A PRACTICAL, STEP-BY-STEP WALKTHROUGH OF FORSYTH COUNTY’S MANDATORY CUSTODY MEDIATION PROCESS.
Before most custody cases in Forsyth County reach a courtroom, North Carolina law requires parents to go through mediation. Here’s what that process actually looks like — and how the “best interest of the child” standard shapes every step.
At Brazil Family Law, our team—led by owner Molly Brazil and Senior Attorney Erin Woodrum—is dedicated to demystifying the custody process so you can make informed decisions for your family’s future.
This guide covers the mediation step. For how North Carolina courts decide custody and how a lawyer can help, see our child custody lawyer in Winston-Salem page.
The Mandatory Mediation Step
In Forsyth County, you typically cannot rush straight into a courtroom trial. The system requires parents to participate in the Child Custody Mediation Program. This is a “pause button” designed to lower conflict.
Step 1: Online Orientation. You must complete a 45-minute self-directed online orientation within 14 days of notice. Failure to do so can lead to contempt of court.
Step 2: The Session. You and the other parent will meet with a neutral mediator to discuss your child’s needs. This session is confidential—what you say there cannot be used against you in court later.
Step 3: The Agreement. If you agree on a schedule, the mediator drafts a Parenting Agreement. Once signed by a judge, this becomes a binding court order.
What You Will Be Deciding in Mediation
Mediation covers the same two questions a judge would decide. Legal custody is the authority to make major decisions about education, healthcare, religion and extracurricular activities; courts typically favor joint legal custody, which requires parents to consult one another before big decisions. Physical custody is the residential schedule that determines where your child sleeps, either primary (mostly with one parent) or joint (shared significantly between both); North Carolina law requires the judge to consider joint physical custody if a parent asks for it.
Under N.C. General Statute § 50-13.2 the law is gender-neutral: a judge does not automatically favor the mother or the father. The court looks at stability, safety, health and well-being, and co-parenting (which parent is more likely to encourage a healthy relationship with the other parent). For the full picture, read how North Carolina courts decide custody on our child custody page.
Why You Need an Advocate at all Stages
Even though attorneys are not present in the child custody mediation room, they are essential to the process. We are the ones who draft and file your Child Custody Complaint in a way that best positions your case. We prepare you before the session, helping you understand your rights and establishing your “bottom line.” In some cases, we seek a waiver of the mediation process if there has been substance abuse, domestic violence or child abuse/neglect. If you do go to mediation, we also review any agreement before you sign it. A Parenting Agreement is difficult to modify once signed; ensuring it is correct the first time is vital. Our child custody attorneys in Winston-Salem can prepare you for each stage, from the first filing to a final order.
WE NAVIGATE the complex trial scheduling systems that vary county to county
We help make sure there are not any additional avenues for settlement outside of court
We organize your evidence and prepare your case for trial
We work with you to decide what we are asking the judge to do
We help you prepare for testifying
We assess whether any expert witnesses or other professionals need to be involved with your family
We fight for you in the courtroom
Related reading: what to know when you hire a child custody attorney.
Don’t navigate this complex system alone. Contact Brazil Family Law today at (336) 962-7221 to schedule a consultation with our bilingual team.