Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I am about start to mediation in the divorce process and my wife is insisting that the mediator is going to side with her on certain child custody and parenting time issues.

I thought mediators were not allowed to make those types of decisions and were only there to help us reach a joint agreement.

Can a mediator dictate our divorce terms? What is a mediator's role in divorce?

By Natalie Hinton

Attorney, Cordell & Cordell

In preparing for settlement negotiations of legal and physical custody issues, it is vital for you to have a clear understanding of the disputed issues in your case and the applicable legal standards.

By reviewing with your attorney the pleadings that have been filed in your case, the legal criteria underlying each party’s initial requests, and options for a proposed agreement, you will be better armed to effectively negotiate. 

Question:

We held two mediation sessions before the first court hearing. Agreements were made, rescinded, meetings set up, canceled, etc. All the while, this is costing me money. My wife has decided to try mediation again, but now I don't want to go because I feel the mediator should be held accountable. What recourse do I have for an unsuccessful mediation?

By Molly Murphy

Attorney, Cordell & Cordell

The role of mediation in resolving divorces is becoming much more common. One of the reasons it is so popular is because if successful, it can be much less costly than a contentious court battle.

Mediation is mandatory in some states. In some of these states mediation can be offered at a low- or no-cost alternative for contested parties.

Question: 

My wife and I are separated and we verbally agreed to follow the parenting plan in the mediation agreement. In the hopes of having an amicable divorce, I agreed to not have our young daughter for overnights unless I am with my parents per her demands. It was a mistake on my part.

But does she have any legal standing if I should decide that I would like to have my daughter stay with me alone overnight? Can I start this now before an official divorce decree is entered in hopes the court will follow that arrangement?