What Parents Need to Know About Child Custody

Couples who are separated should ensure that they are familiar with the child custody process.  This knowledge will help them in the courtroom if they decide to file for divorce. The term “custody” brings up images of one parent losing and the other winning.  This adds tension to an already unpleasant situation.  Fortunately, there is a way that parents can resolve child rearing issues without custody being determined by the court.

It’s worth mentioning that couples who are on the brink of divorce may still have the same ideas about child rearing.  Ideally, parents will separate their personal issues from child issues.  This will allow both parents to have a meaningful role in their child’s life. Parents can avoid custody proceedings by developing a parenting plan.  This plan will identify which parent has authority on specific issues.  It will also specify a dispute resolution method.

Once the areas of agreement have been identified, couples will need to reach consensus on disputes.  They can do this by going through mediation or arbitration with a parenting coordinator.  As mediation costs money, most parents do not ask for meetings when it comes to frivolous problems.

When Do Parents Need to Start Thinking about Court Ordered Child Custody?

Setting up a parenting plan is an excellent way to make sure that both parents have control over their lives.  Those who cannot reach an agreement will be forced to abide by a court imposed solution.  Therefore, it is important to explore parenting plans before deciding to go to court.  With parenting plans, both parents can have an active role in parenting decisions.

The first step in setting up a plan is getting legal help.  Parents should hire lawyers that have experience in both collaborative law and family law.  These lawyers will set up a meeting where each parent can state what they wish to get out of the proceedings.

Although coming to an agreement will not be easy, it will happen for most couples.  There are several circumstances where an agreement may not be reached.  Some of these are listed below.

• When one parent considers the other to be an “unfit” parent.
• If a parent wishes to move the child to another state or country.

If parents cannot create a workable parenting plan, they may have to forgo the proceedings and go to court.  The court will then decide custody based on numerous factors.  Some of these factors are income, stability and standard of care.  If the child is old enough, he or she will be asked where they want to live.  If parents can make a suitable parenting agreement, they can avoid one person being awarded full child custody by the court.

Don’t leave anything to chance. The family lawyers and divorce lawyers at Fine & Associates are ready to fight for you.