Child custody disputes can be a source of significant stress and tension during and after the divorce. Some parents can have a good enough relationship to settle issues privately. But sometimes, these conflicts can escalate, warranting families to seek legal options. Going to court for child custody and visitation issues can quickly exhaust family resources, making out-of-court remedies preferable. If you and your former spouse encounter a similar scenario, you may take the suit affecting the parent-child relationship (SAPCR) case through arbitration or mediation.
An SAPCR case is the usual legal action for addressing any legal issue involving parent-child relationships. Various parties, such as parents, legal guardians and relevant government entities, can bring about this case.
Resolving issues out of court
In some instances, the court can refer a SAPCR case for arbitration. The outcome of this process is legally binding, but there can be exceptions if the results are not in the child’s best interests. If you and your former spouse permit it, you can choose to undergo mediation instead. The court can also recommend this option, depending on the circumstances.
The output of this process is a mediated settlement agreement, which can also be binding after meeting specific conditions. Before this agreement can be enforceable, it usually requires irrevocable statements, signatures of involved parties and signatures of other people who took part in or witnessed the process, such as the parents’ attorneys.
Deciding between out-of-court options
Choosing between legal remedies can significantly depend on the parents’ preferences. The court can have a say in the selection, but what happens next can hinge on each party’s willingness to proceed. When determining how to resolve child custody issues, it is best to seek legal guidance. Doing so can help you and your former spouse choose an option considering the entire family’s needs.