Why Should I Consider Mediation when I have a child custody issue with my ex-spouse?

Anytime child custody becomes an issue with your ex-spouse, it’s always a highly emotional and stressful situation. At times, especially when you both cannot reach an agreement, litigation may be the only way to proceed legally.

However, mediation is considerably more amiable and non-adversarial in resolving your child custody issue. In mediation, a neutral third party will help you work through your child custody problems and make rational decisions on any matters, including weekend visits, holidays, vacations, etc.

A few of the benefits of mediation include;

  • This process is usually less intimidating and stressful than litigation. A lengthy court process can tax your entire family physically and emotionally.
  • Usually, you can get through mediation much more rapidly than litigation. Essentially, you can resolve your issues and move on with your lives.
  • The process of mediation commonly costs far less than any litigation.
  • When you and your ex-partner reach an agreed-upon compromise, your agreement often lasts longer than if one of you is told what to do through litigation.

Let’s say, however, that you and your ex-partner never see eye-to-eye; just because you don’t usually get along, you should never pass over considering the mediation process. You don’t have to like each other; you must commit to the mediation process and let the third-party mediator do the rest.

The mediator is trained and can usually see valuable points that you both may agree on and succeed in keeping you out of the Alabama divorce court.

Discussing the mediation process with your skilled and experienced Birmingham child custody lawyer will provide insight into whether mediation works for you. If mediation is possible, it may be the least costly, less emotional, and quicker way to solve your child custody issues.

What Type of Child Custody Issues Can Be Handled Using Meditation

In Theory, mediation can be used to solve many of your divorce issues and those revolving around child custody. However, the key component to using mediation is the ability of you and your ex-partner to agree on a compromise, no matter how slight that chance may be.

That said, there are many issues involving child custody that mediation may solve; some of the most common are;

  • All decisions concerning the overall type of custody, such as shared vs. joint, sole custody, and other matters.
  • Helping to decide which partner will be the primary custodial parent.
  • Deciding which parent has legal custody and will be authorized to make legal decisions on behalf of your child.
  • Deciding on any changes or modifications to an existing court-mandated child custody order, and much more.

Your knowledgeable and empathetic Birmingham child custody lawyer will also explain that when both parents agree, it commonly creates far less stress on your child. However, remember that your mediator is there to point out viable paths to resolve your issues but does not have the legal power to force anything on you or your ex-partner. You must both agree, and that always requires the ability to compromise.

Are There Any Possible Negatives To Mediation?

A professionally trained and experienced mediator is usually highly skilled at getting combative spouses to cooperate. You also must realize that if you both cooperate, it is usually highly beneficial to your children.  

However, in some situations, mediation may not be possible, and the only way to solve your child custody issues is through litigation.

Just a few of these situations may include;

  • The outcome of your mediation cannot be legally binding;
    • There are cases where modifications of already existing child custody orders may still need approval from the court before the alterations can be implemented.
  • If you and your ex-spouse enter mediation but cannot reach an agreement, litigation may be the only practical solution.

Every case differs, and to fully understand the pros and cons of mediation, you must consult with a long-standing and experienced Birmingham child custody lawyer to determine what is suitable for you, your family, and your unique set of circumstances.

Having the correct mindset is paramount when entering mediation. By focusing on what is best for your child (as the Alabama courts always do) and not on hurting or battling each other, you have the best chance of mediation being successful.

Is Mediation Suggested By the Alabama Divorce Courts?

Depending on your case and following your lawyer’s advice and legal guidance, the court usually looks favorably on mediation to resolve contested divorce issues.

There are reasons for this policy, such as;

  • Both you and your ex-spouse have a valid say in resolving your dispute (instead of following a court order).
  • All the costs are commonly reduced, both in and out of court.
  • It conserves the court’s resources and more.

However, only by discussing your unique set of circumstances with your Birmingham divorce lawyer can you obtain rational and legally effective answers to whether mediation or litigation is suitable for you and your family.

I Have a Child Custody Issue and Considering Mediation; What Should I Do?

If you are battling a child custody issue, creating or modifying a child custody agreement, etc., it’s always wise to consult a Birmingham child custody lawyer first. It would be best to have a child custody lawyer with a long history of experience dealing with the Alabama court system and the mediation process. This is the best way to serve your best interests and those of your family and your child.

The Rose Law Firm LLC has a history of helping Birmingham and Alabama clients deal with child custody issues in a caring and compassionate manner. They are well known for their diligence and tireless work to find the right solutions for you, your family, and your child.

Call them today for a free consultation of your case at (205) 323-1124 as they have the experts and the training to solve any child custody issue with the compassion and passion it deserves.