Custody Agreements – The Process of Settlement

Settlement of custody disputes is usually preferable to going to court. Agreements save time, money, and personal anguish for all involved. There are generally two ways to bring a custody issue towards settlement.

The first is by straight negotiation with the other parent. This is the best choice for parents that get along very well and are in total agreement with all custodial issues. This is by far the exception rather than the rule, but it does happen. Typically, the most successful settlement tract is through a meditated or unmediated settlement conference, wherein all parties and their attorneys meet (the client usually in separate rooms) so that the negotiations take place while all parties are available and a deal can be made and signed that day. We prepare our clients ahead of time and are there with them during the entire process and advise them privately the whole way through. It ends the case quickly and that’s usually better for everyone. It is a much more efficient use of time than negotiating back and forth through letters between attorneys who have to consult with their clients before responding. In most cases, an agreement is reached.

When you have come to an agreement, it must then be formalized in legal written format. Child custody issues can be settled amicably either by lawful written agreement or by Court Order by consent (without a trial). We can help you with either of these settlement methods and can help you decide which is best for you. A Consent Order is a Court Order and carries all the weight of an Order of the Court, including but not limited to the power to punish or even jail those that violate the terms of the order under certain circumstances. Custody Agreements are less costly and work well in certain cases, but lack the enforceability and the many other advantages of a Court Order.

In either case, GREAT CARE must be taken in drafting any type of custody document as they will likely have long lasting and possibly unintended consequences. With over two decades of combined family law experience, we know what issues need to be covered in an agreement and our agreements serve not only to record the custodial schedule, but they also deal with and avoid countless other potential issues that may, and likely will arise down the road. This saves our clients thousands of dollars as well as future pain and anguish in the process. Issues such as child support, daycare, medical reimbursement, dental care, religion, transportation, co-parenting, alienation of children, access to school records, educational decision making, overnight guests of the opposite sex, and a great many other issues are typically addressed according our clients specifications. We assist you by advising you on the issues and offering suggestions and possibilities.

Do You Need Guidance Regarding Custody Agreement?

We realize that some people need more guidance about custody and agreements, while others know what they want right away. Our job is to help where needed and we make sure your legal bases are covered. Contact us to discuss how we can help you settle your case or call us toll-free at 1.888.600.8834.