Settling Child Custody Terms Out of Court
Child custody negotiations can be the most difficult part of divorce proceedings, and court battles often become hostile and stressful for everyone involved. Fortunately, you and your family can reach a custody agreement without the stress and expense of family court.
Here, an experienced family attorney explains the benefits of settling outside of court and a few different ways to reach an agreement without court proceedings.
Benefits of Settling Custody out of Court
Settling is typically the best option for resolving child custody issues for several reasons. You will save both time and money by avoiding lengthy litigation. You can also maintain your family’s privacy because the settlement discussions will not become public record.
Both parties have much more control over their own agreement compared to a court-ordered settlement. Parents can create a specialized parenting plan that prioritizes their child’s unique and best interests. Additionally, parents are much more likely to adhere to an agreement they create rather than one imposed by a judge.
Ways to Reach a Child Custody Agreement Outside of Court
If you and your family want to avoid lengthy court proceedings, you have several options for reaching a child custody agreement, including collaborative law and mediation.
Collaborative Law
During the Collaborative Law process, both parties begin the process intending to settle. An attorney represents each party, and their legal representation will work together to help reach a custody settlement.
The process typically involves other supporting experts beyond the parents and their respective legal representatives. These experts include:
- A divorce coach who helps the family with emotional management and communication
- A financial expert who provides financial advice and organizes the parents’ asset data
- A child specialist who gauges the children’s needs and helps develop a parenting time plan that is best for everyone involved.
If you cannot reach a settlement agreement through collaborative divorce, every collaborative team, even the attorneys, must withdraw from the case. The parties must then start their family law court proceedings with new attorneys.
Custody Mediation
Custody Mediation helps parents resolve child custody disputes without a traditional court case. During mediation, the parents will meet with a trained, independent mediator who will help parents communicate and resolve issues to reach an agreement.
Unlike judges, the mediator cannot make decisions but can make recommendations based on your situation if you ask them to do so. They are also prohibited from giving legal advice to families. Instead, they attempt to facilitate the best possible compromise for both parents and the children.
While parents can work with just the mediator during mediation, it is typically recommended that each party have an attorney to help them navigate the process.
Finalizing the Custody Agreement
Regardless of how you reach the desired custody arrangement, a judge must approve and sign it for it to become legally binding and enforceable. Consulting with an experienced family lawyer can help ensure an enforceable settlement agreement.
Talk to the Family Lawyers at JAD Law
Even when settling your child custody agreement out of court, having a knowledgeable family attorney is essential during these negotiations. JAD Law is here to help.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
