Good parents can disagree deeply about child custody and parenting plans after they split up.
New Jersey parents may recognize that in theory, it is better for them to work out a parenting time agreement than to hash out their differences in a public and contentious court case.
However, it can be hard to know what to do if both parents feel strongly about their respective views. Practically speaking, it is not as easy to split the difference when it comes to child custody or parenting time as it is to in a dispute over money.
There are several tools a person might use to help them resolve a custody dispute:
- A person might want to try family law mediation. Whether they are an experienced attorney, a counselor or other family professional, a good family mediator can help parents at odds over a parenting plan come up with a creative solution.
- The couple may agree to, or one parent may request, the appointment of a guardian ad litem. The guardian ad litem is supposed to investigate the child’s overall situation and make an objective recommendation to the court based on the child’s best interest. They can serve as a neutral party who has more time and opportunity to get to know the family than does a judge in a contested hearing.
- The court may appoint a parenting coordinator. Unlike guardian ad litem, a parenting coordinator has an ongoing role in the case even after the judge enters orders. The parenting coordinator’s role is to help parents work out their ongoing disputes about custody or parenting time. They also have some authority to recommend a resolution if parents cannot agree.
- On a related point, parents may be able to work together with a family therapist or other expert whose work is to help families cooperate.
- A parent may ask a judge to talk to the child about their wishes directly in an interview. These interviews do not require a child to go on the witness stand and testify under oath.
The best way to resolve a child custody dispute will depend on one’s situation
While a Burlington County resident should be aware of all these legal options, they might not work in their respective cases. For example, some of these options might not work if domestic violence is an issue.
Those who are interested in paths to resolve an impasse over child custody and parenting time should review their legal alternatives carefully.