A custody dispute can be a difficult place to find yourself in. In Florida, custody often favors the mother even if the father is equally an effective parent. That fact alone puts parents in an unfavorable situation for settling custody disputes. Disputes can pend for weeks to months, depending on the back and forth between the parents. So, what can’t be solved in mediation often goes to court. In this article, we will talk about what the processes are in regards to custody disputes.
The information provided in this article should not be construed as legal advice. Every legal agreement is subject to the provisions of the law they incorporate. As a rule, seek personalized legal advice prior to altering any legal arrangement. At Thompson Law, we seek to protect the families and children through family law. If you are in need of legal services, contact us today.
What is Mitigation?
Mitigation is often a word bounced around in the realm of law. Ultimately, it means to reduce the severity of something. In family law, mitigation may come to mean the lessening of costs, fees, or determinations of a legal process. In regards to a custody dispute, mitigating the time spent away from you or how much you pay in support may be possible. The key to mitigating a custody dispute comes in the form of mediation, settlement hearings, or any other come-to-terms arrangement.
In these types of meeting, parents meet to discuss their needs in a custody arrangement. With their attorneys providing documentation and legal advice, the process is a form of compromising, even if it isn’t a pleasant agreement. The best case scenario for these meetings is a civil agreement between both parents. When these meetings continually occur without any success, they may lead to further legal action.
What Is Litigation?
Litigation is another term many people hear. Defined in the dictionary, litigation is “the act, process, or practice of settling a dispute in a court of law”. In other words, it is legal action. Although, each branch of the law gives a specific process to the definition, making it confusing for those not well versed in legalese. In family law, litigation can refer to taking your custody dispute before a court. There, both attorneys make a case for the desired custody arrangement. A judge typically makes a determination on an arrangement for you.
Which Is Better For A Custody Agreement?
Ultimately, it is better for the parents to come to an agreement outside of the court. The benefits of compromising between one another is immense. After all, as parents you know the wants and needs of your child. You also have the benefit of knowing the same information of your ex-spouse. An agreement between the parents means that both can benefit through time and financial means.
Parents that cannot have a civil agreement and never compromise with one another push the custody dispute into court. While these parents may finally have a custody agreement, it is court determined and court ordered. You may not like the results. A forced arrangement can cause additional stress to you and your child. Also, court costs can be expensive and may not be part of what you originally budgeted for when you entered the arena of custody disputes. The needs of the parents determine which process is better for them, despite any benefits or otherwise.