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Child Custody

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When parents are resolving custody situations they have two routes they can take: battle it out in the courts or work together to come up with a custody agreement.  If determined by the courts, the court having jurisdiction of the divorce proceedings will generally determine the custody of children from the marriage.  Regardless if your custody case goes to court or is resolved out of court, a lawyer will be extremely helpful in guiding you through the process of establishing a custody and visitation agreement. 

 

When parents are unable to come to a custody agreement and your case is taken to court you may want to seek temporary orders for custody.  It is beneficial for a parent to retain temporary custody.  A judge will hear evidence and testimony to determine custody based on the best interests of the child.  Custody evaluations may also occur, which are conducted by an outside party who helps to investigate what arrangements are in the best interests of the child. 

 

A judge may also order psychological evaluations.  In more difficult cases, a judge may appoint a guardian to talk with the child and represent them and their best interests in the legal proceedings. 

 

Prior to making a ruling in a custody case, the judge may take into consideration the following factors: 

 

·         age and gender of children

·         a child’s relationship with both parents

·         wishes of parents and children

·         parents ability to meet demands and responsibilities

·         testimony of professionals

·         living arrangements of each parent

·         special needs of children

·         abuse and domestic violence

·         drug and alcohol issues

·         the physical and mental health of parents

 

A parenting plan is the parent or court established guidelines for custody and visitation.  When parents are devising this plan, it is important they be specific in their arrangements about both custody and visitation.  It’s also crucial to put everything in writing even if you’ve chosen not to file the agreement with the courts.  A lawyer can be extremely helping in making sure the development of this plan goes smoothly and that it can stand up in court if need be.

 

Some parents may choose to seek a mediator to help decide their custody case.  A mediator is less expensive and you are able to avoid court litigation.  Parents developing there own parenting plan always have the ability to later take their case through the legal system to have a judge help them end their custody disputes.  This often occurs when one parent fails to hold up to their end of the custody arrangement. 

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Child Custody Topics: (click on each for description)

 

Types of Child Custody

Modification to Child Custody Orders

Visitation

Common Visitation Arrangements

Long-Distance Custody Issues

Non-Custodial Parent

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