Mediation Can Be The Best Solution For Resolving Custody Disputes

Utah mediation has successfully allowed many couples to resolve their difficulties instead of getting divorced. Mediation can also play a valuable role in helping parents to resolve child custody issues. This is true whether the divorce is still pending or if new custody issues have arisen after the divorce. Mediation will allow the parents to discuss troublesome custody matters in a neutral environment, with one or more lawyers present to address legal matters.

In general, custody issues can be divided into five areas, including:

  • The normal schedule for custody and visitation;
  • Exceptions to this schedule, such as vacations and holidays;
  • How parents will communicate about the children;
  • New or special issues, such as medical care, religious education, public or private school and activities;
  • How future changes to the custody agreement will be resolved.

Each parent must be willing to focus on the best interests of the child and prepared to openly discuss what they believe is fair and listen to the other’s opinion. Removing the emotion from the discussion, as much as possible, is one of the advantages of mediation. Discussing sensitive matters in a calm, professional setting is helpful.

The Different Types of Custody in Utah

Sole Legal and Sole Physical Custody

The children will live with one parent, who will make all of the medical, religious and education decisions. The other parent receives parenting time.

Joint Legal and Joint Physical Custody

This works best if the parents live near each other. They will share decision-making on important issues, so must be able to communicate.

Joint Legal and Sole Physical Custody

The child will live more than 225 nights a year with one parent. Both parents will share decision-making.

Split Custody

Each parent will have sole physical custody of at least one child in a multi-child family. Legal custody may or may not be shared.

The Custody Agreement

Once agreement has been reached, a custody agreement will be drawn up. In the event that the parents cannot reach an agreement, they can submit their own proposals to the court for decision. The primary advantage of custody mediation is reaching a workable agreement that is not imposed by the court.

For over a decade, the attorneys at Long Okura have been litigating divorce and custody cases. They also have extensive training in mediating these issues. Their experience will be invaluable in reaching the best possible legal solution to these very personal issues.