Can a Judge Suspend Mediation for an Oklahoma Divorce?Putnam Law Office
Divorce mediation is something many people find solace in because of how much time and money mediation can save them compared to an Oklahoma divorce trial. However, not everyone realizes that a family court judge can suspend and stop people from using divorce mediation services if domestic violence or child abuse is suspected or reported. Knowing about some of the legal exceptions to this might give you the chance to gain your mediation options back. Talk to an Oklahoma Family Lawyer to find out more.
When Can Oklahoma Divorce Mediation Be Suspended?
Two main things can prompt a family court judge to suspend Oklahoma divorce mediation; domestic violence and child abuse. Not everyone realizes what can count as domestic violence or child abuse. A partner can be accused of domestic violence in Oklahoma if there is suspected or reported:
- Threats of physical harm to the other partner or child
- Intentionally causing emotional distress to the other person
- Coercive control using sexual, emotional, physical, or financial abuse
Either parent can be charged with child abuse if the court suspects emotional, sexual, pr physical abuse of the child. Neglect is also considered a form of abuse that happens when the child is left to fend for themselves at an age when the child cannot engage in self-care and avoid hazards. For example, a parent who leaves their very young child in a house all day without providing any food or water could be considered neglectful. All a judge needs is suspicion of Oklahoma child abuse or domestic violence to bar you and your spouse from mediation. However, there are exceptions to this rule that include:
- The mediator has specialized training for this
- The abused person will not suffer from mediation
- Mediation will protect the abused person from an imbalance of power
How Will This Affect Oklahoma Child Custody?
You might be wondering how being suspended from mediation due to child abuse or domestic violence might affect Oklahoma child custody. The reality is that the judge will strongly consider factors like abuse when deciding on child custody. This is done to adhere to the Oklahoma best interests of the child standard.
What this standard says is that any legal decisions involving a minor should be done while also considering the child’s safety, emotional well-being, and future. Since child abuse and domestic violence can both put a child’s well-being at risk, the judge will most definitely be using the best interests of the child standard when looking at a case involving either of these. Feel free to talk to a lawyer about your legal options if you have concerns about this.
Divorce Lawyer in Oklahoma
Coming into conflict with your spouse or the court about child custody can feel overwhelming at times. Consider seeking help from an Oklahoma Divorce Attorney if you have concerns about this. Contact the Putnam Law Office today at (405)-849-9149 for a consultation. Our team of lawyers can help you achieve the divorce goals you want. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.