Working Through Custody and Parenting Time Mediations
There are many factors that parents who are going through a divorce must sort out such as parenting time, visitation, custody agreements, and maintenance payments.
When parents who are going through a divorce go to family court in regards to their children, they have an important decision. They can choose to file a child custody petition in court, or they can have their situation heard by a mediator.
There are many couples that decide to go through a mediation process to solve disputes. When couples go though mediation, they have the opportunity to come to mutual agreements about the child without having to solely rely on the court. In addition, mediation is usually less aggressive than divorce litigation, which can benefit the child as well as the parents.
Who are the best people to use as mediators? Many couples use divorce lawyers to guide them through mediation because they understand family laws in New York.
When it comes to mediation in New York, there are not strict laws set in place that state how couples how should proceed. However, there are guidelines in place that follow family laws regarding child custody and visitation. In most cases, mediation sessions are tailored to meet the specific needs of each couple and the children involved.
Child Custody and Parenting Time
There are some couples that start mediation with no idea of what they want in terms of child custody and parenting time. A divorce attorney is an ideal mediator because he or she can inform couples on the different variations of child custody and visitation and help them come to an agreement on what is best for the child.
When divorce attorneys act as mediators, they can inform parents about legal custody, joint custody, full custody, and hybrid variations of custody arrangements. There could be some instances where one parent will have the authority to make decisions based on the child’s social welfare, and the other parent will have authority making decisions about the chid’s education. There are many cases where parents agree to consult with each other before they make a final decision regarding religious, educational, health, and social welfare issues.
The primary goal of mediation for most couples going through a divorce is to find a common ground among child custody and visitation issues. When parents are able to come to a mutual agreement about these situations, the court is more than likely going to favor the outcome of mediation. However, it is important to note that the court has final say over child custody and visitation. This is another area where an attorney can be beneficial during a mediation, as they have an understanding of what family courts will typically accept in terms of visitation and child custody.
What are the Options Parents Have When it Comes to Mediation?
There are many factors that parents must address when it comes to child custody. During mediation, parents may decide what type of visitation schedule works best for the child, which may also include holidays and other special occasions including birthdays. Mediation allows both parents the opportunity to express their concerns and wants when it comes to child custody and parenting time. In the event that parents start to argue, a family law attorney may ask them to speak directly to him or her to avoid frustration and yelling.
Moreover, divorce attorneys can be helpful during a mediation because they can suggest the way a court may rule about decisions the parents make in regards to child custody and parenting time. Although the mediation process follows the guidelines of the law, a court must approve a child custody and visitation order before it is legally binding. In addition, when parents are not able to come to an agreement, an attorney can advise that the court will typically award full custody to one parent with the other parent getting parenting time. When parents are not able to come to an agreement about the best interest of their child, it is likely that the court will not issue joint legal custody. Working out a decision during mediation will let the court know parents are able to work together for the best interest of their child.
There are also cases when a mediator will meet with parents on an individual basis, which is know as caucusing. In addition, a child or other mental healthcare professional may be called upon to determine what is in the best interest of the child. Some parents can choose to move past an issue they are not able to agree on and discuss it at a later time. This may allow parents to start working together based on an issue they agree on, which will make tackling issues they disagree on easier in the future.
If you are in need of a mediator for child custody and visitation issues, it is imperative that you seek legal guidance as soon as possible. A skilled and experienced family law group, such as Spodek Law Group, can help parents work through child custody and parenting time issues. Divorce is a stressful time, and when you have children, it makes the process even more complicated. The skilled team of legal professionals at Spodek Law Group have more than 40 years of experience practicing family law and can help those in the Long Island and New York City area.