Arbitration Custody Agreement

Arbitration Custody Agreement: Everything You Need to Know

Custody disputes can be emotionally charged and can become quite contentious. When parents divorce or separate, they may need to work out a custody agreement that outlines when each parent will have the children. However, even the most well-thought-out custody agreements can run into problems, and when they do, one option is an arbitration custody agreement.

What Is an Arbitration Custody Agreement?

An arbitration custody agreement is a legal process by which parties agree to have their dispute heard and decided by an arbitrator rather than a judge. An arbitrator is a neutral third party who is designated by the parties to hear and decide the case. Arbitration agreements are generally considered to be faster and less expensive than traditional litigation, and the arbitrator`s decision is binding.

Why Use an Arbitration Custody Agreement?

There are several advantages to using arbitration for custody disputes. For one, the parties have control over the outcome of the case and can choose an arbitrator who has particular expertise in custody matters. Additionally, arbitration can be less expensive than going through the court system, as there are no formal court proceedings or hearings. This can be helpful for parents who want to avoid lengthy and costly litigation.

Another advantage of arbitration is that it can be faster than traditional litigation. In most cases, the arbitrator will provide an award within a few weeks of the final hearing. This is much faster than the court system, which can take several months or even years to resolve a custody dispute.

How Does Arbitration Work?

Arbitration starts with the parties agreeing to the terms of the arbitration custody agreement. This agreement will lay out the rules and procedures that will be used throughout the process, including how the arbitrator will be selected, what evidence will be presented, and how decisions will be made. Once the parties have agreed to the arbitration terms, they will typically select an arbitrator.

The arbitrator will hear evidence from both parties and make a decision based on the evidence presented. The decision of the arbitrator is final and binding, and the parties will be required to abide by the decision.


Arbitration custody agreements can be a useful tool for parents who are going through a custody dispute. They offer several advantages over traditional litigation, including more control over the outcome, a faster process, and potentially lower costs. If you are considering an arbitration custody agreement, it`s essential to work with an experienced family law attorney who can help guide you through the process. With the right support, you can successfully navigate a custody dispute and get the outcome that`s best for you and your family.

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