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Factors In Child Custody Cases
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.
The Decision Maker If both sides want total control over the decision making and decide to reach an out of court understanding on child custody it's going to be advisable to go through (ADR) Alternative Dispute Resolution techniques, the most famous of which is mediation yet there is also the collaborative laws.
In this procedure, the parents themselves decide on the terms of child custody, usually with inputs from attorneys and the mediators.
This arrangement could either be a true joint custody settlement in which the kids split time living alongside each parent and both consent on serious decisions for the child's well-being.
Or it may be an agreement that the children will stay mainly with one parent however they will be receptive for visitation with 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 Preferences in the Custody Decision 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.
The Most important to be considered are "who would be the child's primary guardian?" and "what is in the best interest of the child?" Other elements include the child's preference, and also the fitness of each parent in coping with a growing child with many different needs.
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