What is the process of getting child custody in family court?

If you are in the middle of divorce, or are afraid that you are heading for divorce, you may be wondering how child custody is determined in divorce proceedings and you may wish to understand the rules of child custody and family court.   

As in all issues of divorce, the ideal way that child custody is determined is between the parents.  Parents who are able to decided on child custody and visitation out of court save the most time, money, and emotional strain on all parties involved.  As with other divorce issues, including property and asset division, financial considerations, child support, and spousal support, child custody is most smoothly handled by the divorcing couple together, with or without the help of attorneys. 

If the divorcing couple is not able to come to an agreement, even with the help of procedures like divorce arbitration and mediation, they will need to appear in family court.  A family court judge will hear testimony and consider evidence, and will make a formal and binding ruling regarding child custody matters. 

So essentially there are primarily two ways that child custody is determined: 

• Between the parents, either in informal situations with or without the help of attorneys, or in more structured settings like arbitration or mediation.  These out-of-court agreements tend to be the least difficult on all parties and the least time-consuming

• A family court judge makes the determination about child custody and visitation.

It is a good idea to have a lawyer help you in dealing with custody issues. He can either help you facilitate an out of court agreement or can assist you in making sure your rights are protected in family court.