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Child Custody Mediation for Unmarried Parents: How It Works
Navigating a child custody dispute as unmarried parents can be a difficult process. Many people make the mistake of failing to consider mediation and instead opt for formal litigation. Mediation allows both parents to reach a mutually agreeable child custody arrangement without incurring the financial cost and emotional stress of going to court.
If you are an unmarried parent facing a child custody dispute, the Philadelphia child custody mediators at Peaceful Separation & Divorce have prepared this overview of the mediation process.
Using Mediation to Determine Custody for Unwed Parents
Mediation is a collaborative process, unlike litigation, which is adversarial. Mediation allows both parents to develop and reach mutually agreeable solutions with the assistance of a neutral mediator. Mediation can allow both parents to reach solutions tailored to their family’s unique dynamics for all aspects of a child custody dispute.
Child Custody Visitation Schedule
Several types of custody arrangements are available under Pennsylvania law (23 Pa. C.S. § 5322), i.e., shared legal custody, shared physical custody, etc. If you and the other parent reach an arrangement where one of you has partial physical custody, you must also develop a clear yet flexible visitation schedule. A flexible visitation schedule can help both of you avoid potential conflicts and provide your child with a sense of stability.
Establish Paternity
As a threshold matter, unmarried parents must establish a child’s paternity, i.e., the identity of the legal father. This is because there is no presumption regarding paternity. Paternity can be voluntarily established by preparing and filing a Voluntary Acknowledgment of Paternity (VAP) form.
Determining Child Support
Under Pennsylvania law (23 Pa. C.S. § 4321), parents are obligated to support their children. This means the non-custodial parent must make regular payments according to the Pennsylvania child support guidelines. If you and the other parent reach a shared custody agreement, i.e., 50/50, the higher-earning parent will have to pay child support.
Who Typically Gets Custody of a Child for Unmarried Parents in Pennsylvania?
Assuming paternity is established, neither parent is legally entitled to custody (23 Pa. C.S. § 5327). Courts in Pennsylvania make custody determinations based on the best interest of the child standard (23 Pa. C.S. § 5323). However, unmarried parents can also reach successful child custody arrangements via mediation.
Following a Custody Mediation Checklist Can Help
While mediation is not the same as a trial, it is essential to be well-prepared. You can streamline your mediation process by developing and following a comprehensive checklist. This ensures all crucial aspects of your child custody case are addressed, which can facilitate a smoother resolution.
Finding the Right Mediator
Child custody disputes can cause parents to view each other as enemies. Choosing the right mediator can be key to a successful resolution. An experienced mediator can help you and the other parent avoid unnecessary arguments while facilitating productive discussions and agreements.
Talk with an Experienced Philadelphia Child Custody Mediator Today
Take the first step towards a child custody agreement developed by you and the other parent. Mediation can empower unmarried parents to craft custody agreements that reflect their family’s unique needs. For compassionate guidance from a trusted divorce mediation lawyer, contact Peaceful Separation & Divorce today.
