Dear Georganne:
Greetings. Yes, you should try to settle your child custody matters in mediation. I know that it feels like it may not go anywhere, and it may not. But keep working at it.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you, I greatly appreciate you answering my posts.
Why do you feel mediation is the right thing? Do you feel if this goes to court, I may not like what the judges’ decision will be? How can he get 50/50 custody, overnight visits, when he has NO history with the child? I want him to have supervised visitation on a graduated scale. This is in the “best interest” of our child.
My ex is the one who wanted mediation, not me. He is asking for the impossible. I am not worried about the expensive of going to court. However, it is a different story for my ex. He makes a very good salary and wouldn’t pay his child anything. He is not doing this in the “best interest” of his child, it is to upset me.
Thank you again.
Dear Georganne:
Greetings. I believe that saving money and working out your own plan, instead of having someone you don’t know imposing a plan on your is the best thing. Mediation allows that. Yes, I believe that if it goes to court you may not like the decision. The fact that he filed with the court for custody tells the court that he wants time with the child and is willing to pay money to an attorney to obtain it. Therefore, the court will give him time with the child. It is your and my best guesses at how much time that will be. Unless there is a history of abuse, I doubt that you will have the court order supervised visitation. It is extremely rare.
I know from your e-mail below that you believe he is not in the best interest of your child, but integrating him into your child’s life may be in their best interest. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you again for your answer.
Would like to clear up the custody suit. NO he did not file for custody, I filed for sole custody when I started my divorce. On the 29th day of his thirty days, he had an attorney file a request for mediation. This was filed with my attorney. I had an option to respond or not. My attorney felt we would just give him what he wanted. However, I have been told, that I really don’t have to say anythimg in this mediation. I will try, but he is so controling he want agree with anything. Maybe, he will just have to spend some money.
Again, thank you so much. It is good to get others knowledge about these issues.
Dear Georganne:
Greetings. Well, don’t give up the hope of resolving the matter in mediation. Also, if you are in Wake County it was the job of your attorney to set up the mediation in the first place. Thanks and best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Hi.
I just went to mediation oriention. My appointment is set for two weeks from now, for my ex and I. This mediation is for child custody and visition. My ex has not seen his child since we separated 18 months ago. He did not ask me one thing about his child when we met for the oriention.
My question is this; Do I really have to try to settle this issue in mediation or in my case is it just better to go to court?
He is asking for 50/50 custody, every week-end in home visits and four weeks during the summer. Our child does NOT know her father, he has only been with her approx. 30 days of her life. She is 21 months old now. He put us out of our home.
My ex. (we have been divorced for a couple weeks now) has made no effort to pay any child-support during this time or has he wanted to see his child. Child support hearing is scheduled the day after our mediation.
Thank you for your time.