Custody Mediation or Court?


#1

My advice…if HE has a lawyer, then YOU need a lawyer.
However, until you get notice or served with some kind of notification about any legal actions, I would wait. USUALLY if you go to a lawyer with no documentation in hand (ie: I got served this, I received this in the mail), then you’re paying for service you may not have to use (consulation fee). Don’t worry about not finding a lawyer in time. If you get notification of any court action, you’ll be given a date OR a chance to ‘answer’ any allegations. If you can’t find a lawyer within that time, you can ask for a continuance.


#2

Mediation is up to you and the other parent. Any case can settle in mediation as long as both parties are able to find a custodial arrangement they both agree with.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you for your answers…

If, by some small chance, custody is decided in mediation, would it be in my best interest to have the agreement looked at by an attorney?

And … do family law attorneys ever charge by the hour in a case such as looking over an agreement made in mediation?

I really don’t have the money to pay a retainer if it’s not absolutely necessary. If it goes to court, I know I will need to be represented.

No need to answer this one … it’s going to court. Mediation was a disaster. I was probably noted as hostile, while my ex “snowed” the mediator like he does everyone. He was hostile, but he and the mediator laughed and giggled at everything. I am afraid I am going to lose my kids because my ex is so good at fooling everyone.

I have no money for an attorney, but I am going to have to hire one anyway. Legal aid won’t take a custody case.


#4

It can never hurt to have an attorney review the parenting agreement.

There are some attorney’s who will charge by the hour to review a parenting agreement, you will need to call around to respective attorney’s to find one that had a fee schedule you are comfortable with.

I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

There are allegations of alcohol against me. (I have quit.)

There are allegations of alcohol and both spouse and child abuse against my ex.

Does this go directly to court, or is it possible to settle in mediation??

I thought I read somewhere that when abuse is an issue it goes to court. I need to know whether to hire an attorney right away. He already has an attorney, so I suspect it’s going to court.