Factors In Child Custody CasesJanuary 27th, 2011 | Posted by in Uncategorized
Below is a step-by-step information on the factors you have to follow when filing for child support laws.
Kind of Child Custody Arrangement
You must first know your choices about the unique variations of possible custody agreements as this is amongst the initial steps in establishing who will get custody of the children. For example, both sides may want to come up with an accord as to whether one or both of them help make decisions on the child’s welfare and upbringing, and this is known as sole custody for just one or joint legal custody for both mom and dad.
Who Makes Decisions
If both parents want total control over the decision making and decide to arrive at an out of court settlement on custody it’s going to be best to undergo (ADR) Alternative Dispute Resolution techniques, the most famous of which is mediation yet there’s also the collaborative legislation. In this action, the couple themselves settle on the terms of custodianship, usually with advices from lawyers and the mediators.
This arrangement can either become a true joint custody settlement where the children split time living alongside each parent and equally consent on serious choices for the child’s well-being. Or it may be an agreement that the children will reside mainly with one parent however they should be open for visitation from the other parent.
Whenever no agreement is negotiated by way of mediation by the couple in a child custody battle, then the custody decision will be prepared usually by court.
Factors and Preferences in the Custody Selection
Various factors usually weigh on the decision-making process, whether the child custody selection will be made over the parents’ concurrence or by way of a court decision.
The Most important to be evaluated are “who will be the child’s primary caretaker?” and “what is in the best interest of the child?” Other variables range from the child’s preference, as well as the abilities of each parent in coping with a developing child with many different needs.
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