Can a Special Master Help in My Child Custody Matter?
Special masters are often used in divorce and paternity actions when parents are having serious child custody issues related to custodial exchange disputes, visitation schedule changes, transportation disputes, religious training, difficulty determining schools, handling behavior problems, choosing extracurricular activities, holiday and vacation schedules, behavior or boundary issues with one or both parents, health care concerns, or other co-parenting issues.
Special masters can also make recommendations in connection with parties' income and assets for purposes of calculating child and spousal support, determining arrearages/overpayments, and disposition of community of property.
Who is a special master?
A special master may be a mental health professional, mediator, or family law lawyer who specializes in helping parents resolve their disputes about what is best for the kids. Parents must agree to use a special master and agree on a specific person. Through a "Stipulation and Order," the parties decide which issues the special master has the power to make decisions about and define how long the special master will perform their job.
In some circumstances, a special master will be appointed even if the parents object. In these situations, the special master reports his or her findings and recommendations to the court. The judicial officer can then choose to adopt or modify recommendations after hearing arguments from both sides.
How can a special master help during divorce or custody matters?
In some circumstances, special masters can make binding decisions related to your children. In other circumstances, parties agree to allow the special master to make recommendations that become binding if neither party objects to the recommendation in court.
Why should we consider a special master?
Whether you are represented by a lawyer or not, special masters can be a useful alternative to repeatedly going to court and having a judge make decisions on child custody issues. In some circumstances, using a special master is preferred anyhow because they are generally much more familiar with you and your children. A special master can help a timely issue get resolved quickly instead of the party's waiting one to three months to get a court hearing.
Where does a special master meet parents?
After a special master has been appointed, they will meet with parents, sometimes in an office setting or at the respective residences of the parents. The special master will review evaluations or other court documents that may help them get to know the family better. The special master may also meet with the children and other parties who come in contact with them.
When should we consider a special master?
Hiring a special master is not cheap. They usually require a retainer upfront and bill on an hourly basis. They should not be your first option. Rather, they should be a last resort after other options, such as a co-parenting counselor, parenting classes, and mediation have failed.
Of course, in a hotly contested matter, a special master may prove to be far less expensive than litigating each issue as it comes up.
If you are wondering whether a special master would be right for your case, schedule a phone call with us today for more information.
FAQs
What is a special master in child custody cases?
A special master is a neutral professional, often a lawyer or mental health expert, appointed by the court to help resolve custody disputes. They can make recommendations or binding decisions on parenting issues.
When is a special master used?
A special master is usually appointed in high-conflict cases where parents struggle to agree on decisions affecting their children, such as visitation schedules, schooling, or medical care.
How does a special master differ from a mediator?
A mediator helps parents reach voluntary agreements, while a special master can issue recommendations or rulings that may carry legal weight and be enforceable by the court.
Do parents have to pay for a special master?
Yes. Parents typically share the cost of a special master’s services, though the court can allocate fees differently depending on the case.
Can I challenge a special master’s decision?
Yes. In many cases, you can file objections with the court if you disagree with a decision. The process and level of review depend on your state’s laws and the scope of authority granted to the special master.
What are the benefits of using a special master?
A special master can resolve disputes more quickly than returning to court, reduce conflict between parents, and keep the focus on the child’s best interests.
How to Work With a Special Master in Child Custody Cases
Understand the scope of authority
Read the court order to know what decisions the special master can make and what must still go through the court.
Prepare relevant information
Gather documents such as school records, medical notes, and your proposed parenting schedule to support your position.
Communicate professionally
When interacting with the special master, remain respectful and focused on child-centered solutions.
Follow their directives
Comply with recommendations or rulings promptly to demonstrate cooperation and reliability.
Document your interactions
Keep records of meetings, emails, and decisions in case you need to reference them later or raise concerns in court.
Seek legal advice if necessary
If you disagree with a decision or are unsure about the process, consult with your attorney to explore options for review or appeal.
