Divorce is hard, but what makes it harder? The possibility of not being able to spend more time with your own child. Navigating child custody battles is one of the most heart-wrenching aspects of divorce. The stakes of gaining custody are high. And during this period both parents usually find themselves experiencing a lot of stress emotionally as well as legally. 

When determining child custody (San Diego), many parents have two main options: mediation or litigation. Parents love their children deeply and want what’s best for them, but emotions can cloud judgment. Hence, understanding the pros and cons of each path is crucial to helping parents make informed decisions. 

Both paths have significant impacts on the future of their relationship with their children. Choosing the right one can spare unnecessary heartache.

Custody Mediation: A Peaceful Approach

Child custody mediation allows both parents to work together. Mediation provides parents with an opportunity to settle the issue without having to go to trial. A neutral mediator helps them communicate and reach a fair agreement. This option is less formal. It focuses on finding common ground.

Let’s have a look at the pros and cons of child custody mediation.

Pros of Custody Mediation

●      Control: Parents themselves decide what is best for their children.

●      Less Stress: This process is more peaceful and effective in getting people to work together.

●      Cost-Effective: The other major benefit of mediation is that it is not as expensive as approaching the court.

●      Privacy: Mediation ensures that your family affairs do not go to civil records of the court.

●      Faster Resolution: Conflicting parties can agree more easily.

Cons of Custody Mediation

●      Imbalance of Power: If one of the parents is more authoritative the other may experience pressure. 

●      Not Legally Binding: The agreement may not be legal and binding unless it undergoes the approval of the court.

●      Not for Everyone: Mediation might not be effective in cases of high conflict or high abuse.

Are you a San Diego couple who are stuck dealing with child custody during your divorce? Call the best child custody divorce mediation lawyer in San Diego to handle child custody mediation smoothly.

Litigation: The Court Decides

Litigation for custody of a child can be defined as taking your claim to court to seek a legal remedy. A judge will make the final decision of having custody of the children. This is usually a more confrontational process. Let’s have a look at the pros and cons of litigations in such cases.

Pros of Litigating Custody

●      Legal Enforcement: It is important to point out that the court’s decision is not only persuasive but mandatory as well.

●      Safety: A legal process may be required where child abuse or negligence is involved.

●      Impartial decision-making: The judge is impartial, which benefits people in such cases since emotions can run high at times.

●      Best for high-conflict cases: If the parents cannot reach a mutual understanding the matter is solved through litigation.

Cons of Litigating Custody

●      Stress: Legal proceedings are not easy on the emotional stability of both parents and the children.

●      Expensive: Legal expenses, such as attorney fees and proceedings’ costs, are expensive.

●      Time-consuming: In fact, appointments of courts as well as lengthy procedures disrupt everything and slow everything down.

●      Damages relationships: Family conflict in court leads to deterioration of relationships between the ex-spouses, and therefore influences the lives of children.

 Finally, it should be pointed out that the choice between child custody mediation and litigation is not a simple one. While mediation is the process of amicable solution finding, litigation offers a set legal format that cannot be ignored or altered once agreed to. Parents should consider their circumstances and visit a Divorce Mediation Lawyer in San Diego or a Child Custody Lawyer in San Diego to help them regarding this.

Conclusion

Get in touch with Mesnik Law Group if you need help with any child custody. We are a group of family law experts who will provide accurate and useful solutions to any of your legal queries on child custody meditation and litigation. Contact us to arrange a consultation with a knowledgeable lawyer in this area.

Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to know more about child custody mediation vs. litigation: pros and cons.