What Happens If Two Parties Are Unable to Effectively Communicate in A Contested Custody Case?

When you have already tried emailing, texting, a program such as Our Family Wizard, Talking Parents, or 2 Houses and still can’t effectively communicate, mediation is the typical option, otherwise known as parenting coordinator. Mediation costs money but will cost less if you have two separate lawyers and are going into court before a Judge. I may recommend this option first if there are no sharply contested issues, domestic violence, mental health issues, etc.

If I have a client that simply cannot communicate with the other parent, even in writing, then it’s not a case where joint custody is workable. This is because joint custody assumes the parents are going to be able to effectively communicate, even if only in writing. Therefore, if someone simply will not, they will require an attorney to appear before a Judge. The more you let that issue fester, the more it will create problems down the road. Thus, avoiding communication is ill-advised.

Should Taking the Legal Route in Contested Custody Matters Be the Last Resort?

Taking the legal route in contested custody should not necessarily be only the final resort. You may want to go to mediation and/or a parenting coordinator. You may also want to hire an attorney to work out an out of court agreement. There are many other reasons to file an order to show cause or to file a new petition to adjust or enforce custody. The first step would be setting up a consultation with a good custody lawyer. A quality lawyer will give you honest advice on what to do and your options short of going back to court.

What Happens When a Custody Case Ends Up Going to Trial?

In New York, custody trials take place over 3 to 5 (or more) trial dates. Sometimes they are just morning blocks of time, sometimes they are all day blocks, and sometimes they are just afternoon blocks. Generally, they are periods of about 1 to 3 hours in which you will work with your attorney to establish evidence and witnesses. The Judge will want confirmation at the pretrial conference – or a certain amount of time thereafter – to have an exhibit and witness list. Therefore, you should already plan with your attorney for this. What documents, what videos, what texts, and what emails do we want going into our exhibit list? Do we need to subpoena any persons or documents? If so, let’s get that going. What witnesses do we want on our direct case? What witnesses do we want to hold off for a possible rebuttal to evidence that may be put forth against us?

You shouldn’t wait until you select trial dates and then start having these discussions with your attorney. Sometimes it is already too late to start mounting an effective case if you wait until trial dates have already been set, because now you are scrambling trying to get witnesses lined up and subpoenas out. It is important to note that there are sometimes issues and delays when getting responses to subpoenas.

For more information on Inability to Communicate with Ex-Spouse In A Contested Custody Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.