Factors In Child Custody Cases

Here is a step-by-step guide on the considerations you have to follow when filing for child custody.

Type of Custody Arrangement

You have to first recognize the options for the different types of possible custody arrangements as this is one of the first steps in establishing who will get custody of the children. As an example, both parents may wish to develop an agreement whether one or both of them make decisions on the children’s upbringing and welfare, and this is known as sole custody for just one parent or joint legal custody for both parents.

The Decision Maker

If both sides want total control over the decision making and decide to reach an out of court understanding on child custody it’s going to be advisable to go through (ADR) Alternative Dispute Resolution techniques, the most famous of which is mediation yet there is also the collaborative laws. In this procedure, the parents themselves decide on the terms of child custody, usually with inputs from attorneys and the mediators.

This arrangement could either be a true joint custody settlement in which the kids split time living alongside each parent and both consent on serious decisions for the child’s well-being. Or it may be an agreement that the children will stay mainly with one parent however they will be receptive for visitation with the other parent.

If no deal is concluded through mediation by the couple in a child custody battle, then the custody judgement will be formed usually by a family court judge.

Factors and Preferences in the Custody Decision

Several factors typically weigh on the decision-making process, whether the custody decision will be made through the parents’ concurrence or through a court decision.

The Most important to be considered are “who would be the child’s primary guardian?” and “what is in the best interest of the child?” Other elements include the child’s preference, and also the fitness of each parent in coping with a growing child with many different needs.

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In this procedure, the parents themselves decide on the terms of child custody, usually with inputs from attorneys and the mediators.