Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?
My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the stress/pain/ugliness that can come with getting lawyers involved. He's been out of work for two years, and I don't want any child support or to have to pay alimony/spousal support. Is it possible to successfully work with a mediator through this or is it too complicated?
A: A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can come when lawyers are not involved at the outset and have to come in later to clean up the mess made in their absence. Get a lawyer. I repeat, get a lawyer.
1 user found this answer helpful
A: It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.
1 user found this answer helpful
A:
Illinois doesn't have custody/visitation anymore.
Instead, it uses parenting plans.
This is the recommended Parenting Plan form:
http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf
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.