Should I Choose Arbitration for Child Custody in Atlanta?

In Georgia, mediation is extremely common for parents who cannot agree on how to resolve child custody issues. In fact, it may be mandatory – and a family court judge may order you to engage in this alternative dispute resolution (ADR) process before proceeding to trial. However, mediation isn’t the only ADR method. You can also choose arbitration, and this may be beneficial for various reasons. How does this process work, and can it help you resolve your child custody disputes in Atlanta?

The Georgia Arbitration Code 

The Georgia Arbitration Code makes it clear that this is a valid way of resolving custody disputes. Under Section 19-9-1.1, parents have the right to pursue arbitration when they cannot decide between themselves on how to handle child custody. A binding arbitration can take the decision away from the parents and settle matters related to custody, visitation, parenting schedules, and co-parenting plans.

What Happens During Child Custody Arbitration? 

Arbitration occurs in private, just like mediation or collaborative law. Parents often appreciate this confidentiality, as they can discuss sensitive issues outside of a public courtroom. For example, parents may need to address issues like child neglect allegedly committed during the marriage. They might also need to discuss the physical or mental disabilities of their children.

The arbitration process is led by an arbitrator. This individual is usually a retired judge, and they generally behave very similarly to a judge. The most important thing to remember about arbitration is that the final decisions are legally binding. Once you agree to participate in this process, you must accept the arbitrator’s final decisions. In other respects, arbitration offers the same level of affordability and speed as mediation or collaborative law.

Why Would I Choose Arbitration for Child Custody? 

Arbitration could be beneficial because of its legally binding nature. In contrast, mediation and collaborative law only end with “suggestions”. Parents are free to reject these suggestions, and they often do. Custody can become highly stressful and expensive if it drags on in court, and it may be particularly challenging for the children. This level of uncertainty for such a long time can be traumatic and draining.

With arbitration, you know for certain that your child custody issues will be resolved without going to court. This guarantees that you’ll save money, time, and stress by avoiding a custody trial. Note that a judge will still review the arbitration to determine whether it is in your child’s best interests – so you’ll never face a legally binding decision that harms your child.

Can a Georgia Child Custody Lawyer Help With Arbitration? 

If you feel like arbitration could be the right option, consider speaking with an Atlanta child custody lawyer. These legal professionals can help you consider your various ADR options, including arbitration, mediation, and collaborative law. Family law attorneys can also guide you through the trial process if ADR proves unsuccessful. To learn more, contact Kaye, Lembeck, Hitt & French today.

Sources: 

godr.org/wp-content/uploads/2019/10/Georgia-Arbitration-Code.pdf

georgia.gov/file-child-custody