Kevin Qualls Family Law
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Is mediation always appropriate in child custody cases?

Many people in Orange County have often heard that it is always better for parents wo are not living together to work out their visitations involving child custody and parenting time outside of court if at all possible. Parents who are able to get along on issues involving their kids give their children a greater sense of stability.

In this respect, even this blog has emphasized the different ways parents can come to a mutual understanding about parenting time and custody without having to go in front of a judge and, "fight it out," at least in a legal forum.

This is because it is, generally speaking, better for everyone involved to resolve child custody disputes through some sort of negotiation. However, like almost everything in the world of family law, this general rules comes with some exceptions. In other words, in some cases, a parent would be perfectly justified in and may even do well to bypass negotiating a custody arrangement and just take the matter to court as soon as possible.

One of the most obvious examples of when mediation might not be a good idea is when the underlying custody issue is intertwined with an accusation of domestic abuse, such as violence against either the child or one of the parents.

There may also be some situations in which mediation would be futile, and thus inevitably as waste of time and money, such as when a couple just simply cannot get alone. However, before writing mediation off as a lost cause in such cases, California parents should remember that most quality mediators are able to help manage conflict between two parents in order to get a result that everyone can live with.

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Kevin Qualls Family Law
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