Child Custody Mediation in a New York Divorce
Resources:
Tips to Prepare for Child Custody Mediation
When parents are unable to settle custody and visitation arrangement on their
own, there are several non-adversarial options available. Some parents
turn to trusted advisors or decision makers outside of the legal system, to help
resolve issues. A more recent dispute settlement option, that of child
custody mediation, has become available in the private sector in all states.
In mediation, decision making remains with the parties. A mediator serves
as an impartial third party to assist parents in reaching mutually acceptable
agreements. Mediation focuses on collaborative problem-solving and the
best interests of all family members in working to resolve custody disputes.
These plans often involve agreement to modify the custody plan if it is
recognized to be beneficial based on the child's best interest and developmental
needs. Sometimes these changes are initiated by the child who wishes to
spend more time with the other parent.
While New York does not mandate mediation as a first step, court-connected
custody mediation is often available in a discretionary basis. Court
related custody mediation can results in high levels of satisfaction, even when
the agreements of participants do not always reflect the desired outcome of each
one.
Mediation may be the key to solving a dispute involving child custody or visitation. These frequently asked questions introduce you to the process.
| Child Custody Mediation in a New York
Divorce
If you and your spouse are having trouble
reaching an agreement, you should consider mediation. A mediator
specializes in helping people reach an agreement that is fair and will
last. The sessions are confidential. A mediator's role may be
limited to custody. You may also ask to cover other issues such as marital
property if you choose. Mediation is not appropriate in cases where there
is a genuine issue of physical or sexual abuse of the child or one of the
parties. It is also important to get a legal advisor for this process. The
mediator's role is not to take sides, but to bring the two sides together.
Additionally, if the mediator is not an attorney, he/she may be unaware of
some specific legal issues.
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