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What Happens After Mediation for Child Custody?

Next Page Mediation  July 23, 2024

Facing child custody disputes can be draining, and the process of litigation often compounds the difficulty of the process—for both parents and children. Mediation offers a way for parents to work together to create a custody arrangement that is best for their child, without the stress and expense of going to court. 

For parents dealing with child custody disputes, Next Page Mediation offers an alternative path forward. With a focus on facilitating amicable agreements, my firm aims to provide guidance and support for both parents to contribute to a positive outcome for the benefit of their children.

I understand the legal and emotional nuances of custody issues and strive to create customized solutions that prioritize the child's well-being while reducing conflict and fostering cooperation between parents. Located in Cleveland, Ohio, I serve clients throughout Northeast Ohio including Akron, Canton, Shaker Heights, Wooster, Youngstown, and Mansfield, as well as Washington State and Seattle.

In this blog post, I'll explain the next steps after mediation, including how to enforce and modify agreements, and why mediation can be a game-changer for your family. 

Using Mediation to Resolve Child Custody Disputes

Mediation is becoming a popular choice for resolving child custody disputes. It involves a neutral mediator who helps both parents come to an agreement that works for all the parties involved.

Unlike litigation, where a judge makes the final decision, mediation allows parents to have a say in the outcome. This collaborative approach not only saves time and money but also fosters a more amicable relationship between parents. 

Benefits of Choosing Mediation Over Litigation

  • Cost-effective: Mediation is generally less expensive than going through a lengthy court process. 

  • Time-saving: It can be quicker than waiting for a court date and going through multiple hearings. 

  • Confidential: Discussions during mediation remain private and not part of the public record, unlike litigation. 

  • Less stressful: The process is less adversarial, reducing emotional stress on both parents and children. 

  • Control: Parents maintain more control over the final agreement rather than having a judge decide. 

  • Improved communication: Mediation helps foster better communication between parents, which can benefit their ongoing relationship and co-parenting efforts. 

What Happens After Mediation?

Understanding the next steps after mediation can help set expectations and allow you to approach the process more informed and prepared. Here’s a comprehensive guide on what happens after mediation for child custody issues. 

Draft an Agreement

After successful mediation, the mediator will draft a detailed parenting plan or custody agreement. This document typically includes: 

  • Custody arrangements: Specifies whether custody is joint or sole, and details each parent's responsibilities 

  • Visitation schedule: Outlines when the child will spend time with each parent, including regular schedules, holidays, and vacations 

  • Decision-making authority: Clarifies how decisions regarding the child’s education, healthcare, and extracurricular activities will be made 

  • Financial responsibilities: Addresses child support obligations, including the amount and payment schedule 

Review and Sign the Agreement

Both parents should thoroughly review the drafted agreement. It’s often advisable to consult with an experienced divorce mediation attorney to make sure the agreement serves the best interests of both the child and the parents. Once satisfied, both parties sign the agreement, indicating their acceptance of the terms. 

Submit the Agreement to the Court 

The signed agreement must be submitted to the family court for approval. This submission transforms the agreement into a legally binding court order. Here’s what happens during this phase: 

  • Court review: The judge reviews the agreement to ensure it aligns with the state’s child custody laws and that it serves the best interests of the child. 

  • Approval: If the judge finds the agreement fair and reasonable, it will be approved and entered as a court order. 

  • Modification requests: If there are any issues or modifications required, the judge may request further clarification or adjustments before approval. 

Enforce the Agreement 

Once the agreement is approved by the court, it becomes legally binding. This means both parents are obligated to adhere to its terms. If either party fails to comply, the other parent can seek enforcement through the court. Common enforcement actions include: 

  • Contempt of court: Filing a motion for contempt if one parent consistently violates the agreement 

  • Modification requests: Seeking a modification of the agreement if there are significant changes in circumstances (e.g., relocation, changes in employment, or the child's needs) 

Potential Modifications 

Life circumstances can change, which can necessitate alterations to the custody agreement. In Ohio, modifications can be requested based on substantial changes in circumstances affecting the child's well-being. Both parents must agree to the modifications, or a judge will decide based on the child's best interests. 

Co-Parenting and Communication 

Effective co-parenting and communication are necessary for the success of the custody arrangement. Here are some strategies to consider: 

  • Use technology: Utilize co-parenting apps to manage schedules, track expenses, and communicate effectively. 

  • Stay child-focused: Always prioritize the child's needs and well-being in all interactions and decisions. 

  • Regular check-ins: Periodically review the agreement and co-parenting practices to ensure they remain effective and suitable. 

The post-mediation phase requires careful attention to detail and a commitment to the agreed-upon terms. By understanding the steps involved and adhering to the state’s legal requirements, parents can create a smooth transition and foster a stable, supportive environment for their children.

Child Custody Dispute Mediation FAQ

What issues can be addressed in mediation? 

Mediation can address a variety of issues related to child custody, including: 

  • Custody arrangements: Deciding whether custody will be joint or sole 

  • Visitation schedules: Establishing when and how each parent will spend time with the child 

  • Holiday and vacation plans: Determining how holidays and vacations will be shared 

  • Child support: Discussing financial responsibilities and contributions 

  • Decision-making: Outlining how decisions about the child's education, health care, and other important matters will be made 

What happens if mediation fails? 

If mediation does not result in an agreement, the case will proceed to court where a judge will make the final decisions regarding child custody and visitation. In both Ohio and Washington, the court considers the child's best interests when making such determinations. 

Who can attend the mediation sessions? 

Typically, only the parents and the mediator are present during mediation sessions. However, in some cases, attorneys or other support persons may attend if both parties agree and the mediator permits it. 

How can I prepare for mediation? 

  • Gather information: Collect relevant documents such as school records, medical records, and financial statements. 

  • Think about your goals: Consider what you want to achieve in terms of custody and visitation. 

  • Be open to compromise: Mediation requires flexibility and a willingness to find mutually acceptable solutions. 

  • Consult an attorney: An attorney can provide legal advice and help you understand your rights and options. 

Are there any costs associated with mediation?

The cost of mediation can vary. In Ohio, costs depend on whether the mediator is court-appointed or privately hired. In Washington, there may be court-provided mediation services that are free or low-cost for qualifying families. Always check with your local court for specific information about available resources and costs. 

Understanding these key aspects can help you approach the process with confidence and work towards a resolution that benefits all parties involved, especially the children. 

Reach Out for Child Custody Mediation in Cleveland, Ohio or Washington State

Mediation offers a less stressful, cost-effective, and private way to resolve child custody disputes. By fostering cooperation and mutual respect, it helps parents transition from partners to co-parents more amicably. 

If you're facing a child custody case in Cleveland or Northeast Ohio, as well as Seattle or anywhere in Washington State, consider using Next Page Mediation. Our family-focused mediation services can help you create a sustainable and fair custody arrangement.

Contact us today to learn more about how we can assist you in this challenging time. Together, we can make the best decisions for your child's future.