Child Custody Cases: Why Hire Mediators - By: Janelle Elizabeth

Here is a step by step guideline on the factors you must follow when processing for child support laws.

Type of Custody Arrangement

You have to first recognize the options for the different types of possible custody arrangements as this is one of the first steps in establishing who will get custody of the children. As an example, both parents may wish to develop an agreement whether one or both of them make decisions on the children's upbringing and welfare, and this is known as sole custody for just one parent or joint legal custody for both parents.

Who Makes Decisions

This will determine who provides answer to the question "who will get custody?" and will depend on the process that will be followed. If both parents want full control over the decision making and decide to reach an out-of-court agreement on child custody and visitation it will be best to go through alternative dispute resolution techniques, the most popular of which is mediation yet there is also the collaborative law. In this procedure, the parents themselves decide on the terms of custody, usually with inputs from lawyers, counsellors and the mediator/s. Though this is considered an informal settlement negotiation, ADRs still have guidelines that need to be followed.

Because of the arrangement of a suitable living and visitation schedule brought about by the ADR, there is really no set answer as to who gets custody. This arrangement could either be a true joint custody pact wherein the children split time living with each parent and both concur on major decisions for the child's well-being. Or it could be an agreement that the children will live primarily with one parent but they will be open for visitation from the other parent.

When no acquiescence can be negotiated through ADRs by both parents in a child custody dispute, then the custody decision will be made usually by a family court judge inside a courtroom. It can hardly be predicted beforehand who gets the custody as it will all depend in the proceedings and whether they follow a certain procedure, adhere to a number of common fundamental principles, and look to a standard set of considerations.

Factors and Choices in the Child Custody Selection

Many aspects usually weigh on the decision-making process, whether the child custody selection will be made over the parents' negotiations or by using a court judgment.

Foremost to be considered are "who is the child's primary caretaker?" and "what is in the best interest of the child?" Other factors include the child's preference, and the fitness of each parent in handling a growing child with lots of needs.

About the Author

In this procedure, the parents themselves decide on the terms of custody, usually with inputs from lawyers, counsellors and the mediators.

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