There are many elements of a divorce that can be emotional, unpredictable, and painful, especially if you’re not prepared to handle them. Mediation can help alleviate many of these potential issues, and you should consider hiring a mediation lawyer to help you facilitate your divorce. One of the most difficult elements of your divorce may be a custody dispute. You may ask: Can you mediate a custody dispute in New Jersey? An experienced lawyer can help you.
The help of a New Jersey child custody lawyer cannot be overstated during an ordeal like this. A mediation attorney can be especially useful when trying to decipher the state’s mediation laws. Child custody is one factor of a divorce that can turn it from uncontested to contested, particularly if your partner tries to use your kids to hurt you in other ways. Our legal team has decades of focused experience helping individuals like you through their custody disputes.
Can You Mediate a Custody Dispute in New Jersey?
Yes, you can mediate a custody dispute in New Jersey. In fact, child custody mediation is often a mandatory and confidential process ordered by the court. They want both parents to work out custody amongst themselves and build a parenting plan without court intervention. However, if the parents fail to do so, the court will step in and provide them with a parenting plan anyway.
During child custody mediation, a neutral third-party mediator helps both parents negotiate who will get legal and physical custody. This is a common part of a New Jersey divorce . While the marriage rate in the state is 49.3%, the divorce rate is 2.2 per 1,000 people.
It’s up to the parents to figure out schedules, decision-making, and how to handle arguments involving custody. All of these are vital elements of a parenting plan. Here are some important factors in custody mediation:
- Voluntary vs. Mandatory: In most cases, child custody mediation is mandatory since it’s ordered by the court. However, the outcome is not legally binding unless both parties agree to all final terms. When arguing over custody of your child, as well as child support and parenting time, it’s vital that you insist on certain factors while also maintaining a willingness to compromise.
- Your Child’s Welfare: In cases involving children, the court always prioritizes the child’s welfare above everything else. In custody cases, the court may have to deny you or your partner’s proposed custody arrangement or parenting plan in favor of something designed by the court that prioritizes the child over your own needs. It can be hard to stay focused during mediation, especially during a divorce. Just remember to focus on your child’s needs.
- Be Prepared: When you arrive at your child custody mediation session, you need to be prepared to have a detailed discussion about every element of your child’s life. Make sure you bring school calendars, your work schedule, and a proposal for your parenting plan. Bring any documentation that could be relevant to the conversation. Your lawyer can help you prepare for the session.
- Don’t Rush The Process: Nothing good can come of a rushed parenting plan. You have to carefully consider every element of the plan. The mediator can keep things civil and provide assistance when necessary, but it is ultimately the responsibility of you and your partner to work together for this common goal. The court will likely push for joint custody, unless you provide a better plan.
- Control Your Emotions: Negotiating custody of your child can be an emotional process, especially if you have never really been away from your child for extended periods of time. It’s understandable to be worried about your child’s adjustment to the impending new normal. Still, it’s important that you let logic run this discussion. If you act emotionally, you could end up making things worse.
Helping You Find Common Ground, The Micklin Law Group
FAQs
How Does Child Custody Mediation Work in New Jersey?
In New Jersey, child custody mediation is ordered by the court. The goal is for both parents to work together with a neutral mediator to figure out a parenting plan and resolve the dispute at hand. The details of your sessions are confidential and intended to focus on the child’s well-being above all else. The aim is to avoid litigation through compromise. Your lawyer can help you prepare for your mediation session.
What Is the Biggest Mistake You Can Make in a Custody Battle?
The biggest mistake you can make in a custody battle is focusing on getting even or getting revenge on your former partner instead of prioritizing the well-being of your child. Many people use their children as pawns in a divorce or custody battle, either consciously or unconsciously. Not only can this have a negative impact on your child, but it can also have legal repercussions. You could end up facing a parental alienation accusation, which would hurt custody.
What Shouldn’t You Say During Child Custody Mediation?
There are many things you shouldn’t say during child custody mediation. Primarily, you shouldn’t make any defamatory, accusatory, or negative statements about your child’s other parent. Avoid personal attacks at all costs, don’t make threats, and don’t criticize the court process. This process is mandatory in New Jersey for custody disputes. Focus on co-parenting, making a plan, and being there for your children.
Can You Do Custody Mediation Without a Lawyer in New Jersey?
Yes, you can do custody mediation without a lawyer in New Jersey. However, even if you decide to go through the process alone, it is still highly recommended that you hire a lawyer to review any final agreements you make during mediation. There’s nothing wrong with having a professional look through your custody agreement to make sure everything is clear and fair, and that your rights are protected.
We’ll Help You Move Forward With Strength
Hire a Mediation Lawyer Today
It’s always advisable to hire a mediation lawyer to walk you through the process and provide consistent legal help throughout, especially if you’ve never done something like this before. Being prepared is recommended. At Shore 2 Shore Mediation, LLC, we can assist you in preparing for your mediation session and make sure no one tries to take advantage of you.Contact our team today.
