One of the many ways a parent or close relative may request custody is to give their child full legal rights. This is usually done during a divorce. Due to the high stakes, these decisions can prove extremely difficult emotionally. The best interests of the child must be considered when deciding on custody. This is required by law. This agreement may not always reflect the wishes of both parents. The court must approve any custody arrangements that parents may reach on their own.
Informally Negotiating Child Custody Agreements
It is best for parents to work with each other without legal help. Once the parties have agreed to an arrangement, it should then be written. It can be called a settlement or custody agreement depending on the place it is being made. If the parents can reach an agreement, and the court finds it to be in the best interest of the child, the agreement will be approved.
Other Dispute Resolutions for Child Custody Decisions
ADR (alternative dispute resolution) can be used to avoid courtroom confrontations in child custody disputes. It includes arbitration, mediation, collaborative family law, and collaborative family law. ADR is more efficient than traditional courtrooms, as it is less adversarial. ADR is about reaching a compromise, not winners and losers. ADR is only effective when both parents are open to working together to find the best solution to their child's problem.
ADR is most commonly used in child custody cases via collaborative law or mediation. Mediation is where the disputing parties meet to discuss the issues. They then create a plan and come up with solutions. A Louisville family lawyer might be present. Although collaborative family law may look a lot like mediation, there are still some important differences.
Just like mediation, the goal is to win for all. However, the parties cannot ever go to court. If court action is threatened, attorneys are automatically disqualified. This is the end.
What is a Parenting Arrangement and how does it work?
After the parties to a dispute over child custody reach an agreement and settle their differences, they can make a parenting plan. Even though the agreement is usually reached without the involvement of a judge, it will still require the input and assistance of lawyers. A parenting agreement can also be called a 'custody arrangement' or a'settlement arrangement. After the agreement has been completed, the court may order its execution and signing.
These are some of the common features in parent agreements:
Which parent (or Guardian) has physical custody?
Schedules for visitation by non-custodial parents
Which parent(s), is in legal custody of the child?
What are the plans for future changes to the agreement?
The Child Custody Hearing
Most child custody hearings can be held in a casual setting. Each party will be asked questions by the judge to determine their understanding of the parenting arrangements. Any valid parenting arrangements will be formalized by a court order. The best divorce attorney Louisville, KY states that if either party is unable to or unwilling to cooperate, the judge will decide who gets custody.
What is the final step in a court's decision making process?
The judge considers many factors when deciding what is best for the child. The judge takes into account the wishes, abilities, and emotional connections of the child and their parents. He also considers how easy it would for them to adjust to a new school environment. Child abuse and domestic violence can have a detrimental impact on a child's health. While "tender years" were used to give young children to their mothers in the past under the doctrines of mother custody, this is not gender-based.
