Diana Lee Mercer's Answers

Can there be a mediation between two parents who are divorced with a custody agreement?

California allows parents to agree to use a Parenting Coordinator (also called a Special Master). Basically, this person, either a therapist or an attorney, acts as the tie breaker. And what he or she decides is what happens. I've attached a Stipulation which you can adapt to use, and also an article about how it works. I suspect that Pennsylvania has a similar program, so ask your attorney or the court personnel, or the Family Court Services Office (or Family Relations, or whatever PA...

1 lawyer agreed with this answer

She is at it again.. wife claims she signed the mediation agreement to get me to agree to let her take our daughter on vactation

I'm sorry....that's not what I meant. I said if you "start" to jerk her around, not that you already were. So if you don't play games, when you finally get in front of a judge he or she will think "this poor guy! He has done everything right. She must be wrong. I should listen to him" That is what I was trying to say. Sorry! I certainly didn't mean to imply you deserved any of this.

She is at it again.. wife claims she signed the mediation agreement to get me to agree to let her take our daughter on vactation

The insurance and money issues aren't supposed to have anything to do with your custody agreement. They are separate issues. That said, if you start to jerk her around with the money and insurance, and you end up going to court over custody, the judge will probably believe her when she says you're [whatever bad thing you think she'll say] unreliable or whatever since you've done some things that weren't very nice. So whatever you do, think about how this will reflect on you. What would...

I am going into mediation soon to establish visitation and custody order. During the mediation, I need to know the best approach

You want to be prepared for this. Don't try to wing it. The other attorney answer is correct--there are coaches for this sort of thing (usually therapists can help--your military benefits office may have some people and resources who could work on this with you). I wrote an article about how to prepare, and it's attached to this answer. Basically, be to the point, be positive, don't bash the other parent, and anticipate the things she'll say about you which are bad and be ready with good...

Can my husband's ex-wife refuse to sign for a passport that will allow us to take his daughter to Mexico for a 2-week vacation?

Yes. The other attorney's answer is exactly right.

Difference between divorce mediation and divorce resolution conference

I'm not licensed in Oklahoma, but in general, a Resolution Conference is designed to get you to settle. There may be some high pressure tactics, and the person who's facilitating will probably be pretty directive--telling you what will probably happen in court and strongly enouraging to you to agree. In a mediation, most mediators will faciliate in a more client-driven way--asking you what you want to do and how you'd like to see something settled. A lot less directive and bossy (so to...

1 lawyer agreed with this answer

Husband's attorney is filing a motion to compel mediation at the court date can I ask for my attorneys fees to be covered

The other attorney is correct, but there are other ways to get help with this. You can check out legal aid and other legal resources in your community. Call your county bar association and ask what resources there are. You can also take it upon yourself to be prepared for the mediation and any and all court proceedings. There are lots of legal resources available for free in the court's law library, from Nolo Press (both their books and their web site are very good and comprehensive), your...

WHAT ARE THE CONSEQUENCES FOR MISSING CHILD CUSTODY MEDIATION TWO TIMES & WHAT WILL HAPPEN TO THE OTHER PARENT AT TRAIL?

It won't reflect well on the other parent that they missed the mediation appointments. But try to stop worrying about what the court will do to him or her, and start thinking about your trial. Talk with your lawyer about what will happen in the trial, and how you can help yourself prepare. Being pro-active in making sure you are prepared will save you a lot of money and heartache. Your lawyer will prepare the legal case, but you can help. I wrote a book about how to prepare yourself...

How do i get custody and visitation of my son

You will need to file a request with the family court in your jurisdiction (basically the closest courthouse to you, or the courthouse where a matter concerning paternity of your son is already pending). There will be lots of questions asked about your relationship with your son. Be prepared for them. The attached article will tell you more about what will happen and what you need to be prepared to say and do. Cooperate with CPS but be careful. You can be charged for not protecting him,...

Need help finding an attorney to get married while in jail.

I don't know the answer to this, but the jail staff probably knows. They've probably done this before. I'd call around to the jail and corrections department in Washington and do a little research. Ask if the jail has a counseling or social worker department. They should be able to help. Or the jail librarian. You can ask the agency that issues marriage licences in your county. If it does require an attorney escort (I'm not convinced that it does) that probably won't be free, and I'm...