Family Mediation:
Custody/Visitation
Creating a Plan for Parenting Apart
What is Custody? Sole or Joint?
What is Visitation?
What is Child Support?
What is Child-Centered Custody/Visitation Mediation?
What Might I Decide if I Mediate?
Why Should I Mediate?
Who are the Mediators?
How Do I Start?
What Happens After Mediation?
When is Mediation not Appropriate?
How Do I Find Out More?
Creating a Plan for Parenting Apart
Focusing on custody and visitation issues can be less
stressful if you concentrate on your child. When parents take an active
part in the decision-making process, they are more likely to achieve
practical and fair solutions. Understanding the issues involved in a
parenting plan is important to resolving them.
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What is Custody? Sole or Joint?
Custody has two major components: legal custody, or who
makes important decisions regarding the child's upbringing, and physical
custody, or, where a child lives.
The parent or parents who make the decisions regarding
the children are "legal custodians." Whoever has legal custody
may make these decisions. With "joint custody" both parents
make decisions together; with "sole legal custody" one parent
makes these decisions alone.
Physical or residential custody refers to the child's
primary residence.
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What is Visitation?
Visitation is parenting time with the child. Time is
specifically set aside for the non-custodial parent, grandparent or
other family member to spend with the child.
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What is Child Support?
Child support is paid by the non-custodial parent to the
parent with whom the child resides (the "custodial" parent)
for the care of the child. A hearing examiner determines the amount of
support in conjunction with guidelines established by the Child Support
Standards Act.
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What is Child-Centered Custody/Visitation Mediation?
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A medication is a private, confidential meeting
between you and the other parent or other family member which gives
you the chance to talk about the issues which brought you to Family
Court.
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A child-centered mediation model helps you focus on
the child's needs in developing a custody or visitation agreement.
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Family Court is always an option, regardless of the
outcome in mediation.
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What Might I Decide if I Mediate?
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legal and residential custody
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parenting time or visitation
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grandparent visitation
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birthdays, holidays and vacations
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religious upbringing
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medical decisions
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how to best communicate with your child's other
parent
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future plans
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education
-
role of new spouse/significant other.
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Why Should I Mediate?
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Mediation puts your child's future in your hands,
and allows you to make the decisions which are in his/her best
interests, rather than
leaving such matters to the Court.
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Mediation is confidential and voluntary.
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Mediations are scheduled at your convenience.
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A neutral, trained mediator will assist you in coming to
your agreement.
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Mediation allows for the time you need to make
important decisions affecting your child.
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Who are the Mediators?
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Mediators are experienced individuals with specific
training in the areas of family conflict, custody and visitation.
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Mediators are neutral and will not take sides in
your disagreement.
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Mediators will assist you in:
- identifying the relevant issues
- identifying areas of agreement
- identifying areas of disagreement
- exploring possible solutions
- developing a workable future plan.
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Mediators are not counselors, therapists or lawyers.
It is not the function of the mediator to give legal advice, or
provide counseling services. You should consult with an attorney
or a counselor for guidance in those areas.
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How Do I Start?
You can request mediation through your attorney, the law
guardian, the judge or you can all Common Ground Dispute Resolution,
Inc. directly at 518-943-0523 or 518-828-0047 for an appointment.
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What Happens After Mediation?
If you arrive at an agreement, Common Ground will send a
copy of your agreement to the Court. Your child's law guardian, and your
attorney, if you have one, will also review the agreement. If you
mediate but do not reach an agreement, Common Ground will send a letter
to the Court, simply stating that a mediation was held.
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When is Mediation not Appropriate?
Mediation is not appropriate if there are allegations of
child abuse/neglect or in situations where domestic violence exists.
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How do I find out more?
For more information about Alternative Dispute
Resolution, please contact
Common Ground or the
New York State Unified Court System.
Call Common Ground at:
518.828.0047 in Columbia County
518.943.0523 in Green County
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