Child Custody – When You Shouldn't Settle Out Of Court

1 April 2015
 Categories: Law, Blog


These days reaching a settlement outside of court when it comes to custody disputes can work well for some couples. The thing is, there are times that going to court might be your only option. If a settlement is offered that you do not think is fair for you or your children, it is up to you to fight this. Here are four reasons settling your child custody case out of court may not be in your best interests.

1. Settlements are Permanent Court Documents

Remember that a settlement is just as valid as a court document and is permanent until legally challenged down the road. Signing off on a settlement just to move on may permanently tie you to an agreement that can be hard to change. If you aren't happy with the settlement agreement that is offered, you do not need to agree to this.

2. You Might Not be Thinking Clearly

Divorce can cloud your judgment and you may be distraught. Getting the process over with might be your first thought, but long-term this can be detrimental to your kids. Don't sign a settlement offer that you don't agree with just because you are tired of fighting. Work with your lawyer to keep a clear head and remember that quick decisions now will permanently affect your family's future.

3. If You are Worried About Your Children's Safety

If you fear for your children's safety when they are in your spouse's care, you have every reason to fight for full custody. If you have documentation and sound reasoning that they should not have any type of custody, be sure to work on your case with your divorce lawyer and be prepared for court. Any settlement or offer involving custody negotiation does not need to be entertained.

4. If your Ex-Spouse is Being Unreasonable

If your ex-spouse is angry or is trying to limit your custody options, you do not need to take the bait. It isn't your job to be nice and not get anybody angry. If you are feeling pushed into a corner to sign a settlement, back off and have your divorce attorney step in and help you stick to your fight for custody.

Your children are depending on you to make the best decisions for them, and sometime this can involve going to court. Just because settling might seem easier, doesn't mean it is the best choice for you or your children. It can be hard to take your ex-spouse to court, but if you know that what you are fighting for it might be your only option. Talk to a child custody attorney for more information.