How Does Custody Mediation Work in Minnesota?

Custody mediation, like many aspects of family law, can prove to be difficult and emotional without the help of a professional. Hiring a custody mediation lawyer can help you answer questions like, “How does custody mediation work in Minnesota?” and “What is the difference between physical and legal custody?”

Santana Law, PLLC: Skilled Custody Mediation Lawyer

With years of experience in family law, Ronnie Santana of Santana Law, PLLC, is ready to help you through your custody case. He understands how emotional these cases can be, and he strives to treat every client with compassion. Mr. Santana understands how to come to an agreement that benefits you and your children.

How Does Custody Mediation Work in Minnesota?

If you are wondering how custody mediation works in Minnesota, you are not alone. It can be daunting to determine what to expect and how to prepare for mediation. Hiring a custody mediation lawyer can benefit your case in many ways, but it can be helpful to understand the basics before you schedule a consultation. Below are valuable insights into the mediation process:

• It is always a confidential and voluntary process. When you decide to utilize the help of a mediation lawyer, it will remain confidential. This means whatever you, your former spouse, and your mediator discuss during mediation will stay within those sessions unless both parties agree to share it, there is a risk of danger for a child, or there is a court order to share information.Mediation is voluntary, which means both parents must agree to participate in the custody mediation process unless a court orders it.
• The mediator will always serve as a third-party representative. Remaining neutral is one of the most important aspects of being a mediator. A qualified mediator will be able to facilitate your discussions without bias, helping both parents communicate effectively to identify areas of agreement and explore other options for resolution.
• The court and the mediator should always focus on the best interests of the child. Like any good parent, the Minnesota court system works to prioritize and focus on the welfare of your child. This is why the primary focus of your mediator is to help both parties develop a parenting plan that is in the best interests of the child, factoring in aspects such as the child’s developmental needs, age, and relationship with each respective parent.
• The mediator will encourage parental decision-making. While it is often the role of a judge to declare a decision on behalf of all parties, mediators allow parents more control over their parenting arrangements. Instead of making decisions for or on behalf of the parents, the mediator will help both parents reach their own agreement, allowing them to tailor the plan to their specific circumstances, needs, and preferences.
• All agreements require the approval of the Minnesota court system. If you and your former partner are able to reach an agreement, your mediator will draft a Memorandum of Agreement, which you will both sign.The document will outline the terms of said agreement. By signing it, you are essentially agreeing to have it finalized by the Minnesota court. The mediator will then submit the agreement to the court for final approval, therefore turning it into a legally binding court order.
• Not all parties are able to reach an agreement. Sometimes, you and your co-parent may find yourselves unable to reach an agreement. At this time, the court will be involved, and a judge will help you determine a fair, reasonable, and healthy agreement, upholding the welfare of the child above all else.

Why Would I Hire a Mediation Lawyer?

When you hire a child custody mediator, you and every other party involved will most likely be working toward an agreement on the following things:

• The type of custody arrangement you want to work with. Under Section 518.17, Subdivision 3, Minnesota state law explains the differences between physical custody, which determines where your child lives, and legal custody, which determines which parent/s make any major decisions for your child.
• The type and amount of parenting time. Mediation can prove to be incredibly helpful to address parenting time schedules, therefore ensuring that your child has consistent contact with both parents and that there is always someone looking out for their needs.
• Whether or not child support is needed. Approximately one out of every five children in the United States lives in a household where their custodial parent receives child support payments. It is common for non-custodial parents to make payments.

FAQs

Q: How Much Does It Cost to Hire a Custody Mediator?

A: The cost of a custody mediator can vary. Each case is unique and tends to be influenced by factors such as the amount of time your case requires to reach a resolution. Another aspect that could influence your final cost is the person you hire to serve as a mediator. Many charge different rates based on their location, experience, and credentials.

Q: What Should I Not Say During Mediation?

A: During mediation, there are many things you should avoid saying. Criticizing the other party is not only perceived as immature but also unhelpful. While it’s easy to become defensive when you feel your parental rights and wishes are being threatened, insulting your former partner will not help you make progress or achieve your desired outcomes.

Q: What If I Am Worried About My Child’s Safety During Custody Mediation?

A: If you are concerned that you or your child is in danger of domestic violence or abduction, you should alert your mediator and the authorities right away. In 2023, 59% of all AMBER alerts issued were connected to parental abductions. It is always better to be safe than sorry when it comes to the safety of your child. You can also always reach out to the National Domestic Abuse Hotline.

Q: Do I Need to Use a Custody Mediator?

A: You do not need to hire a custody mediator, but there are many ways you may benefit from doing so. Your lawyer can help bring clarity to both the emotional and the legal side of things. They can explain your rights, define the custodial benchmarks both parties must meet, and help you avoid having to proceed to a court-involved custody battle.

Get More Information From Santana Law, PLLC

At Santana Law, PLLC, we believe in doing everything in our power to help you build a custody plan that works for the benefit of both you and your child. Contact us today to schedule a consultation.