3 Questions About Custodial Mediation During A Divorce

One legal proceeding that takes a lot of care to find a balanced agreement is a custodial proceeding. Your attorney will do their best to promote open communication with your former spouse about how to best divide child custody, and to keep things peaceful for any children that are involved. It is common to go through custodial mediation when getting divorced with children, which may cause you to have some questions before it begins.

What Is A Custodial Mediation Meeting?

The custodial mediation meeting takes place prior to your case going to court. Your goal will be to come to an amicable agreement with your former spouse about child custody division without getting a judge involved. Many parents prefer going through custodial mediation because they feel like the decision is still in their hands. Ultimately, the custodial situation is one that both parents agree to, and it leads to less animosity between parents because it was not a situation they were forced into.

During mediation, each party will have their attorney assist with asking questions while a mediator helps guide the conversation.

Do The Children Need To Be At A Custodial Mediation Meeting?

Children are typically left out from attending these meetings. This is because parents can have disagreements about how the child's custody will be arranged, and they do not want to have them in front of the child.

In some situations, the child can attend so they can give their opinion. This is more likely to happen with an older child rather than a younger child. If a child is brought into mediation, it will only be temporarily so that they can make their statement.

What If An Agreement Cannot Be Reached?

If you try custodial mediation and are not successful, your remaining option will be to have the decision made by the court. You and your former spouse will make your arguments to a judge, and they will make their decision about custody arrangements. The judge's decision will be final, and while you can appeal the decision, there is no guarantee that it will be overturned.

When it comes to the custodial arrangement of a child, it is always best to use custodial mediation to make a joint decision instead of leaving it to a judge. If you're about to enter custodial mediation, you definitely will want to work with a lawyer that can fight on your behalf. It will give you the best chance of getting the custodial arrangement that you desire. If you have any questions, consider contacting a local divorce attorney, like Burgess, Harrell, Mancuso, Colton, La Porta & Shea, to discuss your concerns.