Question:
I signed a mediation agreement that set up a parenting plan schedule regarding visitation between my children and their grandparents.
The custody schedule is not working out and I would like to change the mediation agreement.
What is the validity of a mediation agreement? Since it’s not a court order can a party simply stop following it at any time or should I attempt to modify the agreement through the court?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Generally, a mediation agreement is not binding without a court order.
That being said, the terms of the mediation agreement are typically adopted in a court order with a termination date described therein, or as provided by law. This means that your terms may cease at the time the children become adults, or any subsequent court order is entered.
In order to apply for a subsequent court order modifying or terminating a parenting plan, you must apply for a modification in my jurisdictions.
In order to modify a prior court order, you must show to the court that a material change of circumstances has occurred which makes the parenting plan obsolete, unable to carry out, or possibly “not in the best interests of the children.”
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
