How to Get Custody of a Child Following Divorce

 

There are many ways a parent or a close relative can seek custody of their child. This is usually done during a divorce. These can be very difficult emotionally because the stakes involved are so high. The law generally requires that child custody decisions be made in accordance with the child’s best interests. These may not necessarily align with one or both of the parents' wishes. Although parents may reach a custody agreement on their own, it must still be approved and signed by the court.

Informally Negotiating Child Custody arrangements

In the best scenario, the parents will negotiate with each other without legal assistance to agree on a custody arrangement or parenting plan. Once the parties have reached an agreement, it should then be written. It may be called either a settlement agreement or a custody agreement, depending on the state. If parents can come to an agreement, and the court finds it in the best interest of the child, the agreement will be approved.

 

Alternative Dispute Resolutions in Child Custody Decisions

A way to avoid a courtroom confrontation when faced with a child custodial dispute is to use alternative dispute settlement (ADR) methods, which include collaborative family law, mediation, arbitration, and collaborative family law. ADR can be more beneficial than traditional courtroom settings because it is less adversarial. ADR seeks to achieve a compromise, rather than just "winners and losers." ADR is only effective if both parents are open to working together to find the best possible solution for their child.

 

ADR is most often used in child custody cases through collaborative family law or mediation. Mediation is where the parties to a dispute come together and discuss the issues. They then propose solutions and create a plan for themselves. A family attorney in Louisville ky may also be present. Although it is similar to mediation in many ways, collaborative family law has a few significant differences. As in mediation, the goal is for everyone to win. However, no party may ever go to court. If court action threatens, attorneys are automatically disqualified. The process is ended.

 

What is a Parenting Arrangement?

After the parties to a dispute over child custody have settled their differences and come up with compromises, they create a parenting agreement. Even though it is usually agreed upon outside of the courtroom, this often requires the help and input of attorneys. You may also call the parenting agreement a "custody" or "settlement arrangement." After signing and writing it, the court may order it.

 

These are some of the common features in parent agreements:

l  Which parent (or Guardian) has physical custody

l  Schedules of visitation with non-custodial parents

l  Which parent(s), is in legal custody

l  What future changes will be made to the agreement?

l  The Child Custody Hearing

 

Most child custody hearings can be conducted in a casual setting. Each party will be asked several questions by the judge to determine their comprehension of the parenting agreement. If there is a valid parenting arrangement, it will be formalized in a court order. The best divorce attorney in Louisville ky says that if the parties cannot agree or are not willing to work together the judge will decide who has custody.

 

How does the court take the final decision?

The judge considers many factors in deciding what is best for the kid. This includes the parents' wishes and ability, the child's wishes, emotional bonds between them and their children, and how difficult it would be for them to adjust to a new environment or school. The child's well-being can be affected by domestic violence or child abuse. Although the "tender year" doctrine gave mothers custody of young children many years ago, there is no gender-based advantage.