Can I do this?

[niko52]

What is the name of your state? Virginia

My husband had a summons issued for me to attend a mediation so that we could dicuss visitation and custody of our daughter. I also have a court date just in case we can't resolve it. The way he went behind my back and lied to my face about this summons has encouraged me to go ahead and fight for custody of my daughter now, is there any way that I can use my court date that I was assigned, as a way to present my claim for sole custody?

Any advice is welcome.

 

[stealth2]

Most likely, you're going to have to go through mediation first anyway. If the summons for mediation is through the court - you're obliged to attend. If the hearing is before the mediation date, his lawyer is going to tell/remind the judge of mediation and the judge is most likely going to order you to go and try to work it out.

Look - no one does things perfectly in a divorce/custody fight. You need to keep your eyes on what's important - and that is what's best for your child. A noncontentious, mediated agreement will more likely be best for her.