Family Court Playbook: New York Edition · Step 12 of 13

Custody and Visitation Mediation in New York

How the New York courts describe custody mediation, what stays confidential, and how an agreement becomes an order

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal

A choice, not a requirement

The New York court system's CourtHelp pages say that when you come to court about custody or visitation, you may have a choice: have your petition heard by a judge or court attorney-referee, or have your case referred to mediation. CourtHelp describes mediation as voluntary and confidential.

Ask the clerk or the judge what mediation options your county's Family Court offers.

This guide is for informational purposes only and is not legal advice. Every case is different. If you can afford an attorney, we encourage you to hire one.

How a session works

  • A mediation session is between you, the other parent and the mediator.
  • The mediator is trained to help parents work out what is best for their family. The mediator does not give advice and does not write the parenting plan for you; the parents decide.
  • If you agree on a parenting plan, it becomes a court order if the judge approves it.

What stays confidential

CourtHelp says that what you discuss in mediation stays between you, the other parent and the mediator, with an important exception: allegations of child abuse or threats are not confidential.

Not every case belongs in mediation

CourtHelp notes that not all cases are appropriate for mediation and that the mediator determines whether it is right for you and the other parent. If you have safety concerns, tell the court.

If you reach agreement without mediation

Parents can also agree on their own. CourtHelp explains that if both sides agree on custody, no custody hearing is needed and the judge will enter a custody order on consent.

Preparing for mediation

  • Bring your calendar, school schedules and work schedules so you can talk about real dates.
  • Think through the parts of a schedule people usually need to settle: weekdays, weekends, holidays, summer, exchanges and how you will communicate.
  • Keep the focus on the child. A judge reviews any agreement before it becomes an order.

Common questions

Is mediation required in New York custody cases?

CourtHelp describes custody and visitation mediation as voluntary and confidential, though allegations of child abuse or threats are not confidential. The mediator decides whether a case is appropriate for mediation. If the parents agree on a parenting plan, it becomes a court order if the judge approves it.

Sources

Statutes, court rules and forms change. Check the current version before you rely on anything on this page.

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