How To Prepare For Your Family Law Mediation.
Today I want to talk about preparing for your family law mediation. Anytime a couple has a case before the family law, whether it’s for a divorce with children or for a custody matter, there is a mandatory family mediation that both parties must attend per the court rules. This is an opportunity to give the parents a chance to come together in front of a mediator, someone who is impartial, who is going to help the couples hopefully come to an agreement as to custody and as to timeshare of their children.
Many times, I prepare my clients by letting them know that the first thing that they need to do when preparing for their mediation is to always keep in mind that in the forefront, the best interest of the children is the most important thing. Also, go with a prepared schedule that you wish to disclose to the other side, your wish as to your schedule for your timeshare with the children.
It is very important for you to know that you are not going to get everything you want. You need to be prepared to compromise with the other party so that you both walk away from there with one, the best interest of the child being taken care of, and two, with an equal compromise that makes both of you happy. You’re not going to get everything you want as I said, but at the very least go in there with good faith in an attempt to settle and to come to an agreement as to that.
Also, you need to be sure that you are aware of the custody that you are asking for. There are two types of custody that you want to discuss: there is legal custody, and then there is physical custody. So be prepared to discuss both and see which one you want.
Also talk about the timeshare, like I said, What days do you want? What days is the other party asking for? How do you want to do the exchanges with the children? Do you want to exchange the children at the school, at a police station, to avoid any conflict if the parties have a conflicting relationship, who picks up the child when you do the exchanges? Is it the receiving parent or is it the parent that is dropping the child off? Those are things that you must be prepared to discuss.
Also talk about, for example, if you don’t have the child that night, do you have the right to have a conversation, a phone call, or FaceTime with the child? Put that into your agreement as well. Many times the non-custodial parent wants to talk to their child that day. So set a specific time that you will call your child. This will avoid any sort of future conflicts with the other side.
Another thing that a lot of times gets forgotten when you are dealing with an agreement as to the child’s timeshare and the custody is schooling. Decide how are you going to agree on the child’s schooling if the child is yet not in school. Is one parent allowed to make the decision as to where the child’s going to be attending school or do you both want to come to that agreement? Talk about your school breaks. Summer breaks, spring breaks, holidays. How do you want to divide those? Who wants to spend time with the child on their birthday? Do you want to divide that day? Do you want to have one parent have it one year and the other parent have it the other year?
There are many things for you to disclose, for you to talk about and for you to go into mediation prepared. What I normally like to do is give my clients a copy of their department’s example timeshare and custody schedule. That way it gives you an idea of how and what you should ask for and it allows you not to forget certain things that are just holidays. sometimes I leave out the holidays I’ve forgotten. So I like to prepare my clients with that, send that to them so they can review it and they can make their own proposed timeshare agreements.
I hope that this has helped you a little bit to understand how to prepare for your family mediation. If you want to discuss this further, please go to Vegasdivorcemeeting.com. I’ll be happy to discuss this with you.
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