There are many ways for parents to resolve child custody disputes in Georgia. This includes parents that are going through a divorce or two people with a child that have never been married.
Some of the common options for resolving these issues include collaborative divorce proceedings and mediation. Binding arbitration is another potential choice that is ideal in many cases. Each option has pros and cons, and our seasoned custody attorneys can assist you with determining which one best suits your family’s needs. Reach out to the Atlanta Divorce Law Group today to begin discussing your options for arbitration for child custody in Atlanta, GA.
Arbitration is one of several tools that can be used to resolve custody and other family law disputes outside of a courtroom. Similar to mediation, this process involves both parties relying on a neutral third party outside of the judicial system.
Unlike mediation, arbitration results in a final decision that is binding in most cases. This process also has some similarities with a trial, where both sides have a chance to present evidence. However, instead of making this case to the judge in a courtroom, parties will instead argue before the arbitrator.
One of the major benefits of arbitration is that it can be useful when only one issue is in dispute. Another important benefit of the arbitration process is that it is not a matter of public record. These proceedings occur in private, which means the details of both parties’ arguments can remain out of the public eye. Arbitration for child custody in Georgia is generally much faster than traditional court proceedings as well.
The parties have a lot of control over the arbitration process. While both sides must agree to binding arbitration to begin with, they have the option to shape how the proceedings will go, including whether to conduct discovery.
What the parties will no longer have control of once they enter arbitration is the outcome of the case. The arbitrator’s decisions are final. This means once the arbitrator makes a decision regarding child custody, it is incorporated into the final order presented to the judge. At this point, it is too late for either party to back out. This is a significant difference from mediation, which is never binding. However, the best interest standard still applies.
In most types of family law cases—like divorce or alimony disputes—the decision of the arbitrator is always upheld. However, arbitration for child custody cases in Atlanta, GA is different. The judge has to act in the child’s best interests. If the judge concludes that the decision of the arbitrator goes against that interest, they can overrule the decision and set their own parenting schedule.
Arbitration is a useful tool for family law disputes and can even be used for child custody cases. Discussing this option with an attorney is important due to the binding outcome. Call our firm today to learn more about arbitration for child custody in Atlanta, GA.