QUESTION
If I already have a child custody agreement with my ex and he is asking me to go to a mediator, do I need to go?
Asked on Feb 04th, 2015 on Child Custody - Maryland
More details to this question:
In December, my ex asked me to go to mediation. I asked him what he wanted to talk about and/or change and he was very vague. I have asked him to meet with me and along with his fiancée to discuss this list. He hasn't met with me yet. He keeps pushing for the mediator. This is what I propose to do and I want to make sure I am not doing anything illegal or costly. I will ask him again to meet and discuss the changes in more details on the list. I want to tell him that if he doesn't meet and talk to me first I will not meet with a mediator. However, I am afraid to say that because it will appear that I am not being flexible. Can I refuse to see a mediator? Since he wants to meet with the mediator can I tell him he has to pay for it? Are the changes binding? Can we just make our own changes and have it notarized or does it have to go in front of a judge? If I refuse to go to the mediator, can he go to a judge to change the current agreement? My understanding is that the judge will probably say that we would need to go to the mediator anyway. If I refuse to go to a mediator, is his next step to petition the current agreement? Wouldn't the onus be on him to prove why we need to change the current agreement?
1 ANSWER
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Thank you for your question. It is very suspicious that your ex is not telling you upfront what he wants modified. I think you are doing the right thing by refusing to go to mediation since he is not being forthcoming. You should tell him that you are not willing to attend mediation unless he informs you of his proposed changes to the agreement.
If he wishes to modify the present custody and visitation arrangment without cooperating, then he will have to file a complaint for modification of child custody. In order to prevail, he would have to prove that there has been a material change in circumstances, and that a modification would be in the best interests of the child.
This is a serious matter, and can lead to a complete change in custody. If you are considering attending mediation, or if he files a complaint for modification, then you should immediately seek the assistance of an experienced family lawyer in Baltimore to protect your rights.
Feel free to contact my firm if you decide to go to mediation or if he files papers. I can help.
Answered on Feb 04th, 2015 at 3:29 PM