If it is determined that the separation is done amicably, then there may not be a need to file a child custody action against your spouse. There are ways that custody disputes can be resolved without the need of litigation. Mediations or alternative dispute resolutions can be made. In mediation, a neutral third party steps in to assist the parents discuss and negotiate custody in coming up with a plan.
But, both negotiation and mediation may not always possible in a custody case. There may be a record of domestic violence that may make ADR quite unnecessary and illogical. To keep your legal strategy in check, the lawyer must be able to know how willing you are to collaborate and cooperate with your child’s other parent. To say the least, the relationship between you and the other parent really does play a huge role in the case.