Parents who are intending to divorce can save their children a lot of emotional stress by being cooperating each other when it comes to parenting their children. Unfortunately, this is not always possible, or even a realistic goal.
Many Californians have been turned off by drawn out and contested fights over child custody in the courts.
Many may be looking for ways to avoid having to take their custody cases in front of a judge.
There are some alternatives:
- As we have discussed in previous blog posts, parents may enter divorce mediation. In a mediation, a trained professional, usually an attorney or family therapist, will work with each side to help them negotiate a parenting plan. The process is voluntary and confidential, and either parent may end mediation.
- The parent may ask the court to appoint a guardian ad litem for their minor children. If appointed, the guardian ad litem will represent the children and their best interests before the court.
- While their opinions about custody are not binding, guardians ad litem often carry a lot of weight with the court since they are supposed to advocate for what is best for the children. The guardian ad litem’s opinion could therefore persuade a parent to negotiate.
- California courts may also appoint a parenting coordinator. Like a guardian ad litem, a parenting coordinator may investigate the children’s circumstances and situation. They may also recommend what they believe is in the children’s best interests.
- However, unlike a guardian ad litem, a parenting coordinator’s role may continue after a final custody decision or agreement. Some California courts may even allow them to make certain binding decisions about how to implement the parenting plan.
- Courts have other tools at their disposal that may move parents toward negotiation.
Parents should know all their options
Not all options for alternative dispute resolution are right for every custody case. A parent should make sure they understand the advantages and disadvantages of each option as applied to their circumstances.
Also, litigation does not have to be nasty and contentious.
Parents and their attorneys may negotiate among themselves before their court date. Even if the parents do go in front of a judge, there are ways to make sure the proceeding is handled professionally even when both sides feel strongly about their positions.