Should I push through to court or settle in mediation? 14 Answers as of January 19, 2012
I have protection order and full custody of one of the children involved. The older one lives with their grandmother and my spouse but have joint custody of that child. My spouse wants to settle out of court and share the youngest child. I am not working and my child is currently being diagnosed with autism. I can't afford legal help and I am not sure what the best answer is. Should I push through to court or settle in mediation? I plan to move to a place that is two hours away from my spouse because my child needs the care programs from the place. A joint custody is not possible.Free Case Evaluation by a Local Lawyer!
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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
This question is impossible for anyone to answer but you. Ultimately, you need to do whatever you think is in the best interests of the children and yourself. Only you can decide whether to settle or whether to let a judge decide. I can tell you from experience, however, that in cases like this that go to court for a full hearing, neither side typically ends up with everything they want.
Answer Applies to: Georgia
Replied: 1/19/2012
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Joint custody is not mean just a sharing of child's time, it also means legal responsibility. You may have to give up some time with the child and other responsibilities if you move to a new location for employment. It may mean the other parent give up some time. Work out the living and visitation problems whenever. If not in mediation then in court. In the best settlement neither parent is going to be happy. Both being happy rarely occurs.
Answer Applies to: Alabama
Replied: 1/19/2012
Law Office of Cassandra Savoy | Cassandra Savoy
The best answer is you will have to decide what is best for you. However, I always advise clients that they should try to resolve their issues between them rather than have a judge who does not really know your children or your situation to decide. Joint custody is always possible. Even if you leave two hours away, your spouse can participate in making the major decisions in his child's life. These decisions include non-mandatory health care, education decisions, religious decisions and the like.
Answer Applies to: New Jersey
Replied: 1/19/2012
The Law Office of Kem Eyo, LLC | Kem Eyo
Your question is not a legal one. Instead of asking an attorney what you should do, you need to be talking to people who know you & your family, and that you trust. Get the advice of family, friends, your pastor, a therapist, etc.; weigh the pluses and minuses of each option, then decide what is best for your children. No lawyer can help you decide this (unless the lawyer is also a friend).
Answer Applies to: Georgia
Replied: 1/19/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
Always try to resolve these parenting matters through mediation. If you do not succeed, then you may need a full hearing.
Answer Applies to: California
Replied: 1/19/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
Joint custody with you being the "primary custodial parent" is the way to go and then just set up a visitation schedule and accommodates the distance between your residences. Certainly shared custody won't work at that distance (two hours away) unless your husband is willing to do all of the driving, even then it just won't work. Give him as much visitation with that child as he wants but get primary custodial care.
Answer Applies to: Iowa
Replied: 1/18/2012
The Law Offices of Dave Hawkins | Dave Hawkins
You've got some problems. I can't advise you on mediation becuase I have no idea what the propersed final parenting plan says. If you are in fact moving, you need to make that clear at the meidation and include that in the Parenting plan and have him consent to the same. Absent such language, you will need to comply with the Relocation Act whcih specifies that you must give him 60 days written notice prior to moving to allow him time to object if he deems it necessary.
Answer Applies to: Washington
Replied: 1/18/2012
Peyton and Associates | Barbara Peyton
If you settle, the terms will be something you agree to. If you go to trial, a judge will make rulings over which you will have no control. Most people are happier when they settle their cases with at least some control over the outcome. Plus then ITS OVER!
Answer Applies to: California
Replied: 1/18/2012
The Law Office of Erin Farley | Erin Farley
You need to make the decision that is best for your child. If there are service providers, perhaps they can map out what services will be needed. If you end up going through the court system, make sure you provide documentation of your child's diagnosis and the services necessary to best help your child.
Answer Applies to: California
Replied: 1/18/2012
Diefer Law Group, P.C. | Abel Fernandez
I think you need to go with the process that will give you the best result. If you absolutely do not agree with what he wants, it will be hard to reach an agreement in mediation. So, in those cases it might be best to go to court. I think you need to go with the process that gives you the best result.
Answer Applies to: California
Replied: 1/18/2012
Glenn E. Tanner | Glenn E. Tanner
Settle if there is an acceptable offer on the table; if not, go to trial and tell the court what you want and why.
Answer Applies to: Washington
Replied: 1/18/2012
David A. Browde, P.C. | David Browde
Mediation works best when both parties are ready to make a deal. If either or both are still interested in fighting, mediation just doesn't work.
Answer Applies to: New York
Replied: 1/18/2012
The Law Offices of Jill Puertas LLC | Jill Puertas
Nothing that you do will be enforceable unless it comes from the Court as an order.
Answer Applies to: Missouri
Replied: 1/18/2012
