What are my options for meeting the legal requirements of visitation and custody agreements?

Common Questions

June 23, 2022Author: Grant Moher, Esq.

What are my options for meeting the legal requirements of visitation and custody agreements?

Drafting and filing legal documents:
When both parents agree upon all aspects regarding visitation and custody, the process of legal documentation can be done by an attorney without mediation or litigation.

Mediation is often a good option for parents to resolve their differences regarding the child’s care, living and visitation arrangements, and child support. During mediation parents may also create a plan for managing any future issues that might arise regarding the child. Many couples experiencing a divorce find that mediation is positive alternative to litigation. In mediation, neither spouse retains an attorney and as a couple they seek the counsel of a neutral mediator, who can craft legal documents. However, both parties should retain an attorney to consult before and during the mediation process, and should ensure that their attorney had reviewed any agreement before signing.

Collaborative Law:
When using collaborative law for visitation and custody agreements, each spouse retains legal representation to guide them during negotiations and the final arrangements. Like mediation, collaborative law takes place outside of court and does not involve litigation. Within the framework of collaborative law you are assured that your legal interests are fully represented by an attorney but not determined by the court.

When parents are unable to agree on child visitation and custody issues, they often find themselves in court to resolve the situation. In litigation each parent will, in the end, have to abide by the decision of the court.

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