If you have a child with your spouse, and you’re considering a separation, one of your biggest concerns will be child custody.
If you and your partner can’t agree on a custody solution, it could result in a drawn-out custody battle.
How long do these cases and disputes typically last? And what can you do to expedite the process?
Article Contents
The Range Of Custody Battles
Let’s start by establishing the time range you can expect in a full custody dispute.
“It’s hard to give a universal estimate for the length of a custody battle, because every case is so different,” says divorce attorney Rowdy Williams. “I’ve seen cases that are basically over in 60 days and cases that have taken years to fully resolve. It all depends on what you’re dealing with.”
In a best-case scenario, with two parents amicably working together to form a reasonable agreement, in the right location, and with open courts, you might be done in a couple of months.
On the other hand, if you and your partner can’t agree on anything, if your case is already financially complicated, and if the courts are full, it could take more than a year to fully resolve the case.
Most people are somewhere in the middle. Assuming your case is relatively uncomplicated and your disagreements are challenging, yet manageable, you can expect your custody battle to take a few months. Many people are done in less than a year, but it’s reasonable to expect a process of 18 months or longer.
Factors That Influence The Length Of A Child Custody Battle
These are some of the factors that influence the length of a child custody battle:
Location And Local Legal Stipulations
Much depends on where you live and the specific local laws that influence your proceedings. In some areas, divorce cases can only be resolved after at least 60 days (or longer) of the participating parties living separately.
This is designed to mitigate cases of people who impulsively divorce without truly attempting to resolve their problems. In some areas, there’s also a maximum length of time that a divorce case can take.
Additionally, some states are simpler and more streamlined than others in terms of the legal complexity of custody disputes.
If you have two parents living in totally different areas, this can present some new complications as well.
Case Type
The type of case also plays a significant role in how the child custody battle plays out.
If the custody dispute is between two unmarried parents, they will likely have a much simpler and streamlined process to follow than a dispute between partners who are filing for divorce.
As you might imagine, bigger and more complicated divorce cases are much harder to manage and take much longer than simpler divorces and simple dissolutions.
Parent Attitudes And Relationships
Parental attitudes and existing relationships can also make things take longer or shorter.
If you have two parents who are willing to work with each other, and genuinely want what’s best for the child, it shouldn’t be hard to reach a mutually amenable solution.
If you have two bitter, competitive parties each trying to “win” or hurt the other, you’re in for a much longer dispute.
Special Circumstances
There are also some special circumstances that can make the case take longer. For example, if the mental health of one parent is in question, it may take time to conduct a thorough investigation and determine the legitimacy of this claim.
Court Scheduling
We also need to consider the role of court scheduling. If courts are fully booked, and it’s hard to schedule a hearing, it can artificially prolong the process, even if both parents are in agreement about how to proceed.
How To Expedite The Process
There are some circumstances that are totally beyond your control, such as divorce laws in your home state.
However, there are also some things you can do to expedite this process.
Hire A Good Lawyer (and follow their advice)
First, make sure you hire a good lawyer. A good lawyer is going to serve as your champion and representative, helping you understand the law and strategically position yourself favorably. Hire the best lawyer you can and trust their advice.
Be Willing To Negotiate
Be willing to negotiate and compromise if you want this case settled as quickly as possible.
If you and your partner can work together, everything will be much smoother. If both parties are amenable to finding a mutually favorable solution, mediation may be a great option.
Of course, negotiation and compromise isn’t always the right move; if you’re legitimately concerned for the safety or health of your child, mediation and compromise may not be reasonable solutions.
Prepare Thoroughly
Be as prepared as possible, even before you hire a lawyer. Do your research to better understand the laws in your state, come prepared with goals and expectations, and gather as much evidence as you can to support your position (when necessary).
Your lawyer will help you prepare everything you need to move forward with a smooth and manageable case.
Separations are stressful, and they’re even more stressful when you’re battling for the custody of your child.
While these disputes can sometimes last for years, many of them are resolved in a matter of months, and you may be able to resolve things in a few short weeks if you’re willing to hire a good lawyer and make some compromises.
