Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My soon-to-be ex and I have gone through mediation and are close to finalizing our divorce settlement agreement, but I have a question concerning legal strategies I might pursue.

My ex is mentally and emotionally unstable, and sometimes I fear for our son when in her care because she does not make rational decisions when she is angry.

I would like to add an amendment to the parenting plan giving me full control of decisions regarding our child's well-being.

Should I try to get her to sign the agreement we already discussed with the mediator and then try to add the amendment after the fact or should I fight for this amendment to be added now but risk her not agreeing and changing the whole settlement agreement?

By Daniel L. Lambert

Mens Divorce Attorney, Cordell & Cordell

Typically in a divorce and child custody case where the parties cannot agree to a parenting time schedule or to child custody agreements, then the parties are sent to mediation.

The mediator does not represent either party and cannot provide legal advice on divorce. The mediator may provide an explanation of the legal system and the law, but is prohibited from providing actual legal advice.

The assigned mediator may or may not be an attorney. The mediator is appointed by the court to help the parties reach a mutual agreement on placement and custody.

It is important to understand that different mediators use different tactics to encourage the parties to reach an agreement.

Question:

We are attempting to work through child custody agreements in mediation, but my wife will not give me more than every other weekend and some summer vacation time.

I want to have more parenting time with my daughter, but I'm not sure what to do if my wife won't give it to me.

What should I do to get extra visitation?

Question:

I have filed an amendment to our child custody agreement that both my wife and I agreed to in mediation.

We both signed all the paperwork and had it notarized. We are awaiting the judge's approval, but my wife has started to indicate that she might fight the parenting time agreement we reached since she is having second thoughts.

Is this child custody agreement we signed binding since it was a mediated settlement?

By Jennifer Paine

Attorney, Cordell & Cordell

If you're facing divorce, then you've probably done your research on mediation and think it will be a reasonable alternative to a domestic relations trial.

In your search for information on mediation, you must likely came across these three common mediation myths:

1. Mediation is mandatory.

2. Mediation is usually expensive.

3. Mediation is just deal-making.

Previous articles have addressed the first two myths that mediation is mandatory and mediation is usually expensive.

This article will focus on Mediation Myth #3: It's Just Deal-Making.