Thank you for your question.

Yes, at any time before the court issues an order on the issues, the parties can come to their own agreement. As long as your spouse is still agreeable to her proposed child custody terms, you may agree to them as well. She is free to rescind her offer from mediation, and if you cannot come to a mutual agreement now, the matter may have to go to trial. Otherwise, you can certainly agree to the terms that she had proposed.

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Yes, certainly, and the sooner the better. The more time the attorney takes in preparing the case for trial, the more likely it may be that they will want to proceed and let the court make the determination. Of course, the judge's decision may be more favorable to you than the agreement, but that is always a gamble.