Why Mediation Can Be a Strong Option for Child Custody Disputes in Texas

Are you a parent locked in a child custody dispute in Houston or elsewhere in Southeast Texas? Mediation can be an effective tool to move your case to a resolution that protects your parental interests and does right by your kids. Here, our Houston child custody lawyer explains why mediation can be an effective family tool in these cases in Texas.

Mediation of a Child Custody is Case Fundamentally Cooperative

Co-parenting requires cooperation. Mediation can help parents work towards an amicable settlement agreement. On the other hand, child custody disputes can turn difficult in litigation. A court case may require parents to make allegations, challenge each other’s credibility, exchange extensive discovery, and present private family disputes in court. On the other hand, mediation shifts the focus from proving that the other parent is wrong to identifying workable solutions. Reducing conflict can be especially valuable for parents who must work together.

Parents Can Retain Greater Control Over the Process (and the Parenting Plan)

In a contested Texas custody case, the judge ultimately determines conservatorship, possession, access, decision-making authority, and other disputed parenting issues. Mediation allows the parents to retain substantially more control over those outcomes. The mediator does not act as a judge and cannot impose a result. Instead, the mediator facilitates negotiations while each parent, usually with the assistance of counsel, evaluates proposed settlement terms. Mediation allows them to negotiate a parenting plan specifically tailored to those circumstances rather than relying entirely on standardized possession terms. 

Child Custody Mediation Provides Considerable Privacy in Texas 

Communications made during mediation are generally confidential and are not subject to disclosure or admissible as evidence against a participant. The confidentiality encourages parents to discuss settlement possibilities without fearing that every proposal will later be used against them in court.

A Mediated Child Custody Settlement Can Still Provide a Binding Resolution 

Mediation is not merely an informal discussion. A mediated settlement agreement in a Texas custody case is binding when it contains a prominently displayed statement that the agreement is not subject to revocation, is signed by each party, and is signed by any attorney present when the agreement is executed (Tex. Fam. Code § 153.0071(d)). When those statutory requirements are satisfied, a party is generally entitled to judgment on the agreement. Texas law provides a limited exception when the court finds that family violence impaired a party’s ability to make decisions and that the agreement is not in the child’s best interests

Call Our Houston, TX Child Custody Lawyer for Immediate Assistance

At Lindamood & Robinson, P.C., our Houston child custody lawyer provides solutions-focused guidance and support to clients. If you have any questions or concerns about child custody and mediation, we can help. Please do not hesitate to contact us today to set up a completely confidential, no obligation consultation. From our Houston law office, we handle family law cases throughout the region in Southeast Texas.