Custody

Mediation is a process where both parents will meet to try to come to an agreement on how to divide up custody and visitation, without leaving the decision to the judge. A third party who is neutral, generally called a mediator, meets with the parents to help them reach an agreement.

Virginia law states that in all appropriate cases, the court should order that parents go through mediation before seeing a judge.¹ However, if there is a history of family abuse, you can ask the court to skip the mediation process, and go straight to a hearing in front of a judge.²

The goals of mediation include coming up with a schedule of when the child will see each parent, and figuring out how any disagreements between the parents will be handled in the future.³ You do not have to agree to anything you are not comfortable with or do not want. If an agreement cannot be reached, a hearing will be scheduled in front of a judge.

You will not have to pay for mediation in any custody, support or visitation case. It is paid for by the state.²

¹ Va. Code §§ 20-124.4; 20-124.2(A)
² Va. Code § 20-124.4
³ Va. Code § 20-124.2(A)