Creating a Child Custody Agreement Through Mediation in NY

Creating a Child Custody Agreement Through Mediation in NY

Navigating the sensitive and emotionally charged topics related to child custody can be a challenging process. What is the best way to address the many complex decisions involved in a child custody agreement? The collaborative and organized process of divorce mediation can positively influence child outcomes, reduce family tension, and preserve your financial stability by avoiding costly and time-consuming litigation processes.  

Here’s how divorce mediation can help you minimize disputes and draft a balanced child custody agreement that benefits everyone involved. 

Initial Consultation & Child Custody Guidance

Learning more about the divorce mediation process can provide relief and reassurance as you explore your best options for achieving an amicable custody arrangement. A divorce mediator will teach you about all legal requirements, how the mediation process works, and walk you through an overview of the timeline and other pertinent details that may influence your family’s custody situation. 

If you decide that mediation is the best option for your family, our legal team will walk you through initial steps like gathering relevant asset documentation, family schedules, and other important information that will help our mediators help you better. Alongside gathering necessary paperwork, organizing a list of topics and issues that may require focused attention is important. For example, when creating a child visitation schedule, this sensitive subject must be addressed with empathy and understanding, with preference favoring what is best for the children. In this example, both parents may need to make significant compromises, especially if there is any disagreement related to visitation and/or living arrangements. 

Discussing Mutually-Agreeable Terms & Organizing the Rough Draft 

Ultimately, a child custody agreement is designed to establish a stable foundation for the kids. What is the best reason to consider divorce mediation? By protecting your emotional, financial, and family’s well-being through compromise instead of court conflict, the entire family reaps the long-term rewards. 

How does this happen with mediation? You and your spouse retain complete control over the terms included in the draft. Unlike traditional divorce proceedings in which a judge has the final say, divorce mediation revolves around finding fair and reasonable outcomes that work for the parents and provide the best outcomes for the children. 

During the initial sessions, you and your spouse are encouraged to share your wishes and goals with a focus on fair resolution. In alignment with legal requirements and your preferences, we maintain a neutral stance while guiding you and your spouse toward amicable options that make the most sense for your family moving forward. 

Next, a draft is provided. It is called a Draft of the Stipulation of Settlement. This document, which includes the child custody agreements and child support amounts and more, ultimately goes to the judge for signing.

Topics included in the child custody draft often include: 

    • Physical custody: Where the children will live and how care needs will be divided between the parents.
    • Legal custody: Which parent(s) will have the authority to make important decisions related to children’s education, healthcare, and well-being?
    • Child support: If so, how much will the custodial parent pay to cover the children’s living expenses?
    • Visitation schedules: How often will each parent be with the children?
    • Parental roles and responsibilities: The child custody terms can also address topics related to child transportation, healthcare responsibilities, and other subjects like religious upbringing.
    • Relocation and other miscellaneous provisions: Other provisions, such as how responsibilities will change as the children age or what the plan is if one parent wants to move or finds work in another area, may also be addressed in mediation. 

Agreement Review, Signing, & Submission

After all topics have been carefully considered and written into the draft, the custody agreement is signed by both parents and submitted to the courts for approval. If desired, you and your spouse have the right to have the documentation reviewed by a private attorney before signing. 

After completing the above, you can expect your child custody agreement to be approved in significantly less time! To learn more about our unbiased approach to resolution, contact Long Island Divorce Mediation for a consultation today!