Mediation in Custody Battles
The battle over custody of minor children is often the most emotionally charged aspect of a divorce case. Parents might have wildly different opinions about how much time each person should have with their children, and what the breakdown of responsibility should ultimately look like. While parents might have played certain roles during the in-tact marriage, they might find themselves needing to take different positions once they start living in separate homes.
The problem with custody battles is that they are stressful for everyone involved, including the children, and are often extremely expensive. One way that the courts have attempted to avoid lengthy, traumatic, and costly custody battles is by having parents attend mediation, where an unbiased third-party can help them work through some of their issues, and potentially develop a parenting plan that everyone can accept.
When do divorcing spouses get sent to mediators?
When parents are divorcing, the court will want to know whether they have a parenting plan. If they cannot agree, they will typically be required to go through mediation. The mediation process relieves a judge from having to make a decision about a couple’s children. When this works it is the best scenario because the couple clearly has more information about what is best for their kids than the judge would.
Who are the mediators?
Mediators are individuals who understand the court system, typically have graduate-level education, and often have experience in counseling. The mediator will be there to listen to both parents’ concerns and to help offer suggestions for parenting issues that the parties are having difficulties agreeing on. Mediators should be neutral.
Can the mediator make a binding decision?
Mediators are not judges, and they cannot make a custody determination. In some places, a mediator will report their opinion to the judge, but in other places, the mediator will not be able to report back to the court in any way. It is often the case that the court will only know whether or not the mediation was successful, and have no other information about what was said during the course of the mediation process.
Mediators will have to report to the court, or to child protective services if they suspect child abuse or have a fear that the physical safety of the children is at risk.
What happens if we do reach an agreement?
If an agreement is reached, the mediator will draft a written document detailing the parenting plan, and both parents will sign. The agreement then goes to the judge, and the judge will sign the agreement, turning it into a binding order.
What if we cannot agree in mediation?
If mediation is unsuccessful, the judge will have to make a decision. This could happen in the course of a hearing, but might not be completed until a judge has ordered a child custody evaluation in order to gain some more information about what would be in the best interests of the children.
If you are facing a custody battle, you understand how difficult these decisions can be. Finding an attorney to represent you and to help guide you through the custody process can aid you in making better decisions, and give you a valuable resource for advice and information. Our attorneys know what is at stake in a custody battle, and are ready to advocate on your behalf. Contact Milligan, Beswick, Levine & Knox LLP today at 909-798-3300 for a consultation.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.