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Child custody order without going to court

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  • Child custody order without going to court

    Is there any way to get a child custody order without going to court?

    (If my ex will agree to a draft I wrote can we skip court.)

    I am not sure he will agree BTW.

  • #2
    Ex what?

    Husband?

    Boy friend?

    Comment


    • #3
      Yes ex boyfriend!
      But I would like some agreement in place that controls the situation as he often seemingly forgets or is drinking or some issue.

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      • #4
        You two can make a contract and sign it and have penalties but it will not be like a court ordered custody agreement and if either of you went to court the court would likely treat such contract as secondary to what the court believes is in the best interest of the kids.

        Still the contract might be a starting point for you two.

        Miranda77

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        • #5
          You can also hold mediation together with a mediator and then draft an agreement.

          The mediator can help draft. It's not quite binding like a court order but it helps clarify issues and it's a start, and you avoid court. (unless you want the agreement to then be signed a judge and become an order.)

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          • #6
            Originally posted by MAXXIM02 View Post
            Is there any way to get a child custody order without going to court?

            (If my ex will agree to a draft I wrote can we skip court.)

            I am not sure he will agree BTW.

            Child custody can be resolved through informal negotiations between the parents or other parties through alternative dispute resolution (ADR) proceedings. This is an emerging concept that covers a variety of processes by which disputes between parties can be settled outside the courtroom without a lengthy trial. A family can negotiate a parenting agreement, with or without the assistance of attorneys. The most common types of Alternative Dispute Resolution are Child Custody Mediation and Collaborative Family Law. The vast majority of custody cases are resolved through informal settlement negotiation such as mediation.This is a non-adversarial process where a mediator meets with the parents to help them settle their dispute. Mediation of custody issues can enable you and your spouse to avoid hostile, stressful and traumatic litigation of a custody dispute. It provides both of you with the chance to reach the common goal of serving your child’s best interests in a civil manner. The mediator does not have the power to impose a solution. Their role is to assists the parents in creating an agreement of their own.The length of time that mediation will take depends on many factors, such as the number of custody issues, the complexity of the issues, and the commitment of all parties to reach a successful agreement.

            The steps involved in the mediation process are:
            • Initial meeting with the mediator
            • Identifying and categorizing issues
            • Discussing solutions with a give-and-take attitude
            • Preparing your custody agreement

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            • #7
              I would like mediation but it seems so difficult when the other side is soo hostile.

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              • #8
                Originally posted by Guest View Post
                I would like mediation but it seems so difficult when the other side is soo hostile.
                You know, a good mediator can often work around that. And there are lots of techniques at doing so. So don't dismiss the idea completely even in the most hostile situations.

                Getting the judge to order it sometimes opens the door.

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