Why you should consider mediation | home | For kids, divorce can be a relief – ‘one of the best things’ ever

March 20, 2008

Judges in custody cases consider parent’s availability, time

One reason parents with minor children should seriously consider mediation over litigation is highlighted in an article which can be found here.  In the case discussed in the article the Judge awarded custody of the parties’ 5-year old daughter to the father because the mother had what the judge considered a more demanding, time-consuming job than the father.

Of note in the article:

When asked how he generally made those decisions, (Judge William T.) Means said, “I think you have to measure what you believe will be the maximum time that each parent can spend working for the welfare of the child” based on personal experience.

It is important to keep in mind that custody decisions are subjective and based on the facts presented in each case, however it is also important to keep in mind that despite any well intentioned effort on the part of the Judge to get to know you and your family they can’t really know you and the nuances of your family situation.  They most often have to base their decisions on their own personal or judicial experience, not on your experience.   That being said, if you choose to litigate your divorce or child custody dispute you are leaving the decision of what should happen to your family to someone who doesn’t even know you or your children.  In mediation the people who know your family best (you & your spouse) get to decide what happens to your family. 

Which makes more sense to you?

posted to Divorce @ 9:06 am

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Why you should consider mediation | home | For kids, divorce can be a relief – ‘one of the best things’ ever