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Resolving child custody matters out of court

On Behalf of | Oct 3, 2024 | Family Law

As a parent, you find yourself making basic and important decisions for your children on a yearly, monthly and daily basis. While much of this is routine, other decisions could make a big impact on your child’s upbringing, making it imperative that both parents are on the same page.

Unfortunately, parents may not see eye-to-eye when it comes to these decisions, presenting disputes and challenges. Add a divorce to the mix and parents may find themselves in a difficult position and a child custody dispute. While litigation is often used to resolve family law matters, it is important to note that these disputes could reach a resolution out of court.

Informal negotiations

The best way to determine if your child custody matter could be resolved through informal negotiations is to begin the discussion. Whether it is through each party’s attorney, the parties or a combination of the two, this can help determine what is at issue. Through informal conversations, you can discover what decisions you are in agreement with and where you differ.

This process could continue until everything is resolved or there is an impasse on a matter. If everything is agreed to, then the parties could finalize an agreement for court approval. In contrast, if there is an impasse, this may suggest a need to try a different form of alternative dispute resolution or consider the possibility of litigation.

ADR and child custody matters

When it comes to resolving child custody matters with ADR, two methods are frequently considered. First, parents could try mediation. While this process is similar to an informal negotiation, this method uses a neutral party to serve as a facilitator. This can help the parties better navigate their issues and provide the opportunity for creative resolutions they did not consider previously.

The other method is collaborative law; however, this method relies on the cooperation of the parties and the willingness to compromise. If parents are at an impasse but seek to avoid litigation, this process could help. Each party can voice their opinion, and with the assistance of their attorney, could reach an agreeable resolution.

If you are faced with a child custody dispute, but seek to avoid litigating the matter, it is important to consider your legal rights and options. A legal professional can help you better understand this by answering any questions of concerns you might have.