Child custody can be resolved through informal negotiations between the parents or other parties (usually with attorneys), through use of out-of-court alternative dispute resolution (ADR) proceedings that tend to facilitate a voluntary settlement, or in the traditional court setting -- where a family court judge makes final decisions. The vast majority of custody cases are resolved before issues must go before a family court judge, many through informal settlement negotiations or the use of ADR processes such as mediation and collaborative family law. Following is an overview to your options in resolving child custody out of court.

Settlement Through Informal Negotiations

If the parents or other parties in a custody dispute are willing to work together informally to resolve all issues related to child custody and visitation, they can negotiate an agreement (with or without the assistance of attorneys). In some cases, the parties in a custody dispute may prefer to have their positions negotiated by an attorney, or the parties may negotiate themselves, and consult their attorneys prior to finalizing any agreement.  The specific settlement negotiation process will vary in most cases, but the end result of successful settlement talks in a child custody case is a written agreement. This agreement may be referred to as a "settlement agreement" in some states, while in other states the document may be called a "custody agreement" or "parenting agreement." (More on finalizing this agreement below.)

Alternative Dispute Resolution (ADR) and Child Custody

For parents and other parties involved in a child custody matter, another option for reaching agreement is alternative dispute resolution (ADR) -- including processes such as mediation and collaborative law. ADR may prove to be a beneficial tool in resolving child custody issues, depending on factors such as 1) the degree to which the parents are in dispute on key issues related to custody and visitation, and 2) their willingness to work together to resolve those issues.