Collaborative Divorce when Child Custody is at Play
By Jake Hornstein & Greg Hill, Our Children Have Rights .Org (OCHR)
A Collaborative Divorce is a legal divorce process that allows co-parents to negotiate the terms of divorce.
It’s an alternative to fighting in court, while avoiding a prolonged process where the children are the subject of a nasty litigation dispute. Co-parents can use a mix of mediation and negotiation to form an agreement on the most important details – mainly, the division of property and debts. But most importantly, child custody and support obligations.
What Makes Collaborative Divorce Special?
With Collaborative Divorce, co-parents and each of their legal representatives sign a “collaborative participation agreement” (CPA). With a CPA, lawyers cannot take part in contested court proceedings. Simply put, all parties commit to resolving the issues in the best interest of the child(ren). It’s a unique practice that allows co-parents to respectfully achieve agreeable child custody arrangements without the mud-slinging in court.
What Are the Requirements to Qualify?
Requirements include both co-parents, their attorneys, and a participation agreement. The participation agreement includes a disqualification clause. This clause advises the parents, and their lawyers, that if the collaborative process breaks down, the parents fire their legal representatives and hire new ones.
What Are Some Benefits of Collaborative Divorce?
Co-parents set the pace while resolving issues respectfully. A neutral facilitator helps customize parenting plans. Attorneys act as legal guides, working towards innovative, long-lasting solutions. Priority is given to the present and future, not past wrongdoings. It’s an efficient process that generally condenses the timeline and is significantly less expensive compared to combative litigation. Above all, the child(ren) isn’t subjected to a prolonged legal dispute that harms their emotional and social development.
OCHR is a Pinellas based 501c3 nonprofit that helps parents more seamlessly navigate their child custody and co-parenting journeys, at no cost to the family. We were recently recognized with the AMPLIFY Clearwater “Community Spirit Award.” Support of our mission is vital. And we kindly ask you to consider a small financial contribution to OCHR. Your support is deeply meaningful and necessary to serve parents through our no cost, confidential program, intended to benefit our youth.
Most importantly, if you, or someone you know, needs our assistance, we’re here for you. We’re on a mission… a mission to protect the rights of children to have access to both responsible parents by providing education, resources, and support services for successful co-parenting. Why? Because Our Children Have Rights.
Contact Jake at JakeHornstein@OurChildrenHaveRights.com or learn more online at www.OCHR.Org.
To donate: www.ourchildrenhaverights.org/donate.
