Married parents in South Carolina share responsibility for their children. If they decide to divorce, they will generally have to find a way to share their parental responsibilities. Most parents of minor children must split up time and also find a way to share decision-making power. There may also be financial support matters that the parents will need to negotiate. Some parents are able to quickly reach an agreement about how they will share custody and navigate support, but many others require outside assistance. Some divorcing parents will end up litigating in South Carolina family court because they can’t find a way to compromise with each other.
However, court isn’t the only option for those who still need to work out the details of a co-parenting arrangement in South Carolina. Many parents attend mediation sessions to negotiate a settlement and file an uncontested divorce. Why do those with children in particular, often benefit from pursuing mediation instead of litigation?
Doing so can take the pressure off of the children
The more that parents disagree about custody matters, the more outside input will be necessary to put together an effective custody order. In South Carolina, the children and the family do not have the authority to choose where they live and a shared custody scenario. Still, their preferences can influence what a judge believes would be best for the family. The age at which a child’s opinion starts influencing custody matters is somewhere between 12 and 14, depending on the child’s maturity. When parents settle their disagreements in mediation, children will not need to communicate their wishes to the courts, which can drastically reduce how stressed they feel about their parents’ divorce proceedings.
The process can help co-parents to start rebuilding a positive relationship
The mediation process involves discussions facilitated by a neutral third-party mediator who can assist parents in finding a compromise that will work for their family. The process of negotiating can help parents work through or at least move past some of their disagreements with each other. They may also be able to learn or practice new communication skills. Successfully resolving household disputes during mediation may help parents feel more comfortable cooperating with one another for the benefit of their children.
Considering divorce mediation as an alternative to litigation may be a good decision for those currently unable to agree with their spouse and worried about what divorce may mean for their children. Seeking legal guidance to clarify how this opportunity would likely unfold can be helpful.
