The Mandel Law Firm

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What is child custody or visitation mediation?

New York residents understand that divorce can take quite a toll on children. While couples can look forward to a better future once the divorce proceedings are over, children are often haunted by a sense of insecurity. Who will they stay with? Will the other parent visit me often? Who's going to pay the bills? These are some of the questions that may affect children at the time of divorce.

Disputes also take place regarding child custody. When disputes occur, mediation is a way to resolve child custody disputes. This is voluntary and confidential. The mediator is trained and experienced in coming up with a parenting plan that will work for the family. The mediator is not expected to make any decision. The decisions are made by the couple.

If there are any issues regarding child custody, mediation is one way to resolve it. Mediation allows parents to look at the decision-making process with a fresh perspective, as initiated by the mediator in the case.

If there are other concerns apart from legal issues, they can also be resolved through mediation. If a couple comes to an agreement, a new date is sent to the court. Once the judge agrees on the child custody resolutions, it has the legal sanctity of a court order.

If one party interferes with the court order, the other party may file a lawsuit claiming that the court order has been violated. The court then organizes a hearing and the judge changes the order. The judge may also impose sanctions against the party who has violated the order.

Source: NYCourts.GOV, "Custody & Visitation," Accessed on March 1, 2015

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