Our Alternative Legal Services
No one benefits from a long, drawn out custody battle,
especially children. There are various alternatives to traditional
litigation, which encourage amicable resolution of pending disputes
while keeping the focus on your child, such as guardian ad litem
appointments, custody mediation, case management, and collaborative
law. The utilization of such services greatly minimizes the likelihood
of an ugly legal battle and the ill effects such a battle can cause to
your child.
Guardian
Ad Litem Appointments
A guardian ad litem (GAL) is an attorney appointed by the court to
represent the best interests of the child. A GAL is responsible for
completing an independent investigation to include making ongoing
contact with the child, the child’s parents, the school,
therapists and others. (Click
here for more information on GAL)
Experienced
Case Management
Who better to determine a child’s future than his or her parents?
Case management is a mechanism to help parents overcome communication
barriers and work together to resolve disputes. A case manager may be
appointed by the court in a high conflict custody dispute. A case
manager is responsible for providing services, other than mediation, to
help facilitate cooperative parenting. When a dispute arises between
co-parents, case management offers an excellent alternative to court
involvement.
Case managers help facilitate agreements between
co-parents. If an agreement cannot be reached, the case manager will
take the knowledge he or she has learned and make a recommendation to
the court.
Is case management appropriate for my case?
Your case may be a good fit for case management if:
- Mediation has been attempted but failed to resolve
the dispute
- Mediation has been deemed inappropriate by the family
- Repetitive conflict exists in the family
- A parent exhibits a diminished capacity to parent
Custody Mediation
Custody mediation is a process by which a neutral third party works
with both parents to facilitate parenting agreements. With the consent
of both parents, financial issues may be discussed in the mediation
process as well. Everything discussed during mediation is confidential.
The mediation process usually consists of one individual
session with each parent in which issues will be outlined as well as
one or two joint sessions with both parties. Alternative arrangements
can be made if necessary. At the conclusion of the mediation process,
if an agreement is reached, the mediator will journalize that agreement
and submit to the parties and counsel, if applicable, for approval. A
mediated agreement does not become binding until signed by both parties
and, most importantly, approved by the court.
Collaborative Law
If you are considering divorce and have concerns about “going to
court,” collaborative law offers a structured alternative to the
court room.
Collaborative law encourages settlement outside of
court. In the collaborative law process, each party is represented by
their own attorney. The attorneys and clients sign a participation
agreement which stipulates both attorneys will withdraw from the case
if the parties are unable to reach settlement.
By creating a cooperative environment, parties can
diligently work towards reaching agreements which are in the best
interest of their child(ren), rather than preparing for a potentially
lengthy court battle.
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