When parents in North Carolina go through a separation or divorce, one of the most challenging aspects to navigate is child custody. The state prioritizes the well-being of children and encourages parents to work together to develop a custody arrangement that serves the best interests of their child. One way this is facilitated is through custody mediation, a mandatory step for most custody disputes in North Carolina family courts.

What is Custody Mediation? Custody mediation is a structured process where parents work with a neutral third-party mediator to develop a Parenting Agreement regarding custody and visitation. The goal is to help parents reach a cooperative and amicable solution, reducing the need for a prolonged and stressful court battle.

Is Custody Mediation Required in North Carolina? Yes, North Carolina law requires that parents participate in custody mediation before their case can proceed to a court hearing. However, there are exceptions, such as cases involving domestic violence, substance abuse, or other significant safety concerns. In these situations, the court may waive the mediation requirement.

What Happens During Custody Mediation?

1. Orientation Session – Parents attend an orientation session to learn about the mediation process and what to expect.
2. Mediation Session – Both parents meet with the mediator to discuss custody arrangements, parenting time, and decision-making responsibilities.
3. Drafting an Agreement – If parents reach an agreement, the mediator drafts a Parenting Agreement, which outlines the terms of custody and visitation.
4. Court Approval – The agreement is submitted to the judge for approval. Once signed by the judge, it becomes a legally binding court order.

Benefits of Custody Mediation

• Less Stressful – Mediation promotes a cooperative rather than adversarial approach.
• Faster Resolution – Court cases can take months, while mediation often resolves issues more quickly.
• Cost-Effective – Avoiding litigation saves both parents time and money.
• Better Co-Parenting Relationship – Working together in mediation can help establish a more positive co-parenting dynamic.
• Child-Focused – Mediation keeps the focus on what is best for the child, rather than on parental conflict.

What If Mediation Fails? If parents cannot reach an agreement in mediation, the case proceeds to a custody hearing, where a judge will decide custody and visitation arrangements based on the child’s best interests.

Custody mediation in North Carolina provides an opportunity for parents to resolve custody matters in a way that prioritizes their child’s needs while avoiding the stress and expense of a courtroom battle. By approaching mediation with a willingness to cooperate, parents can create a stable and supportive arrangement for their child’s future. If you have questions about custody mediation or need legal assistance, consider consulting with a family law attorney to ensure your rights and your child’s best interests are protected.

To schedule a consultation with an experienced family law attorney at Tom Bush Law Group, please call us at 704-347-0110.