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Attorneys at Raleigh Divorce Law Firm

What is the risk of going to court over custody?

On Behalf of | Jul 26, 2022 | Child Custody |

Resolving a child custody dispute is emotionally complex. Parents may have a difficult time trying to divide time with their children – especially if they do not get along with their ex-spouse well.

If parents face a dispute, they might worry about whether they have to take their case to court. What are the chances that may happen?

How often do child custody cases go to court?

Determining a child custody arrangement is already a complicated, emotional process. If these cases go to court it can be even more so. Taking child custody cases to court is often:

  • Expensive and time-consuming, as is true with most court cases
  • Stressful for children, since they are often involved in the proceedings

However, statistics from cases nationwide indicate that parents resolve more than 90% of child custody cases outside of court. Therefore, in most cases, parents were able to negotiate a custody agreement and parenting plan without having to take matters to a family law court.

There is still a chance custody cases may have to go to court. Certain cases involving abuse or domestic violence may require court involvement.

Remember: Mediation might be mandatory

The number of child custody cases going to court is low in North Carolina as well. As we have discussed in past blog posts, North Carolina actually requires mediation for child custody disputes in many cases. This helps keep even more custody cases out of court.

There are many benefits to keeping family law matters – and especially child custody negotiations – out of court, including:

  • Families will get to determine what is best for them, not the court
  • It promotes negotiation and collaboration skills for co-parents
  • It reduces stress for the whole family

Courts support this effort as well. After all, parents generally know what is best for their children. They understand their family’s needs and circumstances better than a court could.

Support is still available out of court

It can be a challenge to work with an ex-spouse and create an arrangement for co-parenting and dividing time with your children. However, resolving matters outside of court does not mean moving forward without legal support. You can consult a family law attorney to protect the best interests of your children, your rights as a parent as well as the interests of your whole family.