Preparing For The Child Custody Mediation Process - PowerPoint PPT Presentation

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Preparing For The Child Custody Mediation Process

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The child custody mediation process essentially involves both parents and a third party, who helps both parents come to a working agreement to effectively parent their child or children in separate households. Before either parent searches for a solution to resolve to decide who gets what custody, it is important to know how to prepare for the child custody mediation process. – PowerPoint PPT presentation

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Title: Preparing For The Child Custody Mediation Process


1
Preparing For The Child Custody Mediation Process
2
Introduction
  • When it comes to deciding child custody between
    both parents, the process can be easy or
    difficult. Some parents are able to come to an
    immediate agreement to benefit the interests of
    their child or children. Others may need another
    party to intervene and help both parties come to
    a suitable custody solution for their child or
    children. The child custody mediation process
    essentially involves both parents and a third
    party, who helps both parents come to a working
    agreement to effectively parent their child or
    children in separate households. Before either
    parent searches for a solution to resolve to
    decide who gets what custody, it is important to
    know how to prepare for the child custody
    mediation process.

3
Content
  • Preparing for child custody mediation
  • Preparing for child custody mediation
  • Anticipating Divorce In Long-Term Marriages By
    The Years
  • Anticipating a divorce in a long term marriage
  • 20 years
  • 25 to 30 years
  • 40 years
  • Tips For Avoiding Mistakes When Searching For A
    Divorce Lawyer
  • Avoiding mistakes when looking for a divorce
    lawyer

4
Preparing for child custody mediation
  • A child custody mediator does not make immediate
    decisions. Instead, this third party helps both
    parents come to a child custody agreement that
    can later be approved in the courts. It is best
    to use a child custody mediation professional if
    both parties are unable to come to an immediate
    agreement in regards to the custody of their
    children or child.
  •  
  • In most states, the child custody mediation
    process is considered voluntary and is not
    required. Other states, however, do require some
    kind of child custody mediation before the judge
    will approve any court orders related to child
    custody. The mediation process is
    straightforward, usually starting with either
    party meeting with the mediator and discussing
    the custody-related issues at hand. The mediator
    and both parties then discuss and review the
    issues at hand, come to a solution, and
    eventually draft and sign an agreement to be
    reviewed by the courts. Most parents are able to
    work out an agreement with a mediator in a short
    amount of time, though some cases require more
    time to work through issues with a child custody
    mediation expert.

5
Preparing for child custody mediation
  • In most cases, both parents should prepare for
    child custody mediation by talking to their
    attorneys before meeting with the mediator. This
    helps either party understand their rights to
    custody of their child/children and their
    responsibilities involving those rights. It is
    also recommended for both parties to maintain
    documentation regarding the childcare of their
    child/children, including daily schedules for the
    child/children, medical records, and other
    documents noting special circumstances for child
    visitation terms.

6
  • Each parent is also encouraged to create a
    document laying out the terms for child
    visitation. Having a document like this helps
    each parent determine their desires for the terms
    of child custody of the child/children in
    question. Having those documents prepared also
    allows the mediator to work with either party to
    come to an agreement regarding those terms. For
    example, either parent could establish terms for
    dropping off the child/children at the other
    parents' home, detailing locations and the type
    of transportation they plan to use in the
    document. Being prepared to work with the other
    parent is essential to conclude the child custody
    mediation process in a relatively civil way.

7
Anticipating Divorce In Long-Term Marriages By
The Years
  • Divorce in long term marriages does not just
    happen overnight. A divorce in long term
    marriages generally happens after both parties
    agree to end the marriage over a number of
    significant factors. In this case, the marriage
    ends after a number of years, usually as long as
    20 years. Sometimes, a divorce in long term
    marriages occurs after as long as 50 years.
    Regardless of the length of the marriage, a
    divorce following a long term marriage
    arrangement has many challenges that are unique
    when compared to a divorce of a shorter term
    marriage. Depending on when the divorce occurs,
    these unique challenges can vary in scope.

8
Anticipating a divorce in a long term marriage
  • Also known as a grey divorce, divorce in long
    term marriages generally occur after about 20
    years of marriage or more. In the past, these
    types of divorces were considered relatively
    uncommon. However, the end of long term marriages
    between two parties is becoming more common. The
    nature of long term marriages makes for unique
    divorce scenarios since aspects like assets
    between both parties need to be taken into
    consideration before concluding the divorce
    process. Even the length of the marriage plays a
    role in how the divorce will play out.

9
20 years
  • After 20 years, a divorce in a long term marriage
    could conclude in a relatively clean break. If
    there is contention between both parties, it
    could end in a rather tricky way. One of the main
    factors that impact a divorce after two decades
    of marriage is child custody, since any child or
    children may still be underage at the time of
    divorce. The allowance of alimony for the parent
    with caretaking duties for children or a child is
    another issue that usually needs to be settled in
    a divorce for a two-decade-old marriage.

10
25 to 30 years
  • After 25 to 30 years of marriage, the divorce
    process gets a little less tricky. However, the
    bigger issue at this stage of marriage and
    divorce is the dividing of assets, such as the
    marital home. In most cases, the party with
    larger stakes in the home (such as equity or even
    maintaining living space for the children as the
    sole parent) may get the marital home unless the
    other party buys them out. The dividing of assets
    between the divorcing parties is considered
    rather tricky at this stage and is usually
    determined on a case by case basis within the
    courts.

11
40 years
  • After about 40 to 50 years, the biggest factor
    that impacts the divorce process in a long term
    marriage is the dividing of retirement assets.
    Since the retirement accounts between both
    parties are likely joint accounts, these accounts
    will have to get divided up during the divorce
    process. Alimony for either spouse is also a
    factor to consider, especially if one party is
    still in the workforce. Both parties will have to
    come to an agreement on terms that will benefit
    each other long after the divorce process ends at
    this stage of their lives.

12
Tips For Avoiding Mistakes When Searching For A
Divorce Lawyer
  • Finding an appropriate divorce lawyer high seems
    like a simple process, however, it does get
    tricky if not prepared. Prospective clients of a
    great divorce lawyer often have to navigate
    through a continuous stream of information about
    divorce. They also have to use what they might
    already know and desire about their impending
    divorce to interview potential lawyers. The
    beginning, middle, and conclusion of the divorce
    process are rife with high emotions, all of which
    can significantly impact the perception of not
    just the prospective client, but also might set
    the stage for the case in question. To avoid
    making mistakes when finding the right divorce
    lawyer, prospective clients should learn exactly
    what those mistakes look like.

13
Avoiding mistakes when looking for a divorce
lawyer
  • The typically hostile nature of divorce leads to
    high emotions that can completely color the
    entire mood of the legal process. These emotions
    not only affect the client, but also the legal
    professional that the client may choose to
    represent them. High emotions from either party
    can lead to mistakes being made. The prospective
    client can completely avoid making such mistakes
    if they are aware of them before they happen.
  • The most common mistake made during the divorce
    process is writing or saying emotionally charged
    words towards the other party. Many professional
    legal advisors highly suggest assuming anything
    said, written, or recorded will be utilized
    against them in court as a part of the defense of
    the other party. This is especially important in
    states where one party can be awarded assets like
    property if the other party is found to be
    completely at fault for the reasons behind the
    divorce. The decisions regarding child custody is
    another contentious part of the divorce process
    where both parties should avoid saying anything
    that could be used against them.

14
  • Another potential mistake is avoiding any type of
    negotiation or mediation with the other party.
    Negotiation with or without a mediator has the
    potential to improve the prospective divorce
    settlement between the parties in question. For
    example, divorcing parents may settle their
    disagreements and come to an agreement over child
    custody if they discuss those terms before
    heading to court. It is also recommended to keep
    a record of these meetings, such as a recording
    or written agreement, to have proof that the
    meetings occurred on both sides. Both parties
    should also regard the advice of their separate
    legal representatives when discussing the terms
    of a prospective settlement between both parties.

15
  • Completely disregarding any legal representation
    in a divorce is considered the biggest mistake
    any party could make. A divorce lawyer helps
    their clients successfully negotiate terms while
    defending them during the entirety of the divorce
    process. Self-representation in a divorce is
    considered highly problematic for the sole reason
    that many people who undergo divorces lack the
    understanding and experience to successfully
    manage the details and defend themselves at the
    same time. Hiring a qualified divorce lawyer is
    the best investment that any divorcing party
    could make for themselves.
  • See more at https//www.eidelmanassoc.com/Mediatio
    n-Services/child-custody-mediation
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