Finding Successful Resolutions to Child Custody Decisions

Mediation ● Parenting Expediting ● Early Neutral Evaluation ● Litigation

Divorce is particularly hard on children. But there are concrete actions that parents can take to minimize the harm of divorce in the present and into the future.

Certainly, the most important thing you can do is strive to maintain a civil, cooperative working relationship for the sake of your children.

Avoiding contentious litigation now—keeping your family out of court—is a first step. At the Wintering Law Office, we help families reserve court as a last resort by providing clients throughout southeastern Minnesota with a range of alternative dispute resolution services. The immediate result is a more amicable process leading to a comprehensive and satisfactory child custody agreement.

The long-term result is better working relationships between parents, fewer harmful effects on kids, and fewer trips back to court.

Contact our Rochester family law firm to learn more about how attorney Terri Wintering and the Wintering Law Office can help you and your children.

Early Neutral Evaluation (ENE): This is a relatively new process in which two evaluators meet with the parents and their attorneys, review readily available information, and then develop an opinion regarding the most likely outcome of a full custody evaluation and court hearing. ENE allows the parties to see the strengths and weaknesses of their case, to hear the most likely outcome, and then to choose whether to proceed with litigation or to seek a compromise, perhaps through mediation. The cost and time savings can be considerable. An ENE will require 4 to 6 hours of work; a full custody evaluation will require 30 or more (double that if a client is unsatisfied with the first evaluation and seeks a second).

Mediation: If a couple cannot agree on child custody and parenting time, a neutral mediator (not working for either party) can provide a safe, structured environment where parents can start with areas of agreement and then move toward compromises on areas of disagreement. Each party may have an attorney present. If parents still cannot reach an agreement, the case may then proceed to litigation (or to ENE and then back to mediation).

Litigation: While court is never the preferred option, in some cases it is the only option. Some couples simply cannot find agreement. In other instances, a parent may be unreasonable as well as a poor candidate for parenting (as is the case with chemical dependency or mental health issues). Child custody lawyer Terri Wintering is an aggressive advocate for the best interests of children and parents in family law court.

Parenting Time Expediting: In an attempt to handle the caseload of over-booked family law courts, the courts have appointed parenting time expediters to make decisions on custody cases. Attorney Terri Wintering can be chosen by attorneys involved in a child custody matter to act as a court-appointed Parenting Time Expeditor. The role of the expeditor is first to attempt to assist the parties in reaching a mediated agreement. If the parties are unable to reach agreement, the expeditor will issue a decision.

A settlement is always preferred over the decision of a judge who doesn’t know you, your children, or your family. The goal of providing clients with so many ADR options is to help them reach settlement earlier in the process, saving them time and money.

Contact the Wintering Law Office to schedule a free initial consultation to learn more about how family lawyer Terri Wintering can help you.