 |
You are here: Families & Children > Divorce, Legal Separation & Annulment > Get a Divorce, Legal Separation, or Annulment > Help With a Contested Case for Divorce, Legal Separation, or Annulment > Mediation for Child Custody & Visitation
Click on a topic below:
Overview
What will a mediator do?
What if I'm worried about domestic violence?
Can I bring someone to mediation with me?
Overview
Parents who divorce need to have a plan for deciding how they will handle their parenting responsibilities.
This plan can be called a parenting plan, a time-share plan, or an agreement ("stipulation") regarding child custody and visitation. Any plan must be in writing and signed by both parents and a judge.
When parents can't agree on their own who will have "custody" of the children, the judge will send you to Family Court Services to see if you can reach an agreement with the help of a court mediator. There is no charge for court mediation. Click here to learn more about court mediation. Click here to find the family court services program in your county. If you have enough money, you can hire a private mediator.
[ Top of Page ]
What will a mediator do?
The mediator will help you make a parenting plan that includes:
- Legal custody: how you and the other parent will make decisions about the children (like health care, education, and other important decisions)
- Physical custody/visitation: when the child(ren) will be with each parent
- Any special arrangements necessary to protect you and your children
If you and the other parent can't agree on everything during the mediation, the judge may ask the mediator to recommend a decision.
[ Top of Page ]
What if I'm worried about domestic violence?
- You may want to consult with an attorney to find out the best legal way for you to proceed. Click here to find someone to help you. (If you have a lawyer, you should tell him or her immediately.)
- Tell the judge about the violence or abuse (or any fear you have that this may happen).
- Tell the mediator as soon as you can. If you don't feel comfortable meeting with the abusive person, ask to meet with the mediator alone.
- If there has been a history of domestic violence, or you have a restraining order in effect against the other parent, you have a right to meet separately with the court's mediator.
- Ask your mediator about supervised visitation.
To learn more about child custody mediation when your child's other parent has been abusive, click here.
For more ideas on how to stay safe, visit the domestic violence safety planning section of the Self-Help Center.
In an abusive situation, it may help to have a restraining order. Click here to learn how a restraining order can help you.
[ Top of Page ]
Can I bring someone to mediation with me?
Yes. If you have a restraining order, you can bring a support person to mediation. If you don't have a restraining order, ask your mediator if a support person can come with you. Click here to find the family court services mediators in your county.
Contact the family law facilitator in your county for more information.
[ Top of Page ]
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
