Child Visitation Mediation

There is scarcely a more contentious topic in a divorce than child visitation. In the state of Texas, child visitation is a right of the non-custodial spouse. While the non-custodial spouse does not reside with his or her children, he or she remains a parent and has a right to see them. Visitation tends to be according to basic guidelines but it is possible to negotiate different terms. Mediation is a highly effective means to creating a visiting schedule that gives the child or children an appropriate amount of time with the non-custodial parent.

Choosing the Custodial Parent

In the early stages of a divorce, it might not be apparent who the custodial parent is going to be. Both parents may be insistent on custody. In such cases, it is most likely that custody will be given to the parent that filled the role of primary caregiver prior to the divorce. There is no gender bias in custody decisions. In some circumstances, children will be asked to voice their opinions as well. It is in the interests of the children that a custody decision is made early. Once a custody agreement has been reached, the divorce can proceed and a visitation schedule can be considered.

Mediation for Child Custody

Some discussion is needed for deciding visitation schedules. Mediation can facilitate that discussion. While visitation is principally about maintaining contact between children and their non-custodial parent, it can actually achieve a great deal more. If working schedules do not clash, visitation can be a means for both parents to maintain employment. Beyond that, visitation gives the custodial parent a regular break while allowing the non-custodial parent a chance to spend time with his or her children. Mediation is the perfect forum for divorcing spouses to discuss issues relating to visitation and to come up with a suitable agreement.

Mediation for Visitation Rights

The mediation process relating to visitation is much like that of any other aspect of the divorce. The two soon to be divorced spouses will usually sit in a room with their respective attorneys and a neutral mediator. It is the goal of the mediator to facilitate discussion between the two. The mediator will do this by guiding the discussion in order to cover the aspects of child visitation that need to be discussed. Mediation that places both spouses in the same room is not always appropriate. It is inappropriate in cases that involve spousal or child abuse and it may be inappropriate if tensions run too high. In such situations, it is likely that spouses will be in separate rooms with the mediator passing from room to room, relaying information.

Choosing a Mediator

As with any type of mediation, it is important to choose the right mediator for the job. Divorce mediation is a remarkably specialized skill. The best mediators will remain completely neutral, be unafraid to tackle difficult topics and have no agenda. The goal of the mediator should be a swift and fair result. A great source of information relating to mediators is often your family law attorney. A family law attorney is likely to be very familiar with child visitation mediation and will have worked with different mediators over time.

Visitation Decisions

In most cases, visitation decisions are rather simple. Where there is spousal or child abuse involved, however, child visitation decisions become somewhat more complicated. In such situations, unsupervised visitation may not be appropriate and the non-custodial parent may only be granted limited access. Depending on the extent of the abuse, they may not be granted any access at all. While parents do have rights, visitation is unlikely to be approved if it places the child or children at risk of violence or other types of abuse. The mediation process can help the non-custodial parent be heard but there is an extreme likelihood that their visitation rights will be significantly curtailed.

When Mediation is Required

Mediation may be required if the custodial spouse plans to move to a location that is not easily accessible by the non-custodial spouse. The non-custodial spouse has a right to visitation and this sometimes means some compromises on the part of the custodial spouse. If the custodial spouse intends to move interstate or internationally, they will need to provide reasons for their move. If the move is approved and the custodial parent retains custody then they will need to make suitable arrangements for the non-custodial parent to access the children. This might be by scheduling visits and setting aside money for airfares. It can also be by scheduling telephone time and as is increasingly the case, internet time. Mediation is a good forum for both parents to discuss the impact of moving and to ensure that the non-custodial parent still has access to the child or children.

There is a non-tangible benefit to the mediation process especially if it leads both parents to discuss visitation rationally. Having children demands that both parents maintain some contact after the divorce. Even contact as limited as a phone call can be difficult if contact is not reestablished prior to the finalization of the divorce. Mediation relating to visitation procedures lays the groundwork for actual visitation in this way.

Choosing a Skilled Child Custody Mediator

Making arrangements relating to child visitation can be difficult and extremely stressful but the process is undoubtedly aided by working with a skilled mediator. A mediator can help to create a visitation schedule that is suitable for both parents. Child visitation mediation has proven itself to be effective in resolving the visitation process swiftly. Faster decisions have significant advantages. With faster decisions the divorce will be concluded more quickly and is likely to cost less in legal fees. If you are considering child custody mediation, discuss it with your family law attorney.

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