Going through a divorce can be an extremely emotional time, especially when children are involved. As parents, your main priority is likely to do everything possible to make this easy for your little ones. You may find that a heated custody battle can negatively impact your children. As such, many parents opt for child custody mediation to work out a schedule. If you and your spouse are going through a divorce and have children, consulting with a Somerset County child custody attorney is critical, even if you opt for mediation. The following blog explores how this process works and why an attorney is necessary.
What Is Child Custody Mediation in Somerset County?
Child custody mediation in New Jersey is a process that allows parents to resolve issues related to custody and parenting time outside of a courtroom. During mediation, the parents will meet with a neutral mediator whose primary objective is to guide conversations so the parents can create a plan that works best for their family. If an agreement is reached, it can be formally documented and submitted to the court as part of the divorce decree.
When a Bridgewater, Hillsborough, or Branchburg couple wants to avoid a court battle but cannot come to an agreement on their own, they may opt for mediation. Essentially, this occurs when the parties meet with a neutral third-party entity. This person, the mediator, will facilitate a conversation between the couple to help them work out their differences and compromise.
It is essential to note that the mediator will not take sides in the matter, nor will they offer legal advice to either parent. Their role is to help the parents communicate effectively and work towards a mutually agreeable resolution.
Topics Generally Discussed During Custody Mediation
- Legal custody decisions regarding matters like healthcare, education, and other major life choices
- Physical custody and where the child will primarily reside
- Communication expectations between the parents
- Transportation for child exchanges
- Parenting time schedules, including holidays, vacations, and weekends
- Guidelines for any future disagreements that should arise regarding parenting
What Happens During a Child Custody Mediation Session?
During mediation, the parents will meet with the mediator to explain their goals, desired outcomes, and the needs of their children. While the mediator is responsible for guiding the discussion to help parents focus on finding a solution rather than conflict, the parents must be willing to communicate and express their thoughts.
Typical Steps in a Child Custody Mediation Process
- Both parents meet with a trained mediator in a neutral location
- Each parent will have the opportunity to explain their thoughts and priorities
- The mediator will identify areas of common ground and disagreements
- The parents will work together to establish an effective parenting plan
- If the parents reach an agreement, the mediator will prepare a written plan
- The agreement can be submitted to the court for approval
In New Jersey, mediation is strongly encouraged by the courts as it allows the parents to resolve these matters outside of court.
Why Do Many NJ Parents Choose Mediation Instead of Court?
One of the primary reasons that parents in Somerset County and across New Jersey opt to mediate matters like child custody is that it can reduce conflict while increasing the control parents have over important decisions. Instead of having a judge determine the outcome, mediation allows the parents to collaborate to create a schedule that reflects the best interests of their family.
Aside from the benefit of avoiding court, you’ll find that mediation is a much more private matter, as this is confidential. As such, many couples enjoy the fact that this isn’t public record until the final agreement is reached.
Benefits of Child Custody Mediation for Families
- Mediation allows parents to take an active role in creating the arrangement
- Sessions take place in private rather than a public courtroom
- The process is less adversarial and emotionally stressful
- Parents have more flexibility to schedule sessions rather than rely on the court’s schedule
- Open communication can help encourage a cooperative co-parenting arrangement
- Agreements reached mutually may be more sustainable in the long run
When Mediation May Not Be Appropriate
Though mediation has a number of benefits, it may not be the right or most appropriate option for every child custody dispute. Unfortunately, certain circumstances may make it difficult for parents to negotiate fairly.
Situations Where Mediation May Be Less Effective
- Cases involving domestic violence or abuse
- Situations where there is a considerable power imbalance between the spouses
- When one parent refuses to cooperate
- When communication between parents has completely collapsed
- When a child’s safety may be at risk
If I’m Doing Mediation, Do I Need a Lawyer?
Even though you and your spouse want to work together to determine how you will handle child custody matters, it’s essential to understand that you should still enlist the help of an attorney. As this is a complex matter and one regarding your children, you should ensure that you have someone well-versed to represent you during these times.
Your attorney will help ensure the agreement is legally binding and fairly represents your best interests before you sign any legally binding documents. Additionally, you can find that your lawyer can offer legal advice surrounding your child custody arrangement.
Ways a Child Custody Attorney Can Help During Mediation
- Explaining how New Jersey custody laws apply to your circumstances
- Reviewing proposed custody agreements before they are finalized
- Ensuring your rights are protected under the parenting plan
- Confirming the plan reflects the best interests of your child
- Preparing the arrangement so it may be submitted to and approved by the court
- Assisting in dispute resolution if mediation does not lead to a resolution
Contact a Somerset County Child Custody Attorney Today
At the Siragusa Law Firm, we understand how overwhelming a divorce can be, especially when handling custody matters. That’s why letting an experienced attorney help you through these matters, even if you opt for mediation, is crucial. After all, your children are on the line! The dedicated team at our firm can assist you through these troubling times to help your family achieve the best possible outcome while ensuring that the terms of your mediation are fair. Contact us today to learn how we can assist you.