with one of the parents for one reason or another. In a case such as this, a mediator will also have the opportunity to meet with the child in an effort to determine if this may need to be a consideration. If a mediator, or judge, meets with a child, it will be done in private so the child may feel comfortable enough to speak freely.

When to Retain Counsel

Some parents may feel they may be able to work out their divorce and custody specifics on their own. Many times, they still go through mediation in an effort to ensure the child’s stability. In either case, it is important to have a lawyer assist with the drafting of the final documents regarding agreed upon arrangements.

An experienced family attorney will know the laws and courts specific to your area and ensure that all parties needs have been satisfied and legally enforced. If you or someone you know is going through a divorce or discussing child custody arrangements, it is important to meet with a qualified family lawyer.

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