Mediation for Custody/Visitation

Custody and Visitation

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Do I have to go to court to get custody or visitation?

No. Many times parents can come to an agreement without going to court. They often use mediation (mee-dee-A-shun). Mediation is a voluntary and confidential process where you and the other parent work with a neutral mediator to create your own parenting plan. However, mediation is not a good idea when there has been domestic violence. If you are interested in mediation, and don’t want a court order, contact LIFT at 212-343-1122 to ask for the name of a center near you that offers free mediation.

Sometimes the Court will send you to the Family Court Custody/Visitation Mediation Program after you start your case. If that happens, the mediator can help you work out a parenting plan. If you reach an agreement, it can be sent back to the court. If the judge or referee agrees, it can become a court order.

Are there ways to settle custody/visitation cases without going to trial?

When you come to court about custody or visitation with your child, you may have a choice to: 1) litigate your case before a judge (or referee); or 2) to have your case referred to the NYC Family Court Mediation program.

Mediation is a voluntary and confidential process where you and the other parent work with a neutral mediator to create your own parenting plan. The New York City Family Court has a free mediation program for people who have custody or visitation cases pending in the court.

Cases must be referred to the Family Court mediation program by the judge or referee who is hearing the case. However, parties may ask the judge or referee to refer their case at any time. What people discuss does not get reported back to the court unless they reach an agreement.

What is Custody/Visitation Mediation?

Mediation is a voluntary and confidential process to resolve conflicts. A trained, neutral person (the mediator) can help you develop a parenting plan that will work for your particular family. The mediator will not make any decisions; you will speak and decide for yourself.

Mediation helps you learn how to communicate with the other parent about issues concerning your child.
Mediation can help you understand your situation in new ways so you can resolve your conflicts.
Mediation gives you the chance to discuss all the issues affecting your child, not just the legal ones.
If you reach an agreement, it is sent back to court on your adjourn date. If the judge or referee agrees, it can become a court order.