Mediation and Child Custody Disputes
Divorce cases come with several complexities and intricacies as there are so many aspects involved, ranging from spousal maintenance to property division. It does not come off as a surprise that the most heated matter which gives rise to dispute is child custody. Of course, the stakes are extremely high and things can escalate real quick due to high emotions attached to this issue. Therefore, it can be highly beneficial to procure services of an experienced divorce lawyer to remedy the situation.
Can Mediation Help in Child Custody?
There are many instances where the prospect of reaching an agreement becomes improbable. Here, mediation can be an effective choice which can help spouses to reach a consensus. In a mediation process, there is a neutral third party, known as a mediator, who helps to bring the parties together.
An unbiased external influence can be extremely beneficial and may potentially lead to positive results. A mediator may help spouses to understand if they are being unreasonable. The fact that mediator has no stake in the outcome of the result, their advice is more convincing and credible for spouses. Therefore, it resonates in such a way that it makes even the most unreasonable of parties to come to a mutual agreement.
However, in most cases, especially those where the marriage did not end in good terms or one spouse is abusive or aggressive, mediation may not be an effective solution. In such cases, the court may determine custody of the child by considering their best interests. Some factors that may be considered by the court while making a decision include:
• The physical and mental health of all parties involved
• The wishes of the parent(s)
• The wishes of the child
• The relationship of the child with their parent(s)
• The child’s adjustment to their home, school, and community
Having legal representation from a skillful divorce lawyer can be extremely critical for the success of the claim. Therefore, if you are fighting a custody battle, it is important that you hire an attorney to represent you in court. They will be able to devise a strong case in your favor and ensure that your legal rights remain protected throughout the litigation.
It is important to consider that mediation may be a good option to resolve a child custody issue, however, this route proves to be an impractical choice in many cases. Therefore, it should not be considered as a substitute for a litigation process. Even most mediators advise their clients to consult a divorce lawyer to work on their issues and understand the custodial agreement and other marital settlement terms to avoid ambiguity or future disputes.
If you wish to learn more about child custody disputes or want to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-241-1299 to speak with an experienced divorce lawyer.