Mediation

Child Custody Mediation Services in Houston

Effective Divorce & Child Custody Mediation in Houston

Divorce mediation is a means to sit down and discuss with your spouse and a mediator issues relating to a divorce such as spousal maintenance (alimony), conservatorship (child custody), possession and access (visitation), child support, and property division. Kay Polk, Attorney at Law can advise and assist you in selecting a Houston divorce mediator as an option if you want to mutually resolve your issues in a sensitive, non-judgmental atmosphere.Finding a Peaceful Resolution

Mediation can be used for any divorce situation except for domestic violence, or if one partner has more power than the other. In Texas, the court calls for mandatory mediation for divorce that involves child-related issues such as custody and visitation, provided the spouses are represented by an attorney. There must be no abuse charges for mandatory mediation in Texas.

Need help with divorce mediation? Contact us today at (713) 234-6260 to schedule a consultation and explore your options.

What Are the Pros and Cons of Divorce Mediation?

Like any legal process, mediation has pros and cons. In our experience, the benefits typically far outweigh any disadvantages, but we are prepared to take our clients’ cases to court if this is in their best interests.

Mediation can offer the following benefits:

  • Mediation is less costly and time-consuming than a litigated divorce.
  • In mediation, there are no opposing sides. You work together to chisel out an agreement that fits your new lives, and the lives of your children (if you have any).
  • Mediation resolves issues so you can file an uncontested divorce, where all parties agree on divorce-related issues.
  • In mediation, the mediator doesn’t render a decision. The mediator facilitates an agreement between disputing parties.
  • Mediation may be more effective because it is the result of agreements made by both parties, rather than a judge's decision.

Types of Mediation in Divorce Cases

Mediation is a valuable tool in resolving disputes during divorce. It allows couples to work together with a neutral third party to reach agreements on various issues. Here are some common types of mediation used in divorce cases:

  • Child Custody Mediation
    Child custody mediation focuses on resolving issues related to the care and living arrangements of children after a divorce. It addresses:

    • Conservatorship: The legal rights and responsibilities of each parent in making decisions for the child.
    • Possession and Access: The schedule and logistics for visitation, including holidays and vacations.
    • Mediation helps parents agree on a plan that serves the child’s best interests while minimizing conflict.
  • Spousal Support Mediation
    Spousal support, or alimony, is financial assistance one spouse may need after the divorce. Mediation can help:

    • Resolve disagreements about the amount and duration of support.
    • Settle concerns regarding each spouse’s financial needs and ability to pay.
    • Avoid lengthy court battles and reach a fair agreement that works for both parties.
  • Property Division Mediation
    Dividing marital property can be one of the most complex parts of a divorce. Mediation helps by:

    • Guiding both parties through the equitable distribution of assets like homes, savings, vehicles, and retirement accounts.
    • Allowing both spouses to negotiate an agreement that fairly divides property, rather than leaving it to a judge’s decision.
  • Collaborative Divorce Mediation
    In collaborative divorce mediation, both spouses and their attorneys work together to negotiate a settlement. This type of mediation is beneficial because:
    • It promotes a more cooperative, less adversarial approach.
    • Spouses are encouraged to prioritize mutual respect and communication, fostering better post-divorce relationships.

How Mediation Can Help in High Conflict Custody Cases

In high-conflict divorce situations, mediation plays a crucial role in resolving complex child custody and visitation issues. It can help by:

  • Allowing parents to express their concerns in a neutral environment.
  • Reducing the emotional stress on children by avoiding a contentious courtroom battle.
  • Involving child psychologists or custody experts to evaluate the best interests of the child and provide guidance in making decisions.

Mediation for Modifications to Custody Agreements

Mediation is not only useful during the divorce process but also for post-divorce modifications. Circumstances change over time, and mediation can help modify custody or visitation agreements. Examples include:

  • A parent’s relocation or job change.
  • Changes in the child’s needs or the parent’s ability to care for the child.
  • Mediation allows for a more flexible and collaborative approach to adjust the custody arrangement, ensuring that it continues to meet the child’s best interests.

Through mediation, parents can come to a solution that is in the best interest of their children, without the need for a lengthy and costly court battle.

FAQs About Divorce Mediation

What is divorce mediation?

  • Divorce mediation is a process where a neutral third party, known as the mediator, helps couples resolve issues related to their divorce. It is a collaborative process that can address matters like child custody, spousal support, property division, and more, without the need for a lengthy court battle.

Is mediation required for child custody cases in Texas?

  • Yes, in Texas, mediation is required for divorce cases involving child custody, conservatorship, visitation, and child support, as long as there are no allegations of domestic violence and both parties are represented by attorneys.

Can mediation help with high-conflict child custody cases?

  • Yes, mediation can be especially helpful in high-conflict custody cases. The mediator can help facilitate communication between the parents and even bring in child psychologists or custody experts to assist in determining the best interests of the child.

How does mediation work for property division in divorce?

  • In property division mediation, both spouses work with the mediator to reach an agreement on how to divide assets and debts. The goal is to find a solution that is fair and meets the needs of both parties. The mediator does not make decisions but helps guide the discussion to find common ground.

Can mediation be used to modify an existing custody agreement?

  • Yes, mediation can be used to modify child custody or visitation agreements after the divorce. If circumstances change, such as a parent relocating or a child’s needs evolving, mediation can provide a less adversarial way to amend custody arrangements.

Facing custody issues? Contact us at (713) 234-6260 for trusted guidance on resolving your child custody matters through mediation.

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