When parties cannot agree on one detail in a child custody action – Family law cases can be very tough and contentious because the parties often have a long history with some unresolved issues. With that said, sometimes no matter how many conversations are had and how much compromise occurs between them, there can be one thing that the parties will not agree about.
Child custody cases can get very ugly and because of this, we often suggest that our clients attempt to handle things amicably as much as possible. Sometimes that works completely and sometimes it doesn’t work at all. In this blog, we will talk about when it works partially and what happens when the parties mostly agree but still have things that need to be decided. Like all of our blogs, this is intended for informational purposes only and not intended to act as a substitute for the advice and counsel of a family law attorney.
How can parties work things on in a child custody case?
There are three ways a child custody action can end: 1) in a dismissal, 2) with a child custody trial, or 3) by some agreement of the parties. These agreements are done through a consent order that is signed by a judge and entered into judgement and has the full force and impact of a judge’s ruling. Both physical custody and legal custody can be resolved in these orders as well as several other details involving child custody.
The parties can agree on everything and be done with the process, and sometimes that is how it occurs. Sometimes, however, there are one or two things that the parties cannot agree on no-matter what. However, this does not have to be the end of consent process.
What do we do with the things we cannot agree about?
Child custody trials end with the judge making a ruling that must be followed by both parties whether they like it or not. Avoiding this uncertainty is one of the main reasons’ parties like to avoid a trial. The trial does not have to be all or nothing. The parties can inform the court of what they have agreed to, and have a judge hear testimony and decided on the one or two items that are still in controversy.
Another option is to participate in binding arbitration with regard to the items that were not agreed on. With these options, it gives the parties control over the things that they have already agreed on and it prevents a fight about things that are not at issue.
Family law is very complicated and often requires expert help. If you are in need family law attorney in Charlotte, NC or the surrounding areas, contact us.