Seek a Better Future GET STARTED

General Things to Know About Custody Mediation

Boyd Family Law Dec. 28, 2021

Many parents find it hard to resolve disagreements about a parenting plan for their children. This is where child custody mediation comes in because parents can seek help from an expert in resolving disagreements.

Mediators can help parents write a parenting plan to come up with a custody and visitation order after the judge signs it. In some countries, a mediator or child custody recommending counselor can provide a written recommendation to parents and the court if they can’t agree to a parenting plan.

Goals of Mediation

  • Provides help in making a parenting plan that benefits your children

  • Helps in making a parenting plan to let your children spend time with both parents

  • Helps you learn ways to deal with resentment or anger

  • Helps to resolve legal disputes

  • Provides a way for increased willingness to follow the agreement and save money, instead of a contentious court battle

Considering the Request

You have to decide whether or not you really want to get into child custody mediation with your ex. In fact, you are free to decide whether you want to participate or not unless being ordered by a judge to attend a mediation session. So if you think that mediation can help and your ex can work together in order to reach an agreement, then you should give it a try.

Respond In Writing

After making the decision to try the mediation, you have to inform your ex about that particular decision by putting it into writing. By doing this, if you are willing to mediate and later end up in court, you can let the judge see that you were willing to cooperate with your ex when asked to give mediation an approval.

However, if you don’t want to consider mediation, you can explain your reasoning in your response. Anyway, you won’t be considered uncooperative when you explain your reasoning and your reasoning is valid as to why you decline mediation.

Impact of Refusing To Participate

When the judge ordered you to participate in custody mediation, you must attend at least one session and show your willingness to make it work. If you fail to do this, you could be held in contempt by the judge.

Moreover, refusing to participate in court-ordered mediation will force the judge to assign your case. This, in turn, will end up bad for your case, unless there are no orders from the court to try mediation. Take note that one parent can’t force the other to participate in custody mediation because both parents must agree to it.

What to Expect From Mediation

You have to know that mediation sessions only work about 2-3 hours. The session starts with the mediator making introductions and explaining her or his role. The mediator will ask you and your ex to introduce yourselves and explain why you are looking for custody mediation.

The mediator will then facilitate the discussions about issues that need to be addressed. He or she will attempt to help you both reach an agreement. A formal written agreement will then be made when both parties come up with an agreement of any of the issues involved. Thus, the mediator will then help you go through this process.

The Law Office of Jon R. Boyd practices Family and Probate Law and has two offices located in Fort Worth and Fort Worth, Texas. We‘re happy to offer our services here and to the surrounding areas: Fort Worth, Frisco, Allen, McKinney, Lewisville, Denton, The Colony, Little Elm, Carrollton, Richardson, Addison, Dallas or Fort Worth