The State of Florida’s legal system provides separating parents with an opportunity to meet informally via zoom or in-person to explore whether they are able to reach an agreement regarding the best interests of their children. The process, known as family mediation, can be a complex process to navigate. Parents will need extensive supporting documentation to support their parental responsibility and timesharing requests and negotiate effectively regarding what is best for their child. Our child custody mediation checklist covers the practical aspects of preparing for child custody mediation. With it, you’ll be able to effectively fight for your parental rights and do what’s right for your child.

Table of Contents

Legal Documentation and Information

Gathering the necessary legal documentation and information is the foundation of your preparation. Being well-organized and having all essential documents ready will support your case and streamline the mediation process. Additionally, using supporting documents to back up your claims and requests for child custody will help give weight to your words, especially if mediation fails and you need to take your case before a judge.

Some of the forms you’ll need are as follows:

Financial Records: Income statements, tax returns, bank statements, and any financial affidavits.
Parenting Plan: A detailed parenting plan outlining custody. Arrangements, visitation schedules, and special considerations.
Relevant Legal Orders: Any existing court orders or previous custody agreements.
Child’s Records: School reports and medical records.
Communication Logs: Records of any relevant messages between you and the other parent, especially those that demonstrate cooperation or conflict.

Each type of document provides a piece of the puzzle, demonstrating your ability to care for the child and also shed light on any past conflicts that need to be addressed in the custody agreement.

Here’s a closer look at how you can collect and organize each of these points of information:

Financial Documents for Child Support Negotiations

Financial documents demonstrate that you can provide your child with a stable living environment and are used to calculate child support. The particular forms you’ll need include the following:

Income Statements: Recent pay stubs, W-2 forms, 1099 forms, and other income documents.
Child-Related Costs: Costs associated with the child, such as school fees and medical bills/expenses.
Court Orders: Previous court orders outlining timesharing or child support for the children subjection to the pending action or other children you are currently financially supporting.

Providing all of this documentation is especially important in new child custody cases, as it will help your attorney the ability to develop a strategy that is the most advantageous to your position. A mediator will better understand your financial situation and ensure that decisions are made in the child’s best interests and utilizing documentation that the Court would take into consideration that can strengthen your negotiation position.

With that in mind, you must gather all of these documents before your mediation hearing. Failing to do so could cause a less productive mediation conference, resulting in an increased chance of stressful litigation. Showing up to your mediation prepared will help expedite the resolution process and minimize the risk of delays.

Additionally, be open and honest about your financial situation. Intentionally altering or omitting important documents could lead to serious consequences, especially if the case is presented to a judge for resolution.

Drafting Proposed Parenting Plans and Schedules

The parenting plan is the most important part of mediation in custody cases. It outlines how you and your former spouse will divide your time with your child.

Here are some of the details that you need to include in your initial and finalized parenting plan:

Parental Responsibility: Clearly define the type of decision-making authority you seek (shared, shared with a parent having ultimate decision-making authority, sole) and your reasons for it.
Timesharing Schedule: Outline a detailed schedule, including where and when the child will live. Also, the time and location in which the minor child will be exchanged will be determined.
Transportation: Address how the child will be transported between home and school.
Holiday and Special Occasion Plans: Identify who gets timesharing on special occasions, like birthday, holidays and school breaks.
Special Considerations: Include specific needs related to your child’s health and education and extracurricular activities. Also, consider any other developmental concerns that may be unique to your child(ren.)

Typically, both parties will draft a proposed parenting plan and present it to the other parent during mediation.

However, you and the other parent will not directly interact during this process. You and your attorney will wait in one conference area while the other parent and their legal representation stay in another, and a mediator will pass information and requests from one party to another. This process is called a “caucus.” The goal is to reach an agreement on all matters related to parental responsibility and timesharing, including the parenting plan. Historically, mediations were exclusively held in person. As world events have forced the Courts to increasingly embrace technology, mediations are predominately held via audio-video conferencing.

It is advantageous to prepare a Parenting Plan prior to attending mediation. It is also important for you to consider what portions of the Parenting Plan you are willing to “bend” on and which provisions you are less willing to change your position. Also, consider the values of your co-parent and which issues concerning the children are important to them.

If you have the opportunity to review the other party’s proposed plan, try to build on things you already agree upon while working to resolve your disagreements. For instance, suppose that you both agree to a seven-on, seven-off time-sharing agreement, but you disagree on which holidays the child will spend with each of you. Before addressing any conflicts, you’ll want to hammer out the finer details of things you agree on.

For example, you could propose that each seven-day custody stretch begins Monday afternoon and ends Monday morning. That would allow most exchanges to occur via drop-offs at daycare or school while ensuring each parent receives equal time with the child. Reaching an agreement on as many provisions as possible at or before mediation is recommended as it reduces the amount of issues that the Court has to decide and the amount of Court time that has to be utilized to determine the merits of your case.

Collecting Evidence of Child’s Well-Being

Table with evidence document and evidence

It’s important to demonstrate how your proposed timesharing arrangements will support your child’s well-being. Collecting evidence that shows your child will be healthy and in a stable environment will help you achieve more favorable terms.

Potential evidence to include is as follows:

School Records: Report cards and attendance records.
Medical Reports: Up-to-date medical records.
Extracurricular Activities: Extracurricular Activities: Document your child’s participation in sports or clubs.
Communication Logs: Records of any significant messages with teachers or doctors.
Photographs and Videos: Visual evidence of your involvement in your child’s life.

Mediation in custody cases can be emotionally charged, so try to focus on facts. Avoid presenting “evidence” that personally attacks the other person or airs your relationship grievances. At the same time, remember that it’s best to be open and honest about any details that could be detrimental to your child. Also, remember that the court does not have the ability to solve every single dispute that you are experiencing. Keep in mind the general well-being of the minor child.

For instance, if your child frequently shows up to school without completing school assignments while in the other parent’s care, document that trend. Teacher’s notes, referrals to the office, and other documentation can help support your arguments that being with you on school days is best for your child.

Organizing for Mediation

After you’ve gathered the necessary supporting documents, it’s time to get organized. Preparing your documents and thoughts will help you present your case clearly and confidently.

Here are a few tips to help you prepare:

Create a Timeline: Create a timeline of the timesharing schedule that you and your co-parent exercised with the minor child. Also, list the major events or occurrences that justify whatever concerns you would like to express regarding the minor child. Make sure to provide the “month and year.”
Make a List of Key Points: Include the main points you want to address during mediation.
Write Down Questions: Prepare a list of questions you want to ask the mediator or other parent.
Structure Your Negotiation Points: Organize your points logically. What issues are your “non-negotiables?” What issues are you willing to reach an agreement on?

After you and the other parent have agreed to parenting plan provisions, it can be difficult to backtrack and make changes later. Therefore, you must ensure you have detailed notes to help you address all relevant issues during the mediation session. The last thing you want to do is leave mediation only to realize you forgot to address a key issue in your parenting plan.

Any vague elements of your agreement can also be a source of conflict later. As such, we recommend using a pre-mediation checklist to help you prepare and avoid any oversights.

Pre-Mediation Checklist

In the days leading up to your hearing, ensuring that you have everything in order is crucial. Here are some things to double-check:

Appointment Details: Verify your session’s date, time, and location and whether you have paid the applicable administrative fees, if any.
Goals: Review your list of mediation objectives and ensure they are realistic.
Documents: Ensure all of your documents are organized and easily accessible.

Make sure that all your documents are arranged in an easy-to-follow manner. Arrange them by type and place forms in chronological order. Doing so will save the mediator time and make them easy to reference if you need to support one of your requests.

You should also mentally prepare for the mediation process. Stay calm and focus on doing what’s best for the child. While the event will undoubtedly be emotional, it’s important to approach each challenge logically.

Day-of-Mediation Essentials

Being well-prepared for mediation day will help you navigate the process as smoothly as possible. Remember, though it can be stressful, mediation in custody cases is an event that can end your child custody battle while also allowing you and your child to move forward into the next chapter of your lives.

Checklist for Mediation Day

Lawyer shaking hands with client in office

Before you leave for your mediation conference, run through your final parental responsibility and timesharing mediation checklist, which should include the following points:

Legal Documentation: Bring all of the forms you’ve collected.
Notepad and Pen: Having a pen and paper to take notes during the session will help you keep track of important points and any agreements.
List of Priorities and Concerns: Bring a written list of your goals and concerns to ensure all critical issues are addressed.
Personal Belongings: Bring anything that will help you stay comfortable and focused, including snacks and water.

Beyond these tangible items, mental preparations are also essential. Mediation sessions wherein child custody is heavily contested can be especially difficult to navigate.

You must stay calm and prepare yourself to be confronted with proposals that may be upsetting or even infuriating. And in response, you must not “fire back” or respond maliciously. Direct your energy toward reaching favorable terms that benefit your child.

Of course, you shouldn’t settle for terms not in your child’s best interests, either. If something isn’t good for your kids, don’t hesitate to reasonably resist. Mediations are confidential unless the other party agrees to waive that right. That means that you are unable to consult with family and friends while the mediation is ensuing. Therefore, it is extremely important that you are mentally prepared for the possible outcomes. Remember, mediation is a voluntary process, and reaching a settlement agreement is not mandatory. However, it is most advantageous to do so. No one leaves mediation feeling like they won on every issue or provision that they proposed. A successful mediation often means that there is a mix of “wins and losses” on different points and provisions.

Post-Mediation Actions

After mediation concludes, it’s important to take the necessary steps to implement the agreed-upon custody arrangement. Here’s what to do next:

Review the Terms: Carefully review the terms and conditions made during mediation.
File Any Legal Documents: Finalize the documents required to formalize the parental responsibility and timesharing agreement so that it is a binding and enforceable legal document.
Establish Communication Rules: Set up clear protocols to facilitate smooth co-parenting.
Adjust: Help your child adapt and adjust to the new arrangement and be supportive.
Follow-up: Promptly speak with your attorney about any issues that arise. It is important to address issues expeditiously to prevent issues from unnecessarily escalating.

Additionally, make sure to consult with reputable legal representation. An experienced family law attorney can help you navigate the mediation process.

How Golden Key Law Group Can Support Your Mediation Journey

Golden Key Law Group, PLLC’s experienced family law attorneys, can fight for your child’s best interests. In addition to this child custody mediation checklist, we are here to help you prepare for your session and build a strong case supporting your proposed custody arrangements. Contact us today to schedule a consultation.