Custody

Mediation is a when both parties meet with a neutral third party (mediator) who tries to help the parents come to an agreement. The terms of the agreement would be made by the parties, not by the mediator.¹ For cases involving child custody, residency, and parenting time, you can either ask for mediation or the judge may order it if both parents are unable to agree.

A judge may decide not to send you to mediation if there has been a history of child abuse or domestic violence, but it is still possible.

If a judge orders mediation for your child custody case, it will take place before your custody hearing in court. During the mediation, the mediator might decide to meet with your child. If the mediation is successful and you reach an agreement with the other party, the mediator will put the agreement in writing and give it to the judge for approval. If the judge approves the written agreement, s/he will include it in your final custody order.²

¹ Kan. Stat. § 23-3501
² See Kan. Stat. § 23-3503