YOUR CHOICES FOR YOUR CUSTODY
OR VISITATION CASE

When you come to court about custody or visitation with your child, you may have a choice: whether to litigate your case before a judge (or referee) or to have your case referred to mediation.

MEDIATION IS A FREE, VOLUNTARY, AND CONFIDENTIAL PROCESS WHERE YOU AND THE OTHER PARENT WORK WITH A NEUTRAL MEDIATOR TO CREATE YOUR OWN PARENTING PLAN.

• The mediator will help you communicate with each other to try to resolve the issues that brought you to court.

• A mediator will not make orders or give advice.

• It will be your choice whether to come to an agreement with the other party or to return to court.

• Parents decide what their parenting plan should be. If the judge or referee approves, the plan will become a court order.

Certain cases are not appropriate for mediation. If your case is found to be inappropriate, it will be returned to court without prejudice to your case.

IF A JUDGE OR REFEREE DECIDES YOUR CASE:

The judge or referee will need to gather information on which to base his or her decisions. To determine the best interests of the children, the judge or referee may require that:

•A lawyer (Law Guardian) be assigned to represent your child. You will have to make the child available to meet with the Law Guardian.

• ACS visit your home and talk to the people who live there, as well as to other people who are part of your child’s life.

• A mental health or custody evaluation be done of you and everyone else in your household. The Court will decide who must pay.

• You or the other party may want to hire an attorney or that attorneys be assigned. This will usually require a lengthy adjournment. You may choose to represent yourself.

The case will either be settled or go to trial.

Either process is likely to take several months and several court appearances.

You and the other parent may each call witnesses to support your case or discredit each other.

After trial or settlement, the judge or referee will issue an order saying who has custody and when and how the other party may visit with the child.

IF YOU WANT TO MEDIATE YOUR CASE:

You need to ask the judge or referee for a referral to the mediation program. Sometimes the judge or referee may suggest the referral.

• If the judge or referees agrees, you will each be contacted by the mediation program in a few days to schedule an intake interview.

• At intake, if your case is found to be appropriate for mediation, a session will be scheduled within the next week. If it is not appropriate, it will be returned to court.

• You may have an attorney come with you to mediation or review any agreement before you sign it. Any additional sessions will be scheduled as needed.

If you and the other parent reach an agreement, the written agreement can be sent back to court on the date your case was scheduled. If the judge or referee approves, it will become a court order.

Anything else* that you discuss in mediation remains confidential.

If you do not reach an agreement, or if you wish to stop the mediation at any time, you may continue with your case in court without any prejudice.

* Allegations of child abuse or threats are not confidential.