For divorcing couples, determining child custody can go either very easily or it can be a nasty business, even in child custody mediation. This is usually dependent on the couple's relationship at the time of the divorce. The problem is that neither party can be too sure what the other is thinking or feeling, nor mediation lawyers can go a long way to keep the proceedings from developing into a chaos of betrayal.

Factors to Be Considered at Mediation

The fact that the couple did not immediately settle on custody arrangements is what led them to mediation to begin with. Now the mediation attorneys have to evaluate several factors in each parent's life to consider an arrangement that is for the best interest of the child. Often, this can mean the airing of someone's “dirty laundry.” This is where even an amicable divorce can turn hostile.

Individual lifestyles and habits that could benefit or harm the child will have to be discussed. Living arrangements, how well the child would be provided for and schooling will also be considered. In the end, primary or even full custody would be granted to whom can best provide in the majority of these categories.

How Lawyers Facilitate Child Custody Mediation

It would be extremely difficult for parents already in the emotionally charged situation of divorce to discuss these issues without degenerating to cheap shots, name-calling and other actions that could further complicate the proceedings. Fair negotiations need to be worked out with a clear head, and an attorney can provide this.

Additionally, unless the divorcing couple are lawyers themselves, each party needs to be advised of their rights and options. There are many avenues that a child custody mediation can go down that the average person may not consider. There are precedents laid down in previous situations that most people may not have been aware of. In the end, whether a divorce is amicable or not, child custody agreements can be met with less difficulty with a lawyer present.