Would you ask a stranger you only knew for a few minutes to decide who should have custody of your children or how often you should see them or what holidays you should have with them? If you are involved in a custody dispute, and your answer to this is “no” (and it should be) then you will want to attend family court mediation.
Mediation has become more and more popular as a way to resolve divorce cases. When your divorce case involves child custody, mediation is mandatory. Absent a compelling reason, most family court judges will order the parties in a custody dispute to attend mediation so the parties can resolve their differences rather than leaving it to a judge.
You may be asking “if I’m in court, why cant the judge just make a decision about child custody?” Remember our first question – do you really want a stranger, the judge, making decisions about your kids? You know your children. You know what is in their best interests. You know what visitation schedule will work and what holidays are important. If you leave these decisions to a judge, you are asking a stranger to tell you and your spouse how to raise your kids.
Judges order mediation because they assume, as the parents, you and your spouse are capable of reaching agreements on custody, visitation, holiday schedules, vacation, communication, transportation and other custody issues without the court intervening. It is only when you and your spouse have tried to resolve these issues and can’t that the judge will get involved.
We have put together this article on family mediation to offer some basic guidelines about the mediation process in child custody cases.
Everything that occurs during mediation is fully confidential. The mediator will not tell the judge that your spouse was unreasonable or that you wanted every other week but your spouse only wanted you to have visitation on Tuesdays. Because of this confidentiality, the mediator may not be brought into court. Also, you cannot use any proposals made in mediation as evidence against your spouse in Court. The fact that mediation is confidential should allow you and your spouse the opportunity to discuss openly and honestly a custodial arrangement that will work for your children without the fear it will be used against you in Court.
The mediator does not represent either party and will not take sides on any particular issue. The mediator is there to make sure the process is fair and that both parties are heard. A good mediator will be able to take the information you provide and offer suggestions or alternatives in an effort to get an agreement that works for everyone. Both parties should feel comfortable with any agreement reached.
Honesty and Truthfulness
Mediation only works if both parties are honest and truthful about the case. If you are only asking for primary custody because you want the other side to pay child support, mediation will not work for you. It is unlikely the other side will agree and chances are you are not being honest about the other parties’ parenting and relationship with your children. If a mediator believes that you are not being honest, the mediator may decide to terminate the mediation.
Typically the mediator will try to ensure that both parents have frequent and continuing regular contact with their children. The mediator will also want to maintain a positive environment for the children in which both parents are flexible and foster a relationship with the other parent. It is important that both parents are respectful of the other and that they never make negative remarks about the other parent.
Commitment to Success
In order for mediation to succeed, spouses must be committed to working towards an out-of-court resolution. The parties must cooperate and focus on reaching resolution rather than personally attacking each other. The parties must be respectful, listen to each other, and not interrupt one another.
Here are some other valuable resources available on your website that readers should be reminded of:
Do You Have Child Custody Questions?: Find answers to commonly asked questions related to child custody. This resource covers topics such as custody laws, decision-making authority, visitation rights, and more.
Tips For Modifying Nevada Child Support: Discover helpful tips and guidelines for modifying child support in Nevada. Understand the circumstances under which a modification may be necessary and the steps involved in the process.
Nevada Child Support: Gain an understanding of Nevada’s child support laws and guidelines. Learn about the factors considered when determining child support payments, how to calculate support amounts, and the obligations of parents.
Do I Still Have to Pay Child Support If I Have Joint Custody?: Get clarity on the relationship between joint custody and child support obligations. This resource explores how child support is calculated when parents share joint custody and the factors that may affect payment obligations.
5 Things Fathers Should Know About Child Custody: Discover essential information for fathers navigating child custody matters. Learn about your rights, legal considerations, and strategies to strengthen your case in child custody disputes.
Unmarried Parents? Win Your Custody Battle Now!: This resource provides valuable insights and strategies for unmarried parents seeking to establish custody rights. Learn about legal processes, parental rights, and how to present a compelling case to secure custody.
Avoid These Mistakes to Keep Custody: Learn about common mistakes that could potentially jeopardize your custody rights. This resource offers guidance on avoiding these pitfalls and maintaining a strong position in your custody case.
Grandparents Rights in Nevada: Understand the rights of grandparents in Nevada and the circumstances under which they may seek visitation or custody. This resource provides an overview of the legal framework and considerations related to grandparent rights.
103 Things Mothers Should Know About Child Custody in Nevada: A comprehensive guide specifically tailored to mothers involved in child custody disputes. This resource covers a wide range of topics, including legal rights, court processes, evidence gathering, and parenting plans.
What are the 5 Types of Custody?: Explore the different types of custody arrangements recognized in Nevada. Learn about physical custody, legal custody, joint custody, sole custody, and the factors considered when determining the most suitable arrangement for children.
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The Rosenblum Allen Law Firm is the best choice for reliable, trustworthy care. With over 25 years of combined experience in family law, we are experts who will work tirelessly to make sure your needs are met and everything goes smoothly.
If you need help with divorce papers or child custody issues, don’t hesitate to call us today at (702) 433-2889.
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