As a soon-to-be-separated couple prepares for the divorce process, the biggest questions often center on child custody. Most parents want to maximize the time they have with their child, and many are more than willing to fight to get the lion’s share of custody.
This is particularly apparent in cases where there is hostility or contention. Of course, things can get messy in any divorce proceeding, and litigation is often an unpredictable, costly affair. Given the risks involved in litigation, we at the Law Office of James P. White are inclined to suggest negotiation and custody settlements when possible.
We understand that this route is not right for everyone and his/her specific family circumstances. However, in cases where negotiation is still an option, the benefits are massive. For today’s post, we’re looking at how you and your loved ones benefit from working together to establish a child custody settlement in lieu of traditional litigation.
Why Settle During a Custody Dispute?
Many associate the term “settlement” with not getting to win or get a favorable outcome. In terms of family law disputes however, finding a middle ground is often the best way for everyone (including your children) to get what they need/want.
Here’s how settlements benefit you:
- You and the ex get control over the outcome, unlike traditional proceedings where you are at the mercy of the court
- You save time and money by skipping lengthy traditional court proceedings
- You and your loved ones can enjoy increased privacy as negotiations/mediation outside of a court of law are not part of the public record.
- Settlements encourage collaboration which fosters a good relationship and promotes healthy development in children.
What if the Ex Refuses to Negotiate?
You don’t need to go through proper mediation procedures if you and the ex can come to an agreement, but mediation can help formalize things if the back-and-forth is proving too complicated or contentious.
However, there are many instances where one party will refuse to play ball and may actively antagonize other involved parties. In addition, in cases that involve child abuse and domestic violence, negotiation is simply not on the table.
We understand that every case has its own nuances, and given the delicate nature of custody and other family law matters, approach each situation on its own merits. This is why we advise that, if you’re dealing with any type of custody issue in CA, you reach out to a qualified legal professional.
Learn more about how you can best protect you and your family during any type of family law issue in California. Call us today at 925-271-0999 to book a free consultation.