As part of both the divorce and custody process, mediation hearings are extremely common. They allow the parties to come together to discuss their wants and needs and see if they can reach an amicable agreement that allows them to move forward in the divorce or custody decision.
In this iece, we’ll discuss the mediation process in the State of Virginia and make it clear why, if you expect to be a part of a mediation hearing, you should seek the advice of a family law attorney in Virginia Beach.
What Happens Before Mediation?
In any custody situation, the most desirable outcome is for both parties to come to an amicable agreement that they believe is fair regarding the custody of the child. This means that both parties agree on who will have primary custody, if custody will be shared, and how to handle payments regarding child support.
Mediation exists as an option for navigating contentions related to the above issues, and the court may order a mediator if the parties cannot agree. There are free court-provided mediators, as well as private mediators that charge by the hour. Parents are free to choose a mediator that both parties feel is helpful.
Before mediation can begin, paternity must be established. This can be done with DNA testing or the father can sign an acknowledgment of paternity.
It is helpful to bring the following items to your mediation:
- Proof of gross income (at least three most recent pay stubs or Leave and Earnings Statements (LES), most current W2 or 1099 tax form, or most recent tax return)
- Child’s Social Security Number
- Driver’s license number for each parent
- Address and telephone number of each parent’s employer
- Information about professional or recreational licenses, certificates, or registrations for each parent
- Child’s health and dental insurance cards
- Health care coverage cost for the child paid by the parent or parent’s spouse
- The cost of child-care and name of child-care provider
- If a party is ordered to pay support for any other children, a copy of the support order
- Actual support paid for other adults (such as a disabled parent or grandparent)
- A detail of any qualified business expenses, such as self-employment tax
- A copy of any custody, or visitation orders for the child being discussed in mediation
What Is the Mediation Process?
Mediation is a commonly used process in negotiations of all kinds. During mediation, there is a neutral person or third party known as the mediator, and it is the mediator’s job to assist both parties in discussing the necessary issues. Mediators are skilled at negotiations and can make the process much easier by offering compromises that are in the interest of both parties.
In the case of child custody in the State of Virginia, the mediator’s job is to examine the child’s living situation as it pertains to custody, visitation, child support payments, and schedules of visitation. After examining the facts, the mediator will attempt to find an agreement between the parties, and will assist in determining who should have custody and what visitation rights the other parent may have. Alternatively, the mediator may work out a shared custody agreement with a schedule that works for both parties.
Next, the mediator will study the financial aspects of both parties. Using the financial information, they can assist the parties in coming to an agreement regarding child support payments and mediate in matters of the child’s healthcare and education expenses.
What Happens After Mediation?
After mediation has concluded, if both parties have come to an agreement, the judge overseeing the case will approve the custody and child support orders. In the event that the parties cannot come to an agreement during the mediation process, each party’s attorney will attempt to reach an agreement that everyone feels is fair. If such an agreement cannot be made, the custody case may move to trial.
As with any trial, witnesses may be called to testify, documentation will be thoroughly examined, and the family court judge will hear evidence. The judge will then come to a decision regarding the custody of the child and deliver a decision on court-ordered child support payments. If you want to learn more about this process, check out our recent article about what a family court judge wants to hear.
In child custody cases that go to trial, it is absolutely critical that you have a qualified and motivated attorney that can help every step of the way to ensure you have the best chance of reaching a favorable outcome in your case.