Collaborative Divorce and Child Custody Issues

Couples who agree to participate in the collaborative divorce process agree to work together to come up with solutions in their divorce that will benefit the entire family rather than benefit one spouse more than the other. In a traditional divorce, each spouse hires an attorney to be an advocate for that particular spouse over the other. Every state encourages parents to make child-centered decision in regard to the custody and support of children in divorce, but parents typically disagree on what that means. Every parent has his/her own opinion on what is best for his/her children and in a typical divorce, each parent fights for his/her own position with regard to the children.

Collaborative Divorce is Usually Better for the Children

The end result of a typical divorce can be two parents who no longer speak to each other or who continue to argue about the results following the divorce because they don’t agree with the court-ordered arrangements. This result can be extremely damaging to the children involved because they deserve to have parents who can work together respectfully. Children are less likely to be caught in the middle of war between their parents if their parents participate in a collaborative divorce process. A collaborative divorce is intended to be a kinder, gentler way for spouses to work through their disagreements regarding custody and support and the end result should be two parents who can work together continuing to raise their children even though they are no longer married to each other.

The Role of Parenting Consultant in Collaborative Divorce

It is common for a couple participating in collaborative divorce to use a parenting consultant to help them assess what is best for their specific situation and their children. The parenting consultant will typically spend time with the children to determine what their wishes are and to determine what roles each parent historically played in the care of the children. Each parent will also meet with the parenting consultant (sometimes together and sometimes individually) to share their wishes and their concerns with the parenting consultant.

In collaborative divorce, the parenting consultant cannot advocate for one parent over another and must remain neutral. The parenting consultant’s role is to advocate for the best interests of the children. Every parent thinks he/she knows what is best for his/her children, but an objective professional can provide insight that a parent simply could not have.

Get Legal Help

An experienced collaborative divorce attorney can help parents get through the divorce process while keeping the focus on the best interests of the children rather than on the best interests of one parent over another. Collaborative divorce attorneys are trained to help clients remain focused through even the most acrimonious divorces. The process can be better for your children now and in the future if done right.

Thinking About Divorce?