Whenever there is a divorce involving a child, especially in the case of messy relationships existing between the parents, there will be a need to seek child custody legal advice. Child custody almost always raises emotions and creates a lot of stress, not only for the parents but also for the child as well. Many divorcing parents prefer to resolve their child custody issues out of court, but sometimes a legal mandate is needed to determine who the child will live with.
Questions to Consider
The number one thing to remember in a child custody battle is that the focus should be on the best interests of the child. For example, is it good for the child to live on and off with each parent? Should the child have one main home and visitation with the other parent? What does the child want? Whatever the parents agree on is taken into consideration in court because it is usually assumed that they know their family situation better than the court.
Parents will also have to decide other issues, such as which parent will be considered the primary caretaker or “custodial parent.” They must look at who will shoulder which responsibilities for the child as well as who is more able to financially provide for the child. Making these decisions can be a long and difficult process but it is one that is necessary in order to ensure the best care for the child. If parents cannot make these decisions, they have two other options: mediation or the judgment of the court.
Using a Mediator
The courts may appoint a mediator who will attempt to facilitate the parents’ negotiations. Both the parents and child go to sessions with the mediator. A mediator is an impartial partner in the divorce process, one who takes neither parent’s “side” as their attorney is bound to do, but rather a person whose goal is to bring both parties together for a mutually satisfactory outcome. Courts often appoint mediators because it’s hard to understand a family dynamic in short court sessions.
If mediation fails, then the family will need to take the matter to court. In that case, parents will rely on the child custody legal advice given by their respective attorneys. In court, each parent will present their case for child custody and a judge will determine what is best for the child. Each parent’s attorney will be allowed to present evidence in an attempt to sway the decision in his or her client’s favor.
Additional Help
If you have more questions about child custody legal advice you should try to talk to a professional so that you can get the best help possible. The easiest, fastest way to get in contact with reliable local law firms is to use TalkLocal. Just put in your problem and availability and let them do all the work. Within minutes you will be connected to someone who should be able to assist you.
