Child custody can be a heavily contested issue in a divorce, often complicated by other disagreements between the couple. However, a decision on custody made by the court will be based entirely on the child’s best interests, not on the parents’ preferences. One way to arrive at a positive custody plan that will meet court approval is through the use of mediation. In Connecticut, courts often refer custody cases to mediation when parents are unable to reach an agreement on their own. 

Court-ordered mediation is carried out through Family Services, a part of the Court Support Services Division (CSSD). A neutral mediator skilled in family law is appointed. Mediation sessions are confidential, promoting open and honest communication that can lead to a personalized and flexible parenting arrangement. Key issues discussed include physical and legal custody, visitation schedules, holiday plans, and child support.

Not all custody disputes are suitable for mediation. Family Services evaluates each case ahead of time to determine if it would be productive and safe for the parents to meet together. Only the parents and the mediator are involved. There may be one to three 2-hour mediation sessions. These sessions are confidential and nothing that is said by the parents is usable against them if mediation should fail. 

To maximize their chances for a fair and fulfilling parenting arrangement, parents should approach mediation with a willingness to negotiate and compromise. Effective preparation involves understanding one’s legal rights and responsibilities, being clear about personal desires and concerns and considering the child’s needs and preferences.

If mediation is successful, it results in a binding agreement that delineates each parent's responsibilities and rights. However, if parents cannot reach an agreement through mediation, the dispute will proceed to court, where a judge will make the final custody decisions based on a host of factors, including the child’s needs, each parent's stability and the child's relationship with each parent.

An experienced family law attorney with experience in child custody disputes can provide vital legal guidance. The attorney can prepare you for mediation and ensure that any agreement protects your continued close involvement in your child’s life. If mediation does not result in an agreement, the attorney can make a strong case for custody in court proceedings.

The O'Neil Law Firm in Hartford, Connecticut represents parents in child custody disputes across Hartford, Middlesex and Tolland counties. Call us at 866-418-7593 or contact us online to set up a free initial consultation.