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What is the legal purpose of child custody mediation?

On Behalf of | Jun 15, 2018 | Divorce Mediation |

Many people in California would agree that it is preferable to settle child custody issues through a mutual agreement between the child’s parents, rather than having to resort to litigation that pits one parent against the other. Mediation can be beneficial to get all the parents’ concerns into the open, so they can find common ground and perhaps formulate their own agreement without the need for judicial intervention. With child custody mediation, it is important to understand the purpose of it, the standards and the rules under state law.

With mediation, the goal is to tamp down on the potential contentiousness between the parties. It can craft an agreement that the child will have contact with both parents on a regular basis and that the contact and arrangements are in the child’s best interests. It can also put a template in place so the visitation rights are organized and are in the child’s best interests.

There are uniform standards that are used when mediating a child custody case. Within the standards of practice will be: provisions for the child’s best interests and the child’s right to have contact with both parents; facilitating the transition with factors that are accounted for with the child and his or her future; negotiations to have equal power between the parents; and mediators who are trained and acquainted with standards of practice.

Having a mediator listen to both sides in a child custody case and help them to find common ground and, perhaps, come to an amicable agreement, is exceedingly beneficial for the parties. It is especially positive for the child, because his or her parents will not be in constant dispute. Parents in California may want to determine whether divorce mediation is a viable way to settle their divorce legal issues.

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John T. Chamberlin, Attorney at Law
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