Child custody issues can be the most painful part of the divorce. In most cases, the children want both parents and may feel that they are losing one. They may express anger or feel that they somehow caused the split. It’s unfortunate, but at the time when the children may need them the most, many divorcing parents find it very difficult to deal unemotionally with custody issues.
Mediation can be an excellent way to resolve contentious issues. Both parties sit with a neutral mediator in a private setting to discuss the issues. The mediator is able to point out options neither had thought about as well as being able to educate the couple on the legal realities. Often, the separating spouses have not been really listening to the other’s concerns. The mediator can help them to define the issues so that solutions can be found. Being parents is a life-long responsibility, so learning better communication skills will be helpful when problems arise in the future. A successful mediation requires that each person accept responsibility for their actions and do what is in the long-term best interests of the child.
However, there are times when mediation is not a good idea. If the relationship ended because of physical or mental abuse, mediation is not the place to resolve the problems. Both parties must be mentally capable of making good decisions and trust that the other party will abide by them. If that is not the case, other options should be looked at rather than mediation. A therapist or domestic abuse counselor or an attorney experienced with domestic abuse cases would be preferable.
Borden, Steinbauer, Kruger & Knudson, P.A. has been providing legal representation to their Minnesota clients for over 40 years. The attorneys concentrate their practices in the areas of municipal, corporate and business law, probate and estate planning, real estate, personal injury and divorce and family law. For cases that can be decided without litigation, the firm has a mediation attorney. When cases go to litigation, the attorneys devote themselves to achieving the best possible outcomes for their clients. Anyone with a problem involving Family Law in Brainerd, MN should schedule a consultation to discuss the available legal options.