Child custody cases can be emotionally charged and complex, often involving difficult decisions about the welfare of children. In New York, mediation is a popular alternative to litigation in child custody cases. Mediation is a process in which a neutral third party helps disputing parties reach a mutually acceptable agreement. Mediation is an effective way to resolve child custody disputes because it allows parents to work together to create a parenting plan that is in the best interests of their children.
In New York, the court may order mediation in a child custody case, or parents may choose to mediate voluntarily. Mediation is available in both contested and uncontested custody cases. In uncontested cases,
parents can use mediation to create a parenting plan that addresses custody, visitation, and child support. In contested cases, mediation can be used to resolve specific issues, such as visitation schedules or transportation arrangements.
The mediator is a neutral third party who does not take sides in the dispute. The mediator’s role is to facilitate communication between the parties and help them identify and address their concerns. The mediator may also offer suggestions for possible solutions to the dispute. However, it is ultimately up to the parties to come up with a parenting plan that meets their needs and the needs of their children.
Mediation can be less adversarial than traditional litigation, which can reduce the stress and anxiety associated with a child custody case. Mediation is also generally less expensive than going to court, which can be especially important for families who are struggling financially. In addition, mediation can be a faster process than litigation, allowing families to move forward more quickly.
One of the key benefits of mediation in child custody cases is that it allows parents to maintain control over the decision-making process. When parents go to court, a judge makes the final decision about custody, visitation, and child support. In mediation, parents work together to create a parenting plan that is tailored to their family’s specific needs. This can be particularly important in cases where parents have unique circumstances, such as a child with special needs.
It is important to note that mediation may not be appropriate in all child custody cases. In cases where there is a history of domestic violence or abuse, mediation may not be safe or appropriate. In these cases, it may be necessary to seek a court order for supervised visitation or other protective measures.
It is important for parents to understand that a mediated parenting plan is not legally binding until it is approved by a judge. Once the parenting plan is approved by the court, it becomes a legally binding agreement that both parents must follow. This means that if one parent violates the terms of the parenting plan, the other parent can seek enforcement through the court.
If you are considering mediation in a child custody case, it is important to choose a mediator who is experienced in family law and child custody issues. The mediator should also be familiar with the laws and procedures in New York. You can find a list of mediators through the New York State Unified Court System website or by contacting a local family law attorney.
At Jean M. Mahserjian, Esq., P.C., we understand how emotional and stressful child custody disputes can be for parents and their children. That is why we offer mediation services to parents who are seeking a collaborative and cooperative process to resolve their child custody disputes.
As experienced mediators, we work with parents to create a parenting plan that is tailored to their unique needs and the needs of their children. We are trained in conflict resolution and have a deep understanding of the laws and procedures related to child custody in New York.
We offer both voluntary and court-ordered mediation services in child custody cases. Our goal is to help parents reach a mutually acceptable agreement that is in the best interests of their children. Throughout the mediation process, we provide legal guidance to parents, helping them understand their rights and obligations under New York law.
If mediation is not successful, we have extensive experience in litigating child custody cases in New York courts. We are committed to protecting the rights of our clients and ensuring the best interests of their children are met.
At Jean M. Mahserjian, Esq., P.C., we are dedicated to helping parents in New York navigate the complex process of child custody disputes through mediation or litigation. Our experienced attorneys and mediators are committed to helping parents reach a fair and satisfactory resolution for their families.
