Review Third PartyVisitation and Modification Third Party Visitation

Review: Third Party/Visitation and Modification Third Party Visitation • After Troxel, state cts must give deference to fit parents’ denial of visitation request to 3 rd party. • MD statute has been held unconstitutional as applied to order visitation over reasonable denial by fit parent Modification • Test substantial and material change in circumstances? If so, court will take another look and best interests applies • Relocation: When relocation prompts modif. request: important factors in best interests analyses. current custody/visit. arrange (joint vs. sole extent of visitation)and extent of disruption to non-custodial parent’s relationship w/child

Alternative Dispute Resolution and Custody April 6, 2004

ADR: Resolving Conflicts Without Resort to Litigation Negotiation: Two parties (usually through lawyers) seek to reach a settlement Arbitration: Neutral Third Party resolves dispute by rendering a decision after hearing from both sides Mediation: Neutral Third Party assists two or more disputing parties to reach a mutually agreeable settlement of dispute

Types of Mediation • Problem Solving • Transformative • Evaluative

Mediation and Child Access Most states (including MD) now require parties to attempt to mediate child access disputes before resort to litigation See e. g. Md. Rule 9 -205: “requires” parties to custody or visitation dispute to participate in up to two mediation sessions

Lawyers as Mediators • Ethical Issues: Conflicts; Confidentiality; Non-Attorney “Practice of Law”; Mediation and Domestic Violence • Training: Varies from jurisdiction to jurisdiction MD: -Need not be lawyer -40 hours of general mediation training plus 20 hours specialized training if child access mediation • See: Title 17, Md. Rules Vol. 2 • Practice Opportunities - Mixing mediation with traditional law practice - Building a mediation practice