Settling Ongoing Custody Disputes During COVID-19
Custody dispute resolution, particularly with respect to unmarried couples, has taken on even more urgency during the COVID-19 pandemic. With New Jersey courts not operating at full capacity, and court hearing dates at a premium, it is more advantageous than ever before to resolve custody disputes without litigation.
Read on to learn more about settling custody disputes during Covid-19.
Unmarried Couples and Custody
For unmarried couples who have not been involved in the court process, but have children together, their cases are referred to as “FD” matters. Cases like this must be handled differently than standard custody disputes between spouses or divorced parents.
In many high-conflict FD custody disputes, one parent will file an application with the Family Court in the county where they reside without attempting to first resolve the custody dispute directly with the other parent.
If retained to handled your custody dispute matter, an attorney will seek to settle the case by drafting a comprehensive Consent Order agreement that can address all outstanding custody issues, as well as financial issues.
Cases involving unmarried couples require the completion of additional paperwork that is not applicable in matters involving divorced or divorcing spouses.
Who Has Primary Custody?
The primary issue in custody disputes between unmarried couples is which parent will be designated as the child(ren)’s primary custodial parent, and how the parenting time schedule will be organized so that it suits both parties.
If there is no attempt to settle a high conflict FD custody dispute prior to litigation, there is no guarantee that the trial court will provide you with a schedule that works for either side.
There is also the likelihood that the Family Judge will simply send the parties to court-ordered custody mediation. Rather than waste time and money litigating a custody dispute that can more efficiently be resolved between the parties, with the assistance of experienced counsel, the parties should make every attempt possible to settle the case.
Downsides of Going to Court Over Custody Issues
There is far more potential downside in having a Family Judge order a schedule that neither party is comfortable with than attempting in good faith to resolve a contentious custody dispute before court involvement.
Most attorneys’s believe that dictating the terms of your own custody agreement is more beneficial than being ordered to comply with a schedule that neither party can comply with, and may not take into account their respective work schedules and other time commitments.
Please contact our office to discuss any issues relating to the drafting of comprehensive custody agreements in either divorce matters of FD cases.
