Why Negotiation is Important in Custody Cases

I generally advise my clients to come to a negotiated agreement in custody cases, or what is called a consent judgment. That is, a judgment by the consent of the parties as opposed to a considered decree, which is a judgment rendered by the court after evidence is heard. This is because a consent judgment is easier to change later on.

With a considered decree, the burden is very high to make any changes, so high that it’s practically carved in stone. And as life goes on, changes are likely to be needed. If you want the flexibility to make changes to fit new circumstances, a consent judgment is the way to go.

Not to mention that with a consent judgment, you can fashion a solution that fits you and the other parent better. You never know what a judge is going to rule. It might be something that doesn’t really work for anybody. And, as a final bonus, with a consent judgment, you don’t have to actually go to court. Nobody wants to go to court. Avoid it if you can.

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