Charlotte Divorce Lawyer Blog
When parents decide to end their marriage, some of the most common areas of dispute are those involving the children. In North Carolina, both parents are expected to provide for their children and spend time with them. If parents disagree about these issues, it not only makes life stressful, but also makes divorce more difficult and challenging for the whole family. When disputes arise, the court may require parents to participate in the child custody and visitation mediation program.
What is the Child Custody and Visitation Mediation Program?
North Carolina provides a child custody and visitation program for parents who are going through a contested divorce. The program is designed to provide mediation services to assist parents in coming to an agreement regarding issues of custody and visitation. When the court requires the program, parents must attend unless the court waives it for reasons such as domestic violence or abuse issues. The program is in accordance with North Carolina law (N.C. General Statutes 50-13.1)
Mediation Orientation
The child custody and visitation mediation program is a two-step process. The first step is mediation orientation. Parents need to attend a mediation orientation session before they participate in mediation. Orientation provides parents with an overview of the process, explains how mediation works, and gives information on preparation for mediation. Orientation sessions are available at your local county courthouse or online. Before you attend mediation, you should make a list of the issues that are important so you are sure to address them.
What Happens During Mediation?
Mediation is a meeting that is facilitated by a professional mediator. The mediator has education, training, and experience helping couples work through difficult divorce issues. Both parents attend the session, which often takes place at the courthouse. The mediator is not a judge but can help couples come to agreements that will be formulated into part of a divorce order. The mediator will address the concerns of each parent regarding issues such as residence of the child, parenting time, and how parents will make future decisions, among other matters. Child support is not part of mediation. A mediation session usually lasts about two hours, but could go longer depending on the specific issues.
Mediation Agreements
The goal of mediation is to reach an agreement between parents regarding the major issues of child custody and visitation. Parents will generally agree to a parenting plan, which becomes a parenting agreement. Both parties sign the agreement and present it to the judge as part of the divorce proceedings. Once the judge makes it part of the divorce order, the document is a legal order, and both parties must abide by the terms of the agreement. A parenting agreement may only be modified through the court.
Separation and divorce can be complex. It is helpful to seek guidance from a knowledgeable divorce attorney as soon as possible. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our skilled legal team.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.1.html
https://www.nccourts.gov/programs/child-custody-and-visitation-mediation-program
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
Custody Mediation in North Carolina
Child Custody Agreements