Many times I will hear a party say “we’ll just let the judge decide that.” Very few people realize just how long they will be waiting for the judge to decide.
The courts want parties to be able to work out their disagreements and resolve everything. Before the judge will hear your case, you are expected to (and given every opportunity to) talk to the other side, reach some agreements, and/or try mediation. A judge will only make substantive decisions (such as deciding custody, parenting time, or child support) after a trial, motion hearing, or temporary hearing. And even then the judge has 90 days after the hearing to make a decision.
If you want to resolve the conflict, focus on the best interests’ of your family, and get on with your life – then try talking to the other side, give mediation a good-faith attempt, and work with your attorney to prepare and respond to reasonable settlement proposals.
If you want to continue the fight, destroy any potential relationship with the other side, and pay your attorney way too much money, then sit back, ignore the settlement offers, refuse to participate in mediation, and let the judge decide your case.