ABC Family Law Blog > Florida Grandparents’ Rights and Collaborative Divorce

Posted on July 25, 2013

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From Adam B. Cordover, Esq.:

But what if there was a divorce process in which the importance of grandparents’ interaction with their grandchildren could be recognized? There is, and the process is called collaborative divorce.

Collaborative divorce is a dispute resolution process where the spouses and their attorneys agree not to engage in bitter, public courtroom battles. Instead, decisions concerning the dissolution of the marriage, such as parenting plans and division of assets, are made by agreement of the spouses in private and confidential meetings.

Each spouse has an attorney to help advise them, and a trained facilitator is also retained to ensure that everyone (including the attorneys) focus on the best interests of the children and the future of the family. The facilitator, who is generally a mental health professional, also helps the clients explore creative options – such as including grandparent visitation in the parenting plan – that a judge would never entertain.

In fact, if the spouses agree, the grandparents can even be a part of the collaborative divorce process and have their voices heard.

Keep in mind that a grandparent visitation clause may not be enforceable by court order; however, most family law attorneys’ experience is that parties are much more likely to abide by an agreement reached by compromise as compared to an order imposed by a judge. Further, agreements reached via the collaborative law process have rarely been challenged in court; rather, if a change is needed, the collaborative process is often reinstituted.

Read more at ABC Family Law Blog.

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