Mediating A Custody Dispute

When there is a divorce case filed in Chicago, IL, there is an automatic status date which is set by the clerk of court.  The attorneys of record will appear on that status date and advise the court of the status of the case.  This status date is set before the court approximately 120 days after the case is filed.  Often time, the parties will have filed preliminary motions such as temporary custody, temporary child support and temporary maintenance among others.  Once the court becomes aware that custody is in issue, it will order the parties to undergo mediation. 

In Chicago, Cook County, Illinois, the initial mediation is provided for free.  The mediation involves having the parties sit down with a court ordered mediator to discuss what concerns the parties have with the other’s ability to care for and control the children.  If the parties are reasonable, the mediator can often make suggestions which will effectively, end the dispute.  For example, if the mother is not unfit and the father will agree that she is a good mother, then the mediator can turn the father’s attention to the best interest of the child.  Although this sounds simple, parties, both mothers and fathers, do not realize what the custody terms really mean.  It is not until the mediator sheds some light on the subject that the battle calms down.  For example, if a father is fighting to have a say in the health, education and religious training of his child, he may learn for the first time that he can have joint custody for decision making.  He may be O.K. with the child living with his mother.  He only wanted to protect his right to have a say in the child’s life, effectively, co-parent.

After the mediation session, if successful, the parties will present to the court the results.  The results can then be made a part of a court order which resolves the issues of temporary custody and child visitation.  Once those items are resolved, the parties are well on their way to resolving their case.

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