Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?
I am currently struggling to see my child. The other parent makes to many hoops and I jump but still nothing. I can afford a lawyer at the time. I was curious as to going about filing for mediation. I just want my rights as a father to see my child. Nothing out of way or anything like that. I do support my child. Any help would be nice
A: Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
A: You can't file for just mediation. You can file for custody, and then once you file for custody, free custody mediation through the court system is required in NC.
If you go to mediation outside the court system, and no court action has been filed, and it's doubtful that you're going to end up with an agreement that can be enforced because mediators cannot write the formal agreement.
But if you file for custody, and then go through Court mediation, if you reach an agreement in mediation, then that agreement can be signed by a judge and become an enforceable order of the Court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.