If there is one thing that divorcing spouses may agree about, it is likely that both of them want as much time as they can secure with their children moving forward. Those priorities are technically at odds as they attempt to negotiate a settlement, as more time for one parent impacts the available parenting time for the other.
Couples with minor children have the option of mediating custody matters instead of taking the issue to family court. There are multiple potential benefits associated with mediating custody issues, including the three below.
1. Reduced overall conflict
Children often find the disputes between their parents during a divorce particularly stressful and traumatizing. Working together to peacefully mediate custody disputes and reduce the overall conflict levels for the family and therefore the stress the children experience.
2. Elimination of formal child preference inquiries
In a litigated custody case, a judge must hear about many aspects of the marital relationship. If the children are older, a judge may inquire about their personal preferences regarding living arrangements and the division of parenting time. The need to express those preferences can be very stressful for children, but mediation eliminates the need for children to express their preferences.
3. Enhanced control
Litigated custody cases are generally unpredictable, as judges must determine what is in the best interests of the children, which can be drastically different from one case to the next. Parents may find that mediation empowers them to take control of their family’s arrangements and craft an agreement that truly works for the family.
Parents committing to mediate custody disagreements can often ultimately be beneficial for the entire family. Working with a lawyer familiar with the unique challenges of divorce mediation can be beneficial for parents who want to retain control over the process and shield their children from as much stress and conflict as possible.