The custody process in Florida can feel confusing and overwhelming, especially if it is your first experience with the court system.
Most courts today prefer that you and your co-parent make your best effort to resolve your custody situation yourself rather than head straight to a custody trial. Not only does this make more efficient use of court resources, but it also usually results in a better outcome for you and your children.
Mediation is usually required
With this goal in mind, Florida courts generally require parents to participate in custody mediation before going to court.
Mediation is not the same as a formal court proceeding. It is an informal meeting between you, your co-parent and a mediator.
You may have an attorney attend the mediation with you, although it is not required. You might prefer to simply talk with an attorney before mediation to learn how to prepare and how to act.
The mediator’s role
A mediator’s job is to remain neutral, listen to you and your co-parent’s positions on custody and help guide you toward a resolution. A mediator cannot take sides or force one parent to accept another parent’s custody requests.
If your custody dispute is filled with conflict and bitter feelings, you might be convinced that mediation will be pointless. While it is true that sometimes mediation is unsuccessful, you should still make a good faith effort to resolve your custody dispute at mediation.
You should not go in expecting to get everything you want. You will likely have to compromise, but overall, you will probably be happier with the outcome because you had a say in it.
Some benefits of mediation
Mediation is usually quicker and less costly than courtroom litigation. You may wait months or more to get to a custody trial.
You and your co-parent are always free to come to your own agreement about custody. If you do, there is no need for you to participate in mediation.
However, you should still have your agreement written down, signed by both of you and filed with the court to make it an official custody order. This often reduces the chance of future disputes or disagreements.