Determining Child Custody in Divorce Mediation
Child custody in an Arizona divorce often changes family dynamics, especially for parents with children. Divorcing parents must make crucial child custody decisions, including who will be the primary caregiver. Determining child custody can be emotionally and legally complex. For instance, some parents cannot agree on custody aspects like how much time the child will spend with each parent.
Even without disputes, creating a custody plan that prioritizes the best interests of the child and suits both parents’ schedules and needs can be challenging. However, Arizona allows divorcing parents to collaboratively make child custody decisions through out-of-court alternatives like mediation. Otherwise, the family court decides on their behalf.
Besides helping create custody arrangements that address the needs of the child, mediation allows divorcing parents to avoid the stress and expense of litigation. A skilled Arizona child custody attorney can offer guidance on child custody in divorce mediation.
Divorce Mediation and Child Custody
Mediation is an alternative dispute resolution method common in Arizona divorces. It involves a neutral third party or a mediator helping divorcing couples reach an out-of-court agreement on contentious issues like asset division and child custody. In child custody cases, mediation involves the mediator facilitating discussions between divorcing parents on issues like who is the primary caregiver and parenting time or visitation.
Like the family court, mediation in child custody prioritizes the best interest of the child. However, unlike a family court judge, the mediator does not make child custody decisions for the parents. The role of the mediator is to facilitate negotiations and discussions, including ensuring both parents are heard.
Mediators also help divorcing parents identify solutions that address family needs, including good co-parenting post-divorce. The divorcing parents must submit the custody agreement to the court for review and approval after mediation. In instances where divorcing parents cannot agree on child custody even in mediation, the case goes to court for the judge to decide for them.
Factors Influencing Child Custody in Arizona
The family court uses the “best interest of the child” standard when making child custody decisions. The standard is a combination of several factors, including:
- The child’s physical and emotional needs. In making or approving child custody agreements, the court must assess each parent’s ability to provide a stable and nurturing environment for the child. The court favors options that offer stability and continuity for the child, including one that does not involve changing schools or neighborhoods.
- Parental involvement: The court must also consider individual parent’s willingness and ability to be actively involved in the child’s life.
- Co-parenting skills. The family court requires each parent to demonstrate that they will help and not hinder the child’s relationship with the other parent. The court requires parents to set aside their differences for the sake of the child and may favor the parent who is more willing and ready to peacefully co-parent.
- Domestic violence or substance abuse: Any evidence of these issues significantly impacts child custody decisions. The court may limit parenting time or order supervised visitation for a parent with a history of domestic violence or substance abuse.
- The child’s preferences: In some cases and depending on a child’s age and maturity, the court may consider their preferences when deciding on child custody. For instance, the court may allow a teenager to live with their preferred parent.
Mediation in child custody allows divorcing parents to collaboratively address these factors and tailor custody arrangements to their unique family circumstances.
The Child Custody Mediation Process
The mediation process in a child custody case includes several steps:
- Initial meeting. The mediation process starts with an initial meeting between the parents and the mediator. The mediator discusses their role and helps the divorcing parties identify mediation goals and expectations, including potential solutions.
- Information gathering. The step involves gathering relevant information about the child’s needs and parental resources. The information may include the child’s schedule, school needs, medical needs, and individual parent’s schedules and needs.
- Negotiations. The step involves parents working together to develop custody and visitation schedules that address the child’s needs.
- Drafting a custody agreement. Once the parents have agreed on a custody plan, the mediator will draft a legally binding custody agreement. The parents will then submit the agreement to the court for review and approval.
Mediation offers several benefits over courtroom litigation. The process is less costly, reduces conflict, and is private. It also allows divorcing couples to have control over the child custody decisions. Since the process emphasizes collaboration, it can also lead to better co-parenting relationships.
Common Challenges in Custody Mediation
- Divorces are often high-conflict situations and parents can struggle to communicate or agree on child custody. Additionally, emotions like anger, resentment, or mistrust can hinder negotiations. The emotional and high-conflict situation often complicates the mediation process.
- Disagreements over parenting styles can also derail mediation. Parent’s different views on discipline, education, or religious upbringing often create friction.
- Claims of misconduct. The court must investigate allegations of neglect, abuse, or substance use to ensure the child’s safety. In some instances, the allegations may be malicious further complicating the mediation process.
A skilled mediator can assist parents navigate these challenges by helping them focus on their mediation goals, especially the child’s needs.
Contact a Tucson Child Custody Lawyer
Divorcing parents often disagree on child custody issues, including where the child will live and how to structure parenting time. A child custody mediator helps divorcing couples collaboratively make child custody decisions instead of letting a judge decide on their behalf. However, mediation is not always easy and you need a skilled mediator to help you navigate the process.
A skilled and experienced Arizona child custody attorney can act as a mediator or help connect you to a qualified and skilled mediator. If you are in Tucson, AZ, contact our skilled child custody lawyers at Liberty Audette and Associates. We will help you navigate the often complex child custody process while defending your rights. We will connect you with a skilled child custody mediator, if necessary. Contact us today for a consultation and to learn more about our services.